Bill Summary – FastDemocracy

                                                   Unofficial Draft Copy
****                                              As of: 10/25/2024, 02:48:21
69th Legislature 2025                            Drafter: Maddie Krezowski, ****                                   LC 0023
                                                    **** BILL NO. ****
                                                  INTRODUCED BY ****
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  A BILL FOR AN ACT ENTITLED: “AN ACT RELATING TO IMMIGRATION; CREATING THE CRIME OF
  UNLAWFUL ENTRY INTO STATE; PROVIDING PENALTIES; AUTHORIZING COURT ORDERS TO
  RELOCATE TO SANCTUARY JURISDICTION; PROVIDING PENALTIES FOR FAILURE TO FOLLOW A
  COURT ORDER TO RELOCATE; AUTHORIZING THE DETENTION OF CERTAIN PERSONS;
  AUTHORIZING THE REMOVAL OF PERSONS WHO UNLAWFULLY ENTER STATE; PROVIDING
  IMMUNITY FOR PUBLIC SAFETY OFFICERS FOR CERTAIN ENFORCEMENT ACTIONS; PROVIDING
  DEFINITIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.         Unlawful entry into state. (1) A person who is an alien commits the
  offense of unlawful entry into the state if the person enters the state or attempts to enter the state without
  authority to be present in the United States.
          (2) Upon making a probable cause determination that a person committed the offense of unlawful entry
  into the state, a court may defer prosecution and order the person to relocate to a sanctuary jurisdiction.
          (3) A person convicted of the offense of unlawful entry into the state is guilty of a felony and shall be
  imprisoned in the state prison for a term of 1 year, fined in the amount of $5000, or both. In lieu of a fine or
  imprisonment, a court may order the person to relocate to a sanctuary jurisdiction.
          (4) A person who violates an order to relocate to a sanctuary jurisdiction under subsections (2) or (3)
  may be fined up to $500 per day or imprisoned in the state prison for a term of 1 year.
          (5) When a public safety officer has reasonable suspicion that a person has entered the state or
  attempted to enter the state without authority to be present in the United States, the officer may detain the
  person and contact the federal government pursuant to 8 U.S.C. 1373(c) to verify the immigration status of the
  person. If subsequent to that contact, a federal immigration agency does not take custody of or issue an
  immigration detainer request for a person without authority to be present in the United States, the officer may
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                                                     Unofficial Draft Copy
****                                               As of: 10/25/2024, 02:48:21
69th Legislature 2025                             Drafter: Maddie Krezowski, ****                                       LC 0023
  remove that person from the state pursuant to a court order issued under subsections (2) or (3).
           (6) A public safety officer acting pursuant to subsection (5) is immune from civil liability.
           (7) As used in this section, unless the context clearly indicates otherwise, the following definitions
  apply:
           (a) "Alien" means the same as defined in 8 U.S.C. 1101, as of January 1, 2023.
           (b) "Federal immigration agency" has the same meaning as provided in 27-1-801(2).
           (c) "Immigration detainer request" has the same meaning as provided in 27-1-801(2).
           (d) "Public safety officer" has the same meaning as provided in 44-4-401(2).
           (e) "Sanctuary jurisdiction" means any state or political subdivision of a state that has in effect a
  statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from:
           (i) sending, receiving, maintaining, or exchanging with any federal, state, or local government entity
  information regarding the citizenship or immigration status of any individual; or
           (ii) complying with a request lawfully made by the United States department of homeland security under
  8 U.S.C. 1226 and 1357 to comply with a detainer for, or notify about the release of, an individual.
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           NEW SECTION. Section 2.         Codification instruction. [Section 1] is intended to be codified as a new
  part of Title 45, chapter 8, and the provisions of Title 45, chapter 8, apply to [section 1].
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           NEW SECTION. Section 3.         {standard} Severability. If a part of [this act] is invalid, all valid parts that
  are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its
  applications, the part remains in effect in all valid applications that are severable from the invalid applications.
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           NEW SECTION. Section 4.         {standard} Effective date. [This act] is effective on passage and
  approval.
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