HB 605: Revise criminal laws related to strip searches - Montana

HB0605GovVeto.pdf → HB0605_X(8).pdf · 3 edits

MINOR

The bill text was reformatted from a veto request letter to the Governor into the official enrolled bill text. The substantive policy content remains the same: it allows strip searches for individuals held in jail or correctional facilities for more than 12 hours, requires reasonable suspicion for traffic or non-felony offenses, and mandates a $250 fee from each county to fund strip search guidelines.

Scope change

The document scope changed from a veto recommendation letter to the official enrolled bill text, but the legislative content and applicability remain unchanged.

TECHNICAL

The document was converted from a veto letter to the Governor into the official enrolled bill format, removing the letter content and adding bill certification signatures.

Official bill header information including enrolled bill certification, signatures for House and Senate, and bill introduction sponsors were added.

The veto request letter content from the Montana Sheriffs & Peace Officers Association was removed as it was not part of the final bill text.

HB0605_X(7).pdf → HB0605GovVeto.pdf · 3 edits

MINOR

The document changed from a legislative bill text to a veto request letter from the Montana Sheriffs & Peace Officers Association. The original bill text proposing strip search rules and a $250 county fee was replaced with a letter arguing the bill should be vetoed due to the fee requirement being arbitrary for counties without detention centers.

Scope change

The document type changed from a proposed law to a veto recommendation letter, removing all legislative text and adding advocacy content.

REQUIREMENT

Removed the full text of HB 605 which would have allowed strip searches for people housed in facilities for more than 12 hours and required counties to pay a $250 fee for developing search guidelines.

ENFORCEMENT

Added a veto request letter from the Montana Sheriffs & Peace Officers Association recommending the bill be vetoed.

FISCAL

Added explanation that the $250 fee requirement is problematic because it forces counties without detention centers to pay for guidelines they don't need.

HB0605_X(2).pdf → HB0605_X(3).pdf · 1 edit

MINOR

The bill amendment corrects a capitalization error in the section title, changing 'FEE' to 'fee'. This is a minor technical correction that does not alter the substantive policy or legal requirements of the legislation.

TECHNICAL

Capitalization of the word 'fee' in the section title was changed from 'FEE' to 'fee' for consistency and proper grammar.

HB0605_3(3).pdf → HB0605_X.pdf · 3 edits

MINOR

This bill was converted from a draft version to an enrolled (final) version, indicating it has been passed by both legislative chambers and signed into law. The substantive policy content regarding strip search requirements, fees, and legal amendments remains unchanged from the draft version.

TECHNICAL

The document format changed from a draft bill to an enrolled bill, adding certification signatures from legislative officers and removing draft-specific formatting markers.

Removed draft version headers and footers that indicated this was a working version of the bill.

Added enrolled bill certification section with signature lines for the Chief Clerk of the House, Speaker of the House, and President of the Senate.

HB0605_2(13).pdf → HB0605_3.pdf · 4 edits

MODERATE

This bill adds a $250 annual fee for each Montana county to fund strip search guidelines and clarifies that strip searches after 12 hours of detention must be conducted by officers of the same sex. It also updates the trigger for strip searches to apply after an initial appearance or arraignment, rather than just at the time of arrest or detention.

Scope change

The bill now applies to strip searches conducted after an initial appearance or arraignment, not only at the time of arrest or detention.

FISCAL

Added a $250 annual fee per county to fund the development of strip search guidelines by the Department of Justice.

ELIGIBILITY

Changed the trigger for strip searches from detention alone to detention following an initial appearance or arraignment.

REQUIREMENT

Added requirement that strip searches must be conducted by peace officers or law enforcement employees of the same sex as the person being searched.

DEFINITION

Clarified that strip searches do not include penetration of any body cavity.

HB0605_1(7).pdf → HB0605_2(9).pdf · 1 edit

MINOR

The bill adds a clarifying definition to specify that strip searches conducted by peace officers or law enforcement employees do not include penetration of any body cavity. This change provides clearer guidance on the limits of strip search procedures in correctional facilities.

Scope change

The scope of the strip search prohibition was clarified by adding a definition that explicitly excludes cavity penetration from what constitutes a strip search.

DEFINITION

Added a definition clarifying that strip searches do not include penetration of any body cavity when conducted by peace officers or law enforcement employees.

HB0605_2(8).pdf → HB0605_1(7).pdf · 2 edits

MINOR

The bill was renumbered from HB 605.2 to HB 605.1 and a significant portion of text was removed from Section 17 regarding strip search procedures. The deletion eliminated the detailed definition of strip searches that prohibited penetration of body cavities by peace officers or law enforcement employees.

Scope change

The scope of the strip search provision was narrowed by removing the explicit definition that prohibited body cavity penetration during strip searches conducted by peace officers or law enforcement employees.

REQUIREMENT

Removed the definition of strip search that specified it may not include penetration of any body cavity when conducted by a peace officer or law enforcement employee.

TECHNICAL

Bill renumbered from HB 605.2 to HB 605.1 with associated formatting changes.

HB0605_1(6).pdf → HB0605_2.pdf · 1 edit

MINOR

The bill adds a critical definition clarifying that strip searches conducted by peace officers or law enforcement employees cannot include penetration of any body cavity. This change strengthens protections for individuals in custody by explicitly limiting the scope of strip searches to prevent invasive procedures.

Scope change

The bill's scope regarding strip search procedures was expanded to include a specific prohibition on body cavity penetration during such searches.

DEFINITION

Added a new definition clarifying that strip searches by peace officers or law enforcement employees may not include penetration of any body cavity.

LC3019.pdf → HB0605_1.pdf · 3 edits

MINOR

The bill was renumbered from LC 3019 to HB 605.1 and updated with new primary sponsors (G. Nikolakakos, S. Kelly, S. Fitzpatrick, N. Duram). The substantive policy content of the bill remains unchanged, focusing on strip search procedures for individuals being housed in jails.

TECHNICAL

Bill number changed from LC 3019 to HB 605.1, indicating it was introduced as a House Bill rather than a Legislative Committee bill.

New primary sponsors added: G. Nikolakakos, S. Kelly, S. Fitzpatrick, and N. Duram.

Original LC 3019 header and sponsorship information removed.

Revise criminal laws related to strip searches

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