Montana legislation · 2025 Regular Session
Montana SB374: Generally revise contempt of court laws
Status: Failed, May 23, 2025
What the bill says
A bill for an act providing that violation of a gag order is not contempt under certain circumstances; requiring a jury trial in certain situations; providing that nonattorney laypersons may not be held in contempt in certain situations; allowing laypersons to appear with a plaintiff or defendant in court and advise or give legal information to the plaintiff or defendant; revising fines for contempt; amending sections 3-1-501, 3-1-511, 3-1-520, 3-1-523, 3-10-402, 3-11-303, 37-61-210, and 45-7-309, mca; and providing an immediate effective date.".
From the engrossed text:
A BILL FOR AN ACT PROVIDING THAT VIOLATION OF A GAG ORDER IS NOT CONTEMPT UNDER CERTAIN CIRCUMSTANCES; REQUIRING A JURY TRIAL IN CERTAIN SITUATIONS; PROVIDING THAT NONATTORNEY LAYPERSONS MAY NOT BE HELD IN CONTEMPT IN CERTAIN SITUATIONS; ALLOWING LAYPERSONS TO APPEAR WITH A PLAINTIFF OR DEFENDANT IN COURT AND ADVISE OR GIVE LEGAL INFORMATION TO THE PLAINTIFF OR DEFENDANT; REVISING FINES FOR CONTEMPT; AMENDING SECTIONS 3-1-501, 3-1-511, 3-1-520, 3-1-523, 3-10-402, 3-11-303, 37-61-210, AND 45-7-309, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Violation of gag order not contempt. (1) Violating a gag order is not contempt of the authority of the court if the person has rightfully proclaimed the person's first amendment rights under the United States constitution and has not clearly and with purposeful intention violated another person's right to privacy. (2) A gag order may not be construed to prevent prejudicing a potential jury or a judge who conducts a bench trial. (3) Criticism of court proceedings or orders is not contempt of the authority of the court if the criticism asserts the court violated state or federal law or the United States or Montana constitution. Section 2. Section 3-1-501, MCA, is amended to read: "3-1-501. What acts or omissions are contempts -- …
Sponsors
- Noland, Mark (R, 6) · primary sponsor
Latest actions
- : (S) Died in Process
- : (S) Missed Deadline for General Bill Transmittal
- : (S) 2nd Reading Indefinitely Postponed
- : (S) 2nd Reading
- : (S) Scheduled for 2nd Reading
- : (S) Committee Report
- : (S) Committee Executive Action
- : (S) Hearing
- : (S) Referred to Committee
- : (S) 1st Reading
Votes
- Indefinitely Postpone -McGillvray (March 5, 2025): 28 yea, 22 nay, passed
- Do Pass (March 5, 2025): 24 yea, 26 nay, failed
Subjects: Judges and Justices, Courts
Common questions
- What is SB374?
- SB374 is a bill in the Montana Legislature (2025 Regular Session): Generally revise contempt of court laws.
- What does SB374 do?
- In its own words: A bill for an act providing that violation of a gag order is not contempt under certain circumstances; requiring a jury trial in certain situations; providing that nonattorney laypersons may not be held in contempt in certain situations; allowing laypersons to appear with a plaintiff or defendant in court and advise or give legal information to the plaintiff or defendant; revising fines for contempt; amending sections 3-1-501, 3-1-511, 3-1-520, 3-1-523, 3-10-402, 3-11-303, 37-61-210, and 45-7-309, mca; and providing an immediate effective date.".
- What is the status of SB374?
- Failed as of May 23, 2025. Latest action: (S) Died in Process (May 23, 2025).
- Who sponsored SB374?
- Noland, Mark (R, 6).
- Where is the official record for SB374?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0758
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.