Montana 2023 Regular Session

Montana House Bill HB746

Introduced

2/21/23

Refer

2/22/23

Caption

Create a conviction integrity unit

Impact

The bill facilitates the establishment of a commission that will review allegations of wrongful convictions, prioritizing cases where the individual is currently incarcerated for the alleged crime they claim innocence from. The commission is given the authority to investigate claims, recommend judicial reviews, and maintain transparency throughout the process with required public hearings at the conclusion of formal inquiries. This development could potentially lead to significant amendments in criminal law pertaining to wrongful convictions, emphasizing the importance of evidence-based justice.

Summary

House Bill 746 aims to establish the Montana Innocence Inquiry Commission, which will focus on investigating credible claims of factual innocence from individuals convicted of felony crimes. This initiative is rooted in the need to address post-conviction reviews of evidence that may not have been presented during the original trial or at the time of post-conviction relief hearings, supporting the notion that justice must equally serve both the innocent and guilty. The commission's creation is intended to restore public confidence in the justice system by ensuring thorough inquiries into claims of factual innocence.

Contention

While proponents of HB746 assert that the establishment of the commission is a necessary step toward correcting miscarriages of justice and preventing wrongful convictions, there may be concerns regarding how effectively the commission will operate within the existing judicial framework. Critics could argue about the potential strain on resources and the possible delays in the judicial process caused by inquiries into claims of innocence, particularly in an already burdened legal system. The effectiveness of this commission in addressing and remedying wrongful convictions will largely depend on its implementation and the resources allocated to its work.

Latest HB746 Activity

Companion Bills

No companion bills found.

Previously Filed As

MT S07502

Establishes conviction integrity units; describes conviction integrity units; creates definitions; provides that a prosecution agency may create a conviction integrity unit to review convictions; provides that a conviction integrity unit may make recommendations for changes in convictions and sentences obtained by the prosecution agency; grants the prosecution agency discretion regarding the conviction integrity unit's recommendations; requires notice to the victim if a petition is filed by the prosecution agency; gives the superior court the discretion to provide relief.