HELENA, Mont. (Feb. 18, 2025) – Yesterday, a Montana House committee passed a bill that would require federal government agents to notify the sheriff before making an arrest or conducting a search in a Montana county.
Lee Deming filed House Bill 439 (HB439). Under the proposed law, any federal employee or agent who is not designated a Montana peace officer by state law would be prohibited from making an arrest or conducting a search or seizure, without “providing notice of the action to the sheriff or a designee of the sheriff” of the county where the action would take place.
The bill would allow for a federal arrest or search and seizure without notice if the subject of the action is an employee of the sheriff’s office or an elected county or state officer, or if there is probable cause that the subject of the action has “close connections” with the sheriff. In these cases, the federal agent would be required to inform the state attorney general of the action.
The bill does not include any penalties for violation of the law.
On Feb. 17, the House Judiciary Committee passed HB439 by a 12-8 vote.
WHAT’S NEXT
HB439 can now move to the full House for further consideration.
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