****
69th Legislature 2025 HB 581.1
- 1 - Authorized Print Version – HB 581
1 HOUSE BILL NO. 581
2 INTRODUCED BY D. BAUM, B. EDWARDS, J. ISALY, M. LEE, S. KELLY, P. STRAND, B. CLOSE, A.
3 GRIFFITH, C. SPRUNGER, B. BARKER, M. THANE, D. JOY
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO OFFICERS OF THE COURT;
6 ALLOWING A POLICE CHIEF TO APPOINT A SPECIAL SERVICE OFFICER AS A COURT OFFICER;
7 REVISING THE DEFINITION OF "SPECIAL SERVICES OFFICER" TO ALLOW FOR FULL-TIME, PAID
8 OFFICERS; AND AMENDING SECTIONS 3-6-303 AND 7-32-201, MCA.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 Section 3-6-303, MCA, is amended to read:
13 "3-6-303. (1) The chief of police of the city is the executive officer of
14 the municipal court. The chief of police shall serve all process and execute all orders of the court, either in
15 person or by subordinate police officer, who shall execute process in the chief's name.
16 (2) The chief of police, with the approval of the judge, shall appoint one or more police officers, or
17 reserve officers, as defined in 7-32-201 or full-time or part-time special service officers authorized to carry a
18 firearm and acting under the supervision of the city police, as court officers, one of whom shall attend the
19 sessions of the court and perform all duties in connection with the court that the judge may require.
20 (3) For the purposes of this section, "reserve officers" and "special service officers" have the same
21 meanings as provided in 7-32-201."
22
23 Section 7-32-201, MCA, is amended to read:
24 "7-32-201.
25 (1) "Auxiliary officer" means an unsworn, part-time, volunteer member of a law enforcement
26 agency who may perform but is not limited to the performance of such functions as civil defense, search and
27 rescue, office duties, crowd and traffic control, and crime prevention activities.
28 (2) "Council" means the Montana public safety officer standards and training council established in ****
69th Legislature 2025 HB 581.1
- 2 - Authorized Print Version – HB 581
1 2-15-2029.
2 (3) "General law enforcement duties" means patrol operations performed for detection, prevention,
3 and suppression of crime and the enforcement of criminal and traffic codes of this state and its local
4 governments.
5 (4) "Law enforcement agency" means a law enforcement service provided directly by a local
6 government.
7 (5) "Law enforcement officer" means a sworn, full-time, employed member of a law enforcement
8 agency who is a peace officer, as defined in 46-1-202, and has arrest authority, as described in 46-6-210.
9 (6) "Reserve officer" means a sworn, part-time, volunteer member of a law enforcement agency or
10 a part-time, paid member of a law enforcement agency serving as a court officer as provided in 3-6-303. The
11 volunteer member or the part-time paid member is a peace officer, as defined in 46-1-202, and has arrest
12 authority, as described in 46-6-210, only when authorized to perform these functions as a representative of the
13 law enforcement agency.
14 (7) "Special services officer" means an unsworn, full-time or part-time, volunteer or paid member of
15 a law enforcement agency who may perform functions, other than general law enforcement duties, that require
16 specialized skills, training, and qualifications, who may be required to train with a firearm, and who may carry a
17 firearm while on assigned duty as provided in 7-32-239."
18 - END -