Title 44

Associate medical examiners may be paid for their services an amount that the state chief medical examiner considers to be reasonable compensation and may be reimbursed for expenses actually incurred in the performance of their duties.

Deputy state medical examiners are hired and supervised by the state medical examiner. Deputy state medical examiners must be physicians licensed to practice medicine in Montana and must be board-certified or eligible to be board-certified in forensic pathology. Board certificati…

The duties of the state chief medical examiner and deputy medical examiner include but are not limited to the following: (1) providing assistance and consultation to associate medical examiners, coroners, and law enforcement officers; (2) providing court testimony when necessary …

When the cause of death has been established within reasonable medical certainty by the state medical examiner or an associate, whether by review of a coroner's report or by personal examination, the state medical examiner shall make available in writing to the county attorney th…

Copies of records and detailed findings of autopsy and laboratory investigations shall be maintained by the state medical examiner's office.

(1) There is a laboratory of criminalistics within the department of justice. The laboratory's purpose is to perform analysis of specimens submitted by all Montana state, county, or city law enforcement officers and all state agencies and referral specimens from other states if a…

The laboratory may charge reasonable fees for its services, except that it may not charge state, county, city, or municipal law enforcement officers or coroners of this state for services rendered. Fees collected under this section shall be deposited in an account in the state sp…

There is a director of the laboratory of criminalistics. The laboratory director shall: (1) be responsible for supervision and direction of the laboratory; (2) assist the department in the appointment of laboratory personnel; (3) render decisions as to the disposition of specimen…

(1) When law enforcement is involved in an officer-involved shooting, the law enforcement officer's weapon involved in the shooting must be collected by investigators to be photographed and turned over to the state laboratory of criminalistics for test firing and collection of ca…

No criminal or civil action may arise against a medical examiner for performing an autopsy under this chapter or for performing an autopsy on request of a federal officer investigating a death within a federal jurisdiction.

A person is guilty of a misdemeanor and may be fined not more than $500 or be imprisoned in the county jail for not more than 1 year, or both, if the person: (1) purposely fails to report or conceals a death, including a fetal death; (2) refuses to make available prior medical or…

For the purposes of this part, the following definitions apply: (1) "Department" means the department of justice provided for in 2-15-2001. (2) "Program" means the methamphetamine watch program established under this part. (3) "Retailer" means a business establishment in this sta…

The department shall establish a methamphetamine watch program to: (1) inform retailers of the problems associated with the illicit manufacture and use of methamphetamine in this state; (2) establish procedures and develop forms for retailers and other persons to use in reporting…

(1) Retailer participation in the program is voluntary. (2) A retailer participating in the program shall make reasonable efforts to deter the theft or improper sale of products used in the illicit manufacture of methamphetamine, including products containing ephedrine and pseudo…

(1) The department shall provide grants for public and private organizations to engage in initiatives designed to support the program. The grant recipient may use grant money only to pay for activities directly related to the purpose of the initiative to support the program. (2) …

A person may not be held liable for any damages arising from an act relating to the reporting of information made in good faith and in substantial compliance with the reporting procedures established under 44-4-1002.

There is created within the department of justice the position of training coordinator for county attorneys. The position of training coordinator for county attorneys is an exempt position as provided in 2-18-103. The salary for this position is the same as that provided in 7-4-2…

The training coordinator shall be appointed by the attorney general from a list of three names proposed and submitted by the Montana county attorneys' association.

The training coordinator shall perform the functions assigned by the attorney general. The functions may include but are not limited to the following: (1) providing local training in current aspects of the criminal law for county attorneys, city attorneys, and other law enforceme…

(1) There is a water right enforcement account in the state special revenue fund. (2) Fines collected pursuant to 85-2-122(3)(b) must be deposited in the water right enforcement account. (3) The money in the account is statutorily appropriated, as provided in 17-7-502, to the dep…

There is a water right enforcement program in the department of justice. The program staff may enforce the provisions of 85-2-114. The program is under the supervision and control of the attorney general.

(1) Except as provided in subsection (2), the training coordinator may act as special counsel upon request of the county attorney with the approval of the governing body of a county. (2) If a case involves the prosecution of a member of the governing body of a county or a person …

Whenever the training coordinator acts as special counsel as provided in 44-4-111, the department of justice shall charge the county a reasonable hourly fee for the training coordinator's services. Upon receipt of payment for these services, the department shall deposit these fun…

There is a fish, wildlife, and parks enforcement program in the department of justice, which must be administered by the entity in the department that assists county attorneys with prosecutions. The program staff may investigate and may prosecute criminal cases concerning the vio…

This part may be cited as the "Montana 24/7 Sobriety and Drug Monitoring Program Act".

(1) The legislature declares that driving in Montana upon a way of this state open to the public is a privilege, not a right. A driver who wishes to enjoy the benefits of this privilege shall accept the corresponding responsibilities. (2) The legislature further declares that the…

(1) There is a statewide 24/7 sobriety and drug monitoring program within the department to be administered by the attorney general. (2) (a) The core components of the sobriety program must include use of a primary testing methodology for the presence of alcohol or dangerous drug…

The attorney general shall adopt rules to implement this part. The rules must: (1) provide for the nature and manner of testing and the procedures and apparatus to be used for testing; (2) establish reasonable participation and testing fees for the program, including the collecti…

(1) (a) Any court or agency utilizing the sobriety program may stay any sanctions that it imposed against an offender while the offender is in compliance with the sobriety program. (b) If an individual convicted of the offense of aggravated driving under the influence as defined …

The law enforcement agency of a county in which a sobriety program exists shall collect the testing fee required by the rules of the department and deposit the fees into the local sobriety program account established pursuant to department rules. The fee must be distributed accor…

(1) (a) The department of justice shall create a poster that provides information regarding the national human trafficking resource center hotline. The poster must be at least 8 1/2 inches by 11 inches in size, must include, if available, a quick response code that is provided by…

(1) A victim of human trafficking is eligible for a benefit or service available through the state, including compensation under Title 53, chapter 9, part 1, regardless of immigration status. (2) A child who has engaged in commercial sexual activity is eligible for a benefit or s…

(1) On request from a person who a law enforcement officer reasonably believes is a victim who is or has been subjected to a severe form of trafficking or criminal offense required for the person to qualify for a nonimmigrant T or U visa under 8 U.S.C. 1101(a)(15)(T) or 8 U.S.C. …

There is a human trafficking education account in the state special revenue fund for the purposes of preventing and detecting human trafficking. Money in this account may be expended by the department of justice to raise awareness about human trafficking and educate the public an…

(1) There is an emergency lodging and recovery program for licensed establishments located in the state to assist designated organizations in providing short-term lodging and recovery assistance in the state to individuals and families that are victims of domestic violence or hum…

(1) There is an emergency lodging and recovery for victims of domestic violence or human trafficking account in the state special revenue fund. The account is administered by the department of justice. (2) The revenue allocated to the account as provided in 15-65-121(2)(l) must b…

This part may be cited as the "Statewide Public Safety Communications System Act".

(1) Montana finds that the continued planning and development of a unified statewide public safety communications system must be conducted in an organized, deliberate, and cost-effective manner. (2) It is the intent of this part to guide future planning for and efforts to sustain…

As used in this part, the following definitions apply: (1) "Advisory council" means the statewide public safety communications system advisory council established in 44-4-1604. (2) "Department" means the department of justice established in 2-15-2001. (3) "FirstNet" means a radio…

(1) There is a statewide public safety communications system advisory council. (2) Subject to subsection (8), the advisory council consists of nine members appointed by the governor as follows: (a) the attorney general or the attorney general's designee from the department, who s…

(1) The advisory council shall: (a) advise the department concerning future development and sustainability of the statewide public safety communications system; (b) provide recommendations to the department for the continued funding of the statewide public safety communications s…

(1) (a) Except as provided in subsection (1)(b), there is a statewide public safety communications system administered by the department. (b) The department of natural resources and conservation may opt out of the public safety communications system. (2) The department shall impl…

(1) There is an account in the state special revenue fund established in 17-2-102 to be known as the statewide public safety communications system account. (2) There must be deposited in the account: (a) money received from legislative allocations and general fund transfers; (b) …

This part and rules adopted in accordance with this part do not affect: (1) the state's ability to use FirstNet, including new services and applications available with FirstNet; or (2) any obligations or responsibilities related to FirstNet in accordance with federal statute.

(1) The department may adopt rules necessary to implement this part. Rules may include provisions for: (a) implementation of this part; and (b) administration of the statewide public safety communications system in accordance with this part. (2) Rules must be adopted in accordanc…