Senate Bill No. 176

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act revising the law related to eligibility for court-appointed counsel; eliminating substantial hardship in providing for personal or family necessities as criteria for court-appointed counsel; and amending section

46-8-111, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 46-8-111, MCA, is amended to read:

"46-8-111.   Eligibility for court-appointed counsel -- determination of indigence. (1) The court shall make a determination of indigence.

(2)  In applying for court-appointed counsel, a defendant shall submit a sworn financial statement demonstrating financial inability to obtain legal representation without substantial hardship in providing for personal or family necessities. The statement is not admissible in a civil or criminal action except when offered for impeachment purposes or in a subsequent prosecution of the declarant for perjury or false swearing."

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