HOUSE BILL NO. 368
INTRODUCED BY MENDENHALL, R. BROWN, ROSS, RICE, JOHN BALYEAT, L. JONES, LANGE, HAWK, KLOCK, KOOPMAN
A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING COVERT ENFORCEMENT OF CERTAIN TRAFFIC LAWS."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Covert enforcement prohibited -- definition. (1) A law enforcement officer may not enforce the provisions of this chapter, except the provisions of part 4, WHILE using covert methods.
(2) (a) For the purposes of this section, "covert methods" includes the use of:
(i) a police vehicle, as defined in 61-1-118, that is not equipped with the lights and other equipment required under 61-9-402 and with markings on the vehicle that clearly indicate its use as a police vehicle;
(ii) automated cameras and other automated devices, unless signs are posted to indicate to motorists that an automated camera or other device is in use;
(iii) hidden cameras, other than cameras contained in a police vehicle; or
(iv) any other method of enforcement that is not visible to the public or indicated by signs to be in use.
(b) covert methods does not include activity by undercover agents or detectives seeking specific suspects or by a law enforcement officer acting on information or tips received from members of the public who have observed a violation or a potential violation. THIS SECTION DOES NOT PROHIBIT THE USE OF AN UNMARKED POLICE VEHICLE FOR OTHER LAW ENFORCEMENT PURPOSES, INCLUDING PURSUING AND STOPPING A VEHICLE FOR A PURPOSE OTHER THAN ENFORCING THE PROVISIONS OF THIS CHAPTER THAT CANNOT BE ENFORCED WHILE USING A POLICE VEHICLE THAT IS UNMARKED. THE DEPARTMENT OF JUSTICE SHALL, DURING THE 2 YEARS FOLLOWING [THE EFFECTIVE DATE OF THIS SECTION], PUBLISH THE PROVISIONS OF THIS SECTION IN NEWSPAPERS IN A MANNER THAT GIVES RESIDENTS OF THIS STATE REASONABLE NOTICE OF THE PROVISIONS OF THIS SECTION.
NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 61, chapter 8, part 7, and the provisions of Title 61, chapter 8, part 7, apply to [section 1].
- END -
Latest Version of HB 368 (HB0368.02)
Processed for the Web on February 23, 2005 (10:07am)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2005 Legislature | Leg. Branch Home
All versions of this bill (PDF format)
Authorized print version w/line numbers (PDF format)
[ NEW SEARCH ]
Prepared by Montana Legislative Services
(406) 444-3064