Senate Bill No. introduced by M. Noland aims to revise laws concerning contempt in Montana. The bill stipulates that violating a gag order is not considered contempt if the individual asserts their First Amendment rights without infringing on another's right to privacy. It also allows for criticism of court proceedings without being deemed contempt, provided the criticism is based on alleged violations of law. Additionally, the bill introduces provisions that non-attorney laypersons cannot be held in contempt under certain circumstances and can advise or provide legal information to parties in court. It mandates that individuals charged with contempt cannot be incarcerated for more than three days without the right to request a jury trial.
The bill amends several sections of the Montana Code Annotated (MCA) to reflect these changes, including adjustments to the penalties for contempt, which now limit fines to $50 per day and a total of $500, with specific exceptions for cases involving judicial misconduct. It also clarifies that law enforcement officers who disobey unlawful orders are not guilty of contempt and are subject to independent review. The bill emphasizes the importance of First Amendment rights in contempt cases and establishes a process for reviewing contempt orders that may violate these rights. The act is set to take effect immediately upon passage and approval.
Statutes affected: LC Text: 3-1-501, 3-1-511, 3-1-520, 3-1-523, 3-10-402, 3-11-303, 37-61-210, 45-7-309
SB0374_1(1): 3-1-501, 3-1-511, 3-1-520, 3-1-523, 3-10-402, 3-11-303, 37-61-210, 45-7-309
SB0374_1(2): 3-1-501, 3-1-511, 3-1-520, 3-1-523, 3-10-402, 3-11-303, 37-61-210, 45-7-309
SB0374_1(3): 3-1-501, 3-1-511, 3-1-520, 3-1-523, 3-10-402, 3-11-303, 37-61-210, 45-7-309
SB0374_1: 3-1-501, 3-1-511, 3-1-520, 3-1-523, 3-10-402, 3-11-303, 37-61-210, 45-7-309