House bill NO. 564

INTRODUCED BY E. Stafman

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING CRIMINAL LAWS; CREATING THE CRIME OF INTERFERENCE WITH GOVERNMENT FUNCTIONS; and PROVIDING AN APPLICABILITY DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Interference with government functions. (1) A person commits the crime of interference with government functions if the person, while acting with one or more persons, interferes with, interrupts, or attempts to interfere with or interrupt a government operation or government proceeding by:

(a)        engaging in techniques capable of causing bodily injury or death or a crime of violence; or

(b)        training to engage in the techniques described in subsection (1)(a).

(2)        A person convicted of violating the provisions of subsection (1) shall be punished as follows:

(a)        for a first offense, by imprisonment in the state prison for a term not to exceed 10 years or be fined an amount not to exceed $50,000, or both; and

(b)        for a second offense, by imprisonment in the state prison for a term not to exceed 15 years or be fined an amount not to exceed $100,000, or both.

(3)        If the attorney general or the appropriate county attorney has reasonable cause to believe that a person or group of persons has engaged in or is about to engage in an act prohibited by subsection (1), the attorney general or the appropriate county attorney may institute a civil action for preventative relief, including an application for a permanent or temporary injunction, restraining order, or other order in the appropriate court.

(4)        A person who is injured as a result of a violation of subsection (1) may bring a civil action, individually or jointly with other aggrieved persons, in the appropriate court for preventative relief, including an action for a permanent or temporary injunction, restraining order, or other order, or for damages incurred as a result of a violation of subsection (1), including reasonable attorney fees or costs.

(5)        As used in this section, "crime of violence" has the meaning provided in 45-8-302.

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 45, chapter 8, part 1, and the provisions of Title 45, chapter 8, part 1, apply to [section 1].

NEW SECTION. Section 3. Applicability. [This act] applies to offenses committed on or after [the effective date of this act].