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 privacy. It also clarifies that criticism of court proceedings is not contempt if it alleges violations of state or federal law. Additionally, the bill introduces provisions that non-attorney laypersons cannot be held in contempt under certain circumstances and allows them to provide legal information to plaintiffs or defendants in court. The bill amends several sections of the Montana Code Annotated (MCA) to reflect these changes, including adjustments to fines for contempt and the requirement for a jury trial in specific situations.
Key amendments include a cap on fines for civil or criminal contempt at $50 per day and $500 total, with provisions for immediate hearings if a contemnor shows evidence of judicial bias or misconduct. The bill also establishes that a person charged with contempt cannot be incarcerated for more than three days without the right to request a jury trial. Furthermore, it specifies that law enforcement officers who disobey unlawful orders are not guilty of contempt and are subject to independent review. The bill 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