Montana House Bill HB405

Montana 2023 Regular Session

• Introduced: 2/2/23
• Refer: 2/6/23

Caption

Constitutional amendment related to grand juries

Impact

If passed, the amendment would significantly alter the dynamics of how grand juries are convened in Montana, shifting some of the discretion from judges to the electorate. It establishes a formal route for citizens to initiate grand jury proceedings, thus increasing public influence over legal inquiries into alleged misconduct. Furthermore, the bill mandates that county attorneys must prosecute indictments handed down by grand juries and articulates penalties for failure to do so, which could introduce a new level of accountability in the prosecution process.

Summary

House Bill 405 proposes an amendment to Article II, Section 20 of the Montana Constitution, introducing a process by which a grand jury may be summoned by the electors of any county. This bill seeks to empower citizens by allowing them to petition for a grand jury investigation if they gather signatures from at least half of one percent of the registered voters in their county. The intention behind this bill is to enhance public participation in the judicial process and ensure accountability from county attorneys in prosecuting indictments issued by grand juries.

Contention

Debate surrounding HB 405 is likely to center on concerns regarding the implications of empowering the electorate to initiate grand juries. Proponents argue that this will enhance transparency and community engagement in the legal system, allowing citizens to address perceived inadequacies in prosecutorial actions. Critics, however, may contend that this could lead to misuse of the grand jury process, where individuals might mobilize petitions for politically motivated or frivolous reasons, potentially overwhelming the judicial system and eroding its integrity.