Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                             HB 802.1
                                                  HOUSE BILL NO. 802
                                             INTRODUCED BY S. KERNS
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO REVOKING PEACE OFFICER
  CERTIFICATION; PROVIDING THAT A PEACE OFFICER'S CERTIFICATION MAY NOT BE REVOKED
  SOLELY ON THE BASIS OF A MENTAL ILLNESS; AND AMENDING SECTION 7-32-303, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 7-32-303, MCA, is amended to read:
          "7-32-303.     Peace officer employment, education, and certification standards -- suspension or
  revocation -- penalty. (1) For purposes of this section, unless the context clearly indicates otherwise, "peace
  officer" means a deputy sheriff, undersheriff, police officer, highway patrol officer, fish and game warden, park
  ranger, campus security officer, or airport police officer.
          (2)      A sheriff of a county, the mayor of a city, a board, a commission, or any other person
  authorized by law to appoint peace officers in this state may not appoint a person as a peace officer who does
  not meet the qualifications provided in this subsection (2) plus any additional qualifying standards for
  employment promulgated by the Montana public safety officer standards and training council established in 2-
  15-2029. A peace officer must:
          (a)      be a citizen of the United States;
          (b)      be at least 18 years of age;
          (c)      be fingerprinted and a search made of the local, state, and national fingerprint files to disclose
  any criminal record;
          (d)      not have been convicted of a crime for which the person could have been imprisoned in a
  federal or state penitentiary;
          (e)      be of good moral character, as determined by a thorough background investigation;
          (f)      be a high school graduate or have been issued a high school equivalency diploma by the
  superintendent of public instruction or by an appropriate issuing agency of another state or of the federal
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68th Legislature 2023                                                                                               HB 802.1
  government;
          (g)      be free of any mental condition that might adversely affect performance of the duties of a
  peace officer, as determined after:
          (i)      a mental health evaluation performed by a licensed physician or a mental health professional
  who is licensed by the state under Title 37, who is acting within the scope of the person's licensure when
  performing a mental health evaluation, who is not the applicant's personal physician or licensed mental health
  professional, and who is selected by the employing authority; or
          (ii)     satisfactory completion of a standardized mental health evaluation instrument determined by
  the employing authority to be sufficient to examine for any mental conditions within the meaning of this
  subsection (2)(g), if the instrument is scored by a licensed physician or a mental health professional acting
  within the scope of the person's licensure by a state;
          (h)      be free of any physical condition that might adversely affect performance of the duties of a
  peace officer, as determined after satisfactory completion of a physical examination performed by a health care
  provider who is licensed by the state under Title 37 and acting within the scope of the person's licensure when
  performing the physical examination, who is not the applicant's personal health care provider, and who is
  selected by the employing authority;
          (i)      have successfully completed an oral examination conducted by the appointing authority or its
  designated representative to demonstrate the possession of communication skills, temperament, motivation,
  and other characteristics necessary to the accomplishment of the duties and functions of a peace officer;
          (j)      possess or be eligible for a valid Montana driver's license; and
          (k)      be certified or be eligible for certification as a peace officer by the council or become eligible for
  certification upon completion of the requirements contained in subsections (6) through (10).
          (3)      At the time of appointment, a peace officer shall take the formal oath of office prescribed in
  Article III, section 3, of the Montana constitution. No other oath may be required.
          (4)      Within 10 days of the appointment, termination, resignation, or death of a peace officer, written
  notice of the event must be given to the Montana public safety officer standards and training council by the
  employing authority.
          (5)      It is the duty of an appointing authority in Montana to ensure that each peace officer appointed
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68th Legislature 2023                                                                                                  HB 802.1
  under its authority has the basic training, including any training required in subsections (6) through (8), in
  addition to meeting all other requirements of peace officer certification promulgated by the Montana public
  safety officer standards and training council. Any peace officer appointed after September 30, 1983, who fails to
  meet the minimum requirements as set forth in subsection (2) or who fails to complete the basic training
  required by subsections (6) through (8) forfeits the position, authority, and arrest powers accorded a peace
  officer in this state.
           (6)       Except as provided in subsections (7) and (8), a peace officer shall successfully complete the
  peace officer basic course at the Montana law enforcement academy, as approved by the council, within 1 year
  of:
           (a)       the peace officer's initial appointment as a peace officer; or
           (b)       the peace officer's most recent appointment as a peace officer if the peace officer has had a
  break in service as a peace officer of more than 5 years.
           (7)       (a) If a peace officer previously satisfied the requirement in subsection (6), is certified or is
  eligible for certification as a peace officer in Montana or may become eligible for certification upon completion of
  the probationary period in subsection (10), and has had a break in service as a peace officer of less than 3
  years, the peace officer is not required to satisfy the requirement in subsection (6) or to attend an equivalency
  course prior to returning to work in Montana as a peace officer.
           (b)       If a peace officer previously satisfied the requirement in subsection (6), is certified or is eligible
  for certification as a peace officer in Montana or may become eligible for certification upon completion of the
  probationary period in subsection (10), and has been continuously employed as a peace officer outside of
  Montana for no more than 3 years, the peace officer is not required to satisfy the requirement in subsection (6)
  or to attend an equivalency course prior to returning to work in Montana as a peace officer.
           (c)       If a peace officer previously completed the peace officer basic course successfully, is certified
  or is eligible for certification as a peace officer in Montana or may become eligible for certification upon
  completion of the probationary period in subsection (10), and has been continuously employed as a peace
  officer outside of Montana for more than 3 years or who has had a break in service as a peace officer for more
  than 3 years but less than 5 years, the peace officer shall successfully complete the peace officer basic
  equivalency course, as approved by the council, within 1 year of the peace officer's most recent appointment as
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68th Legislature 2023                                                                                               HB 802.1
  a peace officer in Montana. If the peace officer fails the basic equivalency course, the officer shall satisfy the
  requirement in subsection (6) at the next available opportunity.
          (d)      If a person satisfied the requirement in subsection (6) prior to the person's appointment or
  employment and is hired or appointed as a peace officer more than 3 years but less than 5 years after the date
  that the person satisfied the requirement in subsection (6), the person shall successfully complete the peace
  officer basic equivalency course, as approved by the council, within 1 year of the person's most recent
  appointment or employment as a peace officer. If the person is not appointed or employed as a peace officer
  within 5 years after the date of the person's successful completion of the requirement in subsection (6), the
  person shall satisfy the requirement in subsection (6) within 1 year of the person's most recent appointment or
  employment as a peace officer in Montana.
          (8)      (a) Except as provided in subsection (8)(c), if a peace officer has successfully completed a
  peace officer basic course that is taught or approved by a federal, state, local, or United States military law
  enforcement agency, that satisfies the peace officer basic training requirement for that agency, and that the
  council has reviewed and approved as commensurate with the current peace officer basic course offered at the
  Montana law enforcement academy, the peace officer shall successfully complete the peace officer basic
  equivalency course, as approved by the council, within 1 year of the officer's initial appointment in Montana. If
  the officer fails the basic equivalency course, the officer must satisfy the requirement in subsection (6) at the
  next available opportunity.
          (b)      Except as provided in subsection (8)(c), if a peace officer has successfully completed a peace
  officer basic course that is taught or approved by a federal, state, local, or United States military law
  enforcement agency and that satisfies the peace officer basic training requirement for that agency and if that
  peace officer's combined training and experience have been reviewed and approved by the council as
  commensurate with the current peace officer basic course offered at the Montana law enforcement academy,
  the peace officer shall successfully complete the peace officer basic equivalency course, as approved by the
  council, within 1 year of the officer's initial appointment in Montana. If the officer fails the basic equivalency
  course, the officer must satisfy the requirement in subsection (6) at the next available opportunity.
          (c)      If the peace officer has had a break in service as a peace officer for more than 5 years, the
  officer shall complete the requirement of subsection (6) within 1 year of the officer's initial appointment as a
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68th Legislature 2023                                                                                              HB 802.1
  peace officer in Montana.
          (9)      The Montana public safety officer standards and training council may extend the 1-year time
  requirements of subsections (6) through (8) upon the written application of the appointing authority of the
  officer. The application must explain the circumstances that make the extension necessary. Factors that the
  council may consider in granting or denying the extension include but are not limited to illness of the peace
  officer or a member of the peace officer's immediate family, absence of reasonable access to the basic
  equivalency course, and an unreasonable shortage of personnel within the department. The council may not
  grant an extension to exceed 180 days.
          (10)     A peace officer who has successfully met the training, employment, and educational standards
  of this section, has successfully met the training and employment standards set by the council, and has
  completed a 1-year probationary term of employment must be issued a peace officer basic certificate by the
  council certifying that the peace officer has met all of the basic qualifying peace officer standards of this state.
          (11)     The Montana public safety officer standards and training council may not revoke a peace
  officer's certification solely on the basis of a peace officer's mental illness.
          (11)(12) It is unlawful for a person whose basic certification as a peace officer has been revoked or
  denied by the Montana public safety officer standards and training council for misconduct to act as a peace
  officer. It is unlawful for a person whose peace officer basic certification has been suspended by the council to
  act or be appointed or employed as a peace officer in Montana during the period in which the certification is
  suspended. A person convicted of violating this subsection is guilty of a misdemeanor, punishable by a term of
  imprisonment not to exceed 6 months in the county jail or by a fine not to exceed $500, or both."
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Statutes affected: 
HB0802_1.pdf: 7-32-303
HB0802_2.pdf: 44-4-403
Amended: 44-4-403
Introduced: 7-32-303