_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT revising laws related to court records; providing that knowingly making a false entry in or an alteration to a court transcript or recording is tampering with public records or information; providing an exception; AMENDING SECTION 45-7-208, MCA; and PROVIDING AN APPLICABILITY DATE."

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

Section 1. Section 45-7-208, MCA, is amended to read:

"45-7-208. Tampering with public records or information. (1) A person commits the offense of tampering with public records or information if the person:

(a)        knowingly makes a false entry in or false alteration of any record, document, legislative bill or enactment, or thing belonging to or received, issued, or kept by the government for information or record or required by law to be kept by others for information of the government;

(b)        except as provided in subsection (3), knowingly makes a false entry in, or makes any alteration of, transcripts or an audio recording of a court or official proceeding;

(b)(c)    makes, presents, or uses any record, document, or thing knowing it to be false and with purpose that it be taken as a genuine part of information or records referred to in subsection (1)(a);

(c)(d)    purposely destroys, conceals, removes, or otherwise impairs the verity or availability of a record, document, or thing; or

(d)(e)    purposely or knowingly misrepresents the person's identity or the use for which personal information is sought in order to obtain personal information from a motor vehicle record under 61-11-507, 61-11-508, or 61-11-509.

(2)        A person convicted of the offense of tampering with public records or information shall be imprisoned in the state prison for a term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.

(3)        The provisions of subsection (1)(b) do not apply if:

(a)        a person makes corrections to the statement in a manner that leaves the statement or words being corrected underlined in the transcript; and

(b)        corrections are approved by all parties to the court proceeding or hearing."

NEW SECTION. Section 2. Applicability. [This act] applies to corrections made to court transcripts and recordings on or after [the effective date of this act].