Montana 2023 Regular Session

Montana House Bill HB802

Introduced
2/23/23  
Refer
2/24/23  
Engrossed
3/3/23  
Refer
3/14/23  
Enrolled
4/17/23  

Caption

Revise laws related to POST officer certification

Impact

The revisions introduced by HB 802 may influence how mental health issues are addressed within law enforcement agencies. By preventing the automatic revocation of certification due to mental illness, the bill seeks to support the mental health and stability of peace officers, acknowledging the potential impact of mental health on their professional capabilities. This could lead to a more supportive environment for officers dealing with psychological issues, aligning certification processes with contemporary understanding of mental health.

Summary

House Bill 802 addresses the revocation of peace officer certifications by establishing that an officer's certification cannot be revoked solely based on mental illness. The bill specifically amends Montana Code Annotated Section 44-4-403, which governs the duties of the council responsible for certifying public safety officers. The change is aimed at providing additional protections for officers who may face mental health challenges, ensuring that certification decisions consider the ability to perform duties while also accommodating mental health needs.

Sentiment

The sentiment surrounding HB 802 seems largely supportive among progressive lawmakers and mental health advocates, who view it as a positive step towards destigmatizing mental health issues within law enforcement. By enshrining protections for officers, the bill is seen as a move towards ensuring that officers can seek help without fearing for their jobs. However, there may be counterarguments emphasizing the necessity for rigorous standards in law enforcement, raising concerns about public safety if mental illness is not adequately addressed in certification decisions.

Contention

Notable points of contention may arise from concerns regarding public safety and operational effectiveness. Critics might argue that allowing officers with significant mental health challenges to retain their certifications, even with reasonable accommodations, could pose a risk to the safety of the public and fellow officers. The balance between supporting officers’ mental health and maintaining public safety standards is likely to prompt robust discussions as the bill is implemented. Overall, HB 802 reflects a shift towards a more nuanced understanding of mental health in law enforcement.

Companion Bills

No companion bills found.

Previously Filed As

MT SB79

Revise laws relating to peace officer status

MT HB152

Revise laws related to professional and occupational licensure

MT HB589

Generally revise peace officer education standards

MT HB137

Generally revise laws related to the board of behavioral health

MT HB624

Revise laws related to officers of court

MT HB75

Revise public safety officer certification standards

MT SB454

Generally revise laws pertaining to private security

MT HB373

AN ACT relating to peace officer certification.

MT HB206

AN ACT relating to peace officer certification.

MT HB3746

Law enforcement officers; authorizing certain persons to apply for police officer certification; effective date.

Similar Bills

No similar bills found.