Montana Code Annotated 2013

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     53-24-107. Public intoxication not criminal offense. (1) A person who appears to be intoxicated in public does not commit a criminal offense solely by reason of being in an intoxicated condition but may be detained by a peace officer for the person's own protection. A peace officer who detains a person who appears to be intoxicated in public shall proceed in the manner provided in 53-24-303 and subsection (3) of this section.
     (2) If none of the alternatives in 53-24-303 are reasonably available, a peace officer may detain a person who appears to be intoxicated until the person is no longer creating a risk to self or others.
     (3) A peace officer, in detaining the person, shall make every reasonable effort to protect the person's health and safety. The peace officer may take reasonable steps for the officer's own protection. An entry or other record may not be made to indicate that the person detained under this section has been arrested or charged with a crime.
     (4) A peace officer, acting within the scope of the officer's authority under this chapter, is not personally liable for the officer's actions.

     History: En. 80-2724 by Sec. 3, Ch. 403, L. 1975; R.C.M. 1947, 80-2724; amd. Sec. 1, Ch. 442, L. 2005.

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