46-11-801. Prosecutorial immunity. (1) A prosecutor performing a judicial function is absolutely immune from a claim based on Article II, section 36, of the Montana constitution.

(2) A prosecutor performing an administrative function or an investigatory function has qualified immunity for a claim based on Article II, section 36, of the Montana constitution.

(3) A public safety officer has qualified immunity for a claim based on Article II, section 36, of the Montana constitution.

(4) Local governments and the state of Montana are immune from a claim based on Article II, section 36, of the Montana constitution.

(5) The provisions of Article II, section 36, of the Montana constitution have no effect on the duty of the state of Montana or a local government to defend or indemnify prosecutors and public safety officers from a claim based on Article II, section 36, of the Montana constitution.