- 2025
69th Legislature 2025 HB 278
- 1 - Authorized Print Version – HB 278
ENROLLED BILL
AN ACT REQUIRINGAUTHORIZING A PEACE OFFICER TO CHECK AND REQUIRING THE PEACE
OFFICER TO REPORT THE IMMIGRATION STATUS OF A PERSON DURING A LAWFUL STOP; AND
AMENDING SECTION 46-5-401, MCA.”
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 46-5-401, MCA, is amended to read:
"46-5-401. (1) In order to obtain or verify an account of the person's
presence or conduct or to determine whether to arrest the person, a peace officer may stop any person or
vehicle that is observed in circumstances that create a particularized suspicion that the person or occupant of
the vehicle has committed, is committing, or is about to commit an offense. If the stop is for a violation under
Title 61, unless emergency circumstances exist or the officer has reasonable cause to fear for the officer's own
safety or for the public's safety, the officer shall as promptly as possible inform the person of the reason for the
stop.
(2) A peace officer who has lawfully stopped a person or vehicle under this section may:
(a) request the person's name and present address and an explanation of the person's actions
and, if the person is the driver of a vehicle, demand the person's driver's license and the vehicle's registration
and proof of insurance; and
(b) frisk the person and take other reasonably necessary steps for protection if the officer has
reasonable cause to suspect that the person is armed and presently dangerous to the officer or another person
present. The officer may take possession of any object that is discovered during the course of the frisk if the
officer has probable cause to believe that the object is a deadly weapon until the completion of the stop, at
which time the officer shall either immediately return the object, if legally possessed, or arrest the person.
(3) A peace officer who has lawfully stopped a person or vehicle under this section may make a - 2025
69th Legislature 2025 HB 278
- 2 - Authorized Print Version – HB 278
ENROLLED BILL
reasonable attempt, upon reasonable suspicion and when practicable, to determine the immigration status of
the person, except if the determination may hinder or obstruct an investigation. The peace officer shall make a
report to a federal immigration agency as defined in 27-16-801 if a person stopped under this section is not
lawfully present in the United States.
(3)(4) A peace officer acting under subsection (2) while the peace officer is not in uniform shall inform
the person as promptly as possible under the circumstances and in any case before questioning the person that
the officer is a peace officer."
- END - I hereby certify that the within bill,
HB 278, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025. HOUSE BILL NO. 278
INTRODUCED BY N. NICOL, C. SCHOMER, E. TILLEMAN, T. MANZELLA, S. GIST, L. JONES, R.
MARSHALL, A. REGIER, G. OBLANDER, L. DEMING, L. BREWSTER, G. PARRY, J. HINKLE, C.
FITZPATRICK
AN ACT AUTHORIZING A PEACE OFFICER TO CHECK AND REQUIRING THE PEACE OFFICER TO
REPORT THE IMMIGRATION STATUS OF A PERSON DURING A LAWFUL STOP; AND AMENDING
SECTION 46-5-401, MCA.