Montana legislation · 2025 Regular Session
Montana HB396: Generally revise bail laws
Status: Signed into law, May 15, 2025
What the bill says
An act generally revising laws relating to bail; providing that a person may not be admitted to bail without first being taken before a judge in a court of record in this state; providing that the terms of an interstate compact or agreement apply in certain circumstances; revising the criteria for bail and determining the amount of bail; and amending sections 46-9-105, 46-9-109, and 46-9-301, mca.
From the engrossed text:
AN ACT GENERALLY REVISING LAWS RELATING TO BAIL; PROVIDING THAT A PERSON MAY NOT BE ADMITTED TO BAIL WITHOUT FIRST BEING TAKEN BEFORE A JUDGE IN A COURT OF RECORD IN THIS STATE; PROVIDING THAT THE TERMS OF AN INTERSTATE COMPACT OR AGREEMENT APPLY IN CERTAIN CIRCUMSTANCES; REVISING THE CRITERIA FOR BAIL AND DETERMINING THE AMOUNT OF BAIL; AND AMENDING SECTIONS 46-9-105, 46-9-109, AND 46-9-301, MCA. Section 1. Section 46-9-105, MCA, is amended to read: "46-9-105. General authority for release and detention. (1) An arrested person must be released or detained pending judicial proceedings pursuant to Title 46, chapter 9. When a person is arrested on a judicial warrant after being returned from another state to this state under 46-30-411, the person may not be admitted to bail without first appearing before the judge who issued the warrant, unless that judge is unavailable, in which case another judge in the same jurisdiction may consider the matter. When an arrested person is subject to an interstate compact or agreement, the terms of the applicable interstate compact or agreement and applicable federal laws apply. (2) If a person is released, that person shall appear to answer the charge for the alleged commission of the offense, as ordered, in the court having jurisdiction." Section 2. Section 46-9-109, MCA, is amended to read: "46-9-109. …
Sponsors
- Overstreet, Greg (R, 88) · primary sponsor
- Usher, Barry (R, 19)
Latest actions
- : Chapter Number Assigned
- : (H) Signed by Governor
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
- : (H) Returned from Enrolling
- : (H) Sent to Enrolling
- : (S) 3rd Reading
- : (S) Scheduled for 3rd Reading
- : (S) 2nd Reading
Votes
- Do Concur (April 24, 2025): 32 yea, 18 nay, passed
- Do Concur (April 23, 2025): 32 yea, 17 nay, passed
- Do Pass (March 4, 2025): 60 yea, 39 nay, passed
- Do Pass (March 3, 2025): 59 yea, 38 nay, passed
Subjects: Criminal Procedure, Courts, Corrections
Common questions
- What is HB396?
- HB396 is a bill in the Montana Legislature (2025 Regular Session): Generally revise bail laws.
- What does HB396 do?
- In its own words: An act generally revising laws relating to bail; providing that a person may not be admitted to bail without first being taken before a judge in a court of record in this state; providing that the terms of an interstate compact or agreement apply in certain circumstances; revising the criteria for bail and determining the amount of bail; and amending sections 46-9-105, 46-9-109, and 46-9-301, mca.
- What is the status of HB396?
- Signed into law as of May 15, 2025. Latest action: Chapter Number Assigned (May 15, 2025).
- Who sponsored HB396?
- Overstreet, Greg (R, 88), with 1 co-sponsor.
- Where is the official record for HB396?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC3510
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.