Montana Code Annotated 2023

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 19. EXECUTION OF JUDGMENT

Part 2. Suspension of Execution of Death

Proceedings Following Determination Regarding Pregnancy

46-19-204. Proceedings following determination regarding pregnancy. If it is found by the inquiry referred to in 46-19-203 that the woman is not pregnant, the warden of the Montana state prison shall execute the judgment. If it is found that the woman is pregnant, the warden shall suspend the execution of judgment and transmit the inquisition to the governor. When the governor is satisfied that the woman is no longer pregnant, the governor may issue a death warrant appointing a day for the execution of the judgment. The warrant must recite the conviction, the judgment, the method of execution, that execution of judgment was suspended due to pregnancy, that the governor is satisfied that the woman is no longer pregnant, the appointed date for the execution, and the duration of the warrant.

History: En. 95-2307 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2307; amd. Sec. 6, Ch. 411, L. 1983; amd. Sec. 1, Ch. 551, L. 1989; amd. Sec. 1760, Ch. 56, L. 2009.