Montana 2023 Regular Session

Montana Senate Bill SB68

Introduced
12/13/22  
Refer
12/28/22  
Engrossed
2/14/23  
Refer
3/11/23  
Enrolled
4/7/23  

Caption

Revise laws related to coroner inquests for DOC facilities

Impact

The bill has the immediate effect of changing existing procedures for inquests by allowing peace officer coroners to manage investigations into deaths that occur while individuals are incarcerated or under police custody. Critics may argue that this could reduce objectivity in the investigations since the coroners could be closely linked to law enforcement agencies. The law aims to facilitate a more seamless process and ensure that inquests are conducted consistently across counties, but it raises concerns about transparency and impartiality.

Summary

SB68 revises laws concerning coroner inquests related to deaths occurring in prisons or correctional facilities. Specifically, it permits coroners who are also peace officers to conduct inquests for deaths that transpire in these facilities. The bill amends existing legal provisions, thus altering who is allowed to initiate and oversee these investigations. This change is important as it may affect how deaths in custody are scrutinized, making the process potentially more integrated within law enforcement frameworks.

Sentiment

The overall sentiment surrounding SB68 appears to be divided among stakeholders. Supporters, likely from law enforcement circles, argue that it streamlines inquisition processes and utilizes existing personnel effectively. Conversely, civil rights advocates and some legal experts express apprehension about the potential for conflicts of interest, suggesting that this arrangement could undermine the integrity of the investigations into custodial deaths. Therefore, the conversations highlight a tension between operational efficiency and the necessity for independent oversight.

Contention

Notable points of contention center on the independence of the inquest process. Allowing coroners who are active peace officers to oversee these sensitive investigations raises valid concerns regarding accountability and objectivity. The key argument against the bill is rooted in the fear that such oversight could lead to a lack of transparency in investigations related to deaths in custody, potentially shielding law enforcement from scrutiny. This bill is a crucial aspect of the ongoing discussion regarding how best to balance efficient law enforcement practices with the essential need for public trust and accountability.

Companion Bills

No companion bills found.

Previously Filed As

MT HB705

Revise laws related to coroner's inquests

MT HB2488

CORONERS & MEDICAL EXAMINERS

MT SB34

Revise laws related to adult protective services

MT SB6

Gen. revise laws related to conditional release of crim. commitment defendant

MT SB402

Provide relative to coroners. (8/1/14)

MT HB680

Generally revise laws related to criminal acts

MT HB112

Generally revise human trafficking laws

MT SB345

Revise sex offender laws

MT HB614

Generally revise youth court laws

MT SB470

Generally revising laws related to bail bonds

Similar Bills

No similar bills found.