- 2025
69th Legislature 2025 HB0605.3
- 1 - Authorized Print Version – HB 605
1 HOUSE BILL NO. 605
2 INTRODUCED BY G. NIKOLAKAKOS, S. KELLY, S. FITZPATRICK, N. DURAM
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING THAT A PERSON WHO WILL BE HOUSED IN A JAIL
5 OR CORRECTIONAL FACILITY FOR MORE THAN 12 HOURS MAY BE SUBJECT TO A STRIP SEARCH;
6 PROVIDING FOR A FEE; AND AMENDING SECTION 46-5-105, MCA.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10 Section 46-5-105, MCA, is amended to read:
11 "46-5-105. FEE. (1) A Except as
12 provided in subsection (2), a person arrested or detained for a traffic offense or an offense that is not a felony
13 may not be subjected to a strip search or a body cavity search by a peace officer or law enforcement employee
14 unless there is reasonable suspicion to believe the person is concealing a weapon, contraband, or evidence of
15 the commission of a crime.
16 (2) If a person will be housed in a jail or correctional facility FOLLOWING AN INITIAL APPEARANCE OR
17 for more than 12 hours, the person may be subjected to a strip search. F
18, THE STRIP SEARCH CONDUCTED BY A PEACE OFFICER OR LAW ENFORCEMENT EMPLOYEE MAY NOT
19. T STRIP SEARCH OF THE PERSON MUST BE CONDUCTED BY A PEACE
20 SAME SEX.
21 (3) EACH COUNTY INMONTANA SHALL PAY A $250 FEE TO THE DEPARTMENT OF JUSTICE
22."
23 - END -