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MontanaSB 45769th Legislature, Regular Session (2025)Senate

Revise laws regarding legislative subpoenas

Sponsored By: Sue Vinton (Republican)

Became Law

LegislatureCourtsCrimes

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 3 costs, 0 mixed.

Criminal penalties for ignoring legislative subpoenas

Beginning July 1, 2025, ignoring a legislative subpoena can be a crime. A conviction is a misdemeanor with up to a $1,000 fine, up to 12 months in county jail, or both. The state must show you knowingly failed to appear, refused to testify, or did not provide subpoenaed records. Prosecution starts only after the legislature completes its new contempt certification process.

Committees gain two ways to enforce subpoenas

A legislative committee can enforce a subpoena in two ways. It may ask a district court to compel compliance through contempt. Or it may use the new legislative contempt process that can lead to criminal charges.

New process to declare legislative contempt

The legislature uses a two-track process to declare contempt when someone ignores a subpoena. When in session, the chamber that issued the subpoena adopts a simple resolution by a majority of members present. When not in session, the Secretary of State polls members: ballots go out within 3 days and must be returned within 10 days; ballots not returned count as no votes. If a joint committee issued the subpoena, both chambers must approve. After adoption, the presiding officer certifies contempt to the Attorney General to begin criminal prosecution.

Sponsors & Cosponsors

Sponsor

  • Sue Vinton

    Republican • Senate

Cosponsors

  • Kenneth Bogner

    Republican • Senate

  • Lee Deming

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 171 • No: 127

Senate vote • 4/11/2025

Do Concur

Yes: 55 • No: 44

Senate vote • 4/10/2025

Do Concur

Yes: 55 • No: 44

Senate vote • 3/6/2025

Do Pass

Yes: 31 • No: 19

Senate vote • 3/5/2025

Do Pass

Yes: 30 • No: 20

Actions Timeline

  1. Chapter Number Assigned

    5/8/2025Senate

  2. Filed with Secretary of State

    5/5/2025Senate

  3. Transmitted to Governor

    4/25/2025Senate

  4. Signed by Speaker

    4/25/2025House

  5. Signed by President

    4/21/2025Senate

  6. Returned from Enrolling

    4/13/2025Senate

  7. Sent to Enrolling

    4/11/2025Senate

  8. 3rd Reading Concurred

    4/11/2025House

  9. 2nd Reading Concurred

    4/10/2025House

  10. Committee Report--Bill Concurred

    4/9/2025House

  11. Committee Executive Action--Bill Concurred

    4/9/2025House

  12. Hearing

    4/7/2025House

  13. Hearing Canceled

    4/7/2025House

  14. Hearing

    4/7/2025House

  15. Hearing Canceled

    4/7/2025House

  16. Hearing

    4/7/2025House

  17. Hearing Canceled

    4/7/2025House

  18. Hearing

    4/3/2025House

  19. First Reading

    3/17/2025House

  20. Referred to Committee

    3/7/2025House

  21. Transmitted to House

    3/6/2025Senate

  22. 3rd Reading Passed

    3/6/2025Senate

  23. 2nd Reading Passed

    3/5/2025Senate

  24. Committee Report--Bill Passed

    3/3/2025Senate

  25. Committee Executive Action--Bill Passed

    3/3/2025Senate

Bill Text

  • Enrolled

    4/12/2025

    PDF

  • Introduced

    2/24/2025

    PDF

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