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69th Legislature 2025 HB 710.1
- 1 - Authorized Print Version – HB 710
1 HOUSE BILL NO. 710
2 INTRODUCED BY K. LOVE, L. SCHUBERT, M. VINTON, E. BYRNE, R. GREGG, T. MANZELLA, N. NICOL,
3 P. FIELDER, B. MITCHELL, Z. WIRTH, S. MANESS
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO THE JUDICIARY;
6 ALLOWING A SUPREME COURT JUSTICE OR DISTRICT COURT JUDGE TO ISSUE SUBPOENAS
7 REQUESTED BY AN INTERNET CRIMES AGAINST CHILDREN TASK FORCE OFFICER; ALLOCATING
8 THE JUDICIAL STANDARDS COMMISSION TO THE DEPARTMENT OF JUSTICE FOR ADMINISTRATIVE
9 PURPOSES; PROHIBITING A JUDGE ON THE JUDICIAL STANDARDS COMMISSION FROM SERVING AS
10 PRESIDING OFFICER OF THE COMMISSION; ESTABLISHING THE BURDEN OF PROOF FOR A CLAIM
11 THAT A LEGISLATIVE ACT VIOLATES THE MONTANA CONSTITUTION; PROVIDING A DEFINITION;
12 AMENDING SECTIONS 3-1-1101 AND 3-2-701, MCA; AND PROVIDING EFFECTIVE DATES.”
13
14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
15
16 NEW SECTION. Section 1. (1) When an
17 internet crimes against children task force officer has a duty to investigate an offense that involves the sexual
18 exploitation of a minor, a justice of the supreme court or a district court judge of this state may cause
19 subpoenas to be issued commanding the persons to whom they are directed to appear before the internet
20 crimes against children task force officer and give testimony and produce books, records, papers, documents,
21 and other objects as may be necessary and proper to the investigation.
22 (2) A subpoena under this section may be issued only when it relates to an investigation of an
23 offense that involves the sexual exploitation of a minor and it appears on the affidavit of the internet crimes
24 against children task force officer that the administration of justice requires it to be issued.
25 (3) A subpoena under this section may require the production of the following records or other
26 documentation relevant to the investigation:
27 (a) name of an account holder;
28 (b) billing and service address; ****
69th Legislature 2025 HB 710.1
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1 (c) electronic mail address;
2 (d) internet user name;
3 (e) telephone number;
4 (f) internet protocol address;
5 (g) account status;
6 (h) source of payment for the service, including a credit card or bank account number;
7 (i) method of access to the internet; and
8 (j) automatic number identification records, if internet access is by modem.
9 (4) For the purposes of this section, "internet crimes against children task force officer" means a
10 peace officer, as defined in 45-2-101, who is assigned to the internet crimes against children task force that is
11 located in the state and recognized by the United States department of justice.
12
13 Section 3-1-1101, MCA, is amended to read:
14 "3-1-1101. (1) There is created a judicial
15 standards commission consisting of five members as follows:
16 (a) two district court judges appointed by the speaker of the house as provided in 3-1-1115 and
17 confirmed by the senate;
18 (b) one attorney who has practiced law in this state for at least 10 years, appointed by the attorney
19 general and confirmed by the senate; and
20 (c) two citizens who are not attorneys or judges of any court, active or retired, appointed by the
21 governor and confirmed by the senate.
22 (2) Members shall serve staggered 4-year terms.
23 (3) The judicial standards commission is allocated to the department of justice for administrative
24 purposes only as prescribed in 2-15-121. However, the commission may hire its own personnel, and 2-15-
25 121(2)(d) does not apply.
26 (4) The judicial standards commission shall exercise its functions independently of the department
27 and without approval or control of the department.
28 (5) A district court judge may not serve as the presiding officer of the commission." ****
69th Legislature 2025 HB 710.1
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1
2 Section 3-2-701, MCA, is amended to read:
3 "3-2-701. (1) The supreme court of this
4 state shall have the power to may regulate the pleading, practice, and procedure, and the forms thereof of
5 these, in civil actions in all courts of this state by rules promulgated by it the supreme court from time to time for
6 the purpose of simplifying judicial proceedings in the courts of Montana and for promoting the speedy
7 determination of litigation upon on its merits. Such The rules shall may not abridge, enlarge, or modify the
8 substantive rights of any litigant and shall may not be inconsistent with the constitution of the state of Montana.
9 (2) Except in cases in which the state constitution explicitly mandates a different standard of
10 review, if in a proceeding before a Montana court a party challenges a state legislative act as violative of the
11 state constitution, the supreme court shall uphold the legislative act unless the challenger demonstrates that the
12 legislative act is unconstitutional beyond a reasonable doubt."
13
14 NEW SECTION. Section 4. [Section 1] is intended to be codified as an
15 integral part of Title 46, chapter 4, and the provisions of Title 46, chapter 4, apply to [section 1].
16
17 NEW SECTION. Section 5. If a part of [this act] is invalid, all valid parts that are
18 severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
19 the part remains in effect in all valid applications that are severable from the invalid applications.
20
21 NEW SECTION. Section 6. (1) Except as provided in subsections (2) and (3), [this
22 act] is effective October 1, 2025.
23 (2) [Section 1] and this section are effective on passage and approval.
24 (3) [Section 2] is effective July 1, 2025.
25 - END -