The bill revises laws related to perjury and false swearing in Montana, introducing new requirements for the investigation of credible allegations of these offenses. Specifically, it mandates that credible allegations of perjury and false swearing must be investigated by an agency other than the judiciary or an officer of the court. The bill also amends the penalties associated with these offenses, establishing mandatory minimum sentences. For perjury, the punishment is changed from imprisonment in state prison to county jail for a term of not less than six months and not more than one year, with the possibility of a fine up to $50,000. For false swearing, the bill sets a punishment of imprisonment in county jail for a term of not less than 30 days and not more than 90 days, along with a fine ranging from $500 to $1,500.

Additionally, the bill clarifies that falsification is considered material if it could have affected the outcome of a proceeding, regardless of its admissibility under evidence rules. It also specifies that a person cannot be convicted of perjury if they retract their false statement before it is exposed and before it significantly impacts the proceeding. The prosecution can proceed with charges based on inconsistent statements made under oath without needing to prove which statement was false, as long as one of them is proven to be untrue. Overall, the bill aims to strengthen the legal framework surrounding perjury and false swearing, ensuring that credible allegations are taken seriously and investigated appropriately.

Statutes affected:
LC Text: 45-7-201, 45-7-202
HB0569_1(1): 45-7-201, 45-7-202
HB0569_1: 45-7-201, 45-7-202