Amending the constitution to provide for electors of a county to call a grand jury
Summary
HB 460 is a proposed constitutional amendment that would change Montana’s grand jury process by allowing county electors to trigger a grand jury through petition. Under the bill, if a petition is signed by 100 plus one-half of 1% of a county’s registered electors and submitted to the county election administrator, the district judge would be required to summon and impanel a grand jury. The measure is framed as expanding citizen access to grand juries and reducing the exclusive control of district judges over whether a grand jury is convened.
The bill also expands what a petition-called grand jury could do after it is impaneled. It would require the county attorney to prosecute indictments returned by that grand jury, allow the grand jury to seek assistance from the attorney general or retain a private prosecutor if necessary, and authorize the grand jury to seek court orders and hire independent counsel. The proposal would amend Article II, section 20 of the Montana Constitution, so it would not change ordinary statutes directly; instead, it would alter the constitutional framework governing criminal prosecution and grand jury authority if approved by voters in 2026.
Impact
If adopted, HB 460 would materially change Montana constitutional law by creating a new elector-initiated pathway for convening a grand jury in any county. It would limit current judicial discretion over impaneling grand juries and impose new duties on county attorneys, with potential exposure for failure to prosecute grand jury indictments. It would also authorize use of the attorney general or private prosecutors and permit grand juries to act more independently in seeking remedies and counsel, affecting county government, prosecutors, courts, and criminal procedure statewide.
Sentiment
The bill appears to have had mixed but meaningful support, with enough backing to pass the House Judiciary Committee 11-9, but not enough to advance on the House floor. The floor votes show significant division: an amendment failed 49-49, and the bill itself failed 40-59 on second reading. The overall sentiment suggests interest among supporters in expanding citizen power over grand juries, but insufficient consensus in the full House to move the proposal forward.
Contention
The main point of contention is the bill’s shift of grand jury initiation power from district judges to county electors, which opponents likely viewed as a major change to judicial and prosecutorial discretion. Another disputed issue is the bill’s requirement that county attorneys prosecute indictments and its threat of indictment for noncompliance, along with the possibility of compelling the attorney general or hiring private prosecutors at county expense. Supporters emphasized citizen oversight and access to grand juries, while opponents appeared concerned about separation of powers, prosecutorial independence, and the practical consequences of mandating grand jury action through petition.
Relating to the practice and procedures for summoning prospective grand jurors and petit jurors and the exemption of certain persons from grand jury and petit jury service.
Proposes temporary constitutional amendment to provide for State constitutional convention to reduce government spending and to reform system of property taxation.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
(Constitutional Amendment) Provides for the election of constitutional convention delegates and vote requirements necessary for the adoption of a new constitution (RR SEE FISC NOTE GF EX)
(Constitutional Amendment) Modifies disposition of certain state revenues through repeal of the Revenue Stabilization Trust Fund and deposits of certain revenue streams into the Budget Stabilization Fund (RRF INCREASE GF RV See Note)
(Constitutional Amendment) Provides relative to the application of state monies to the unfunded accrued liability of the Teachers' Retirement System of La. (EN DECREASE SD RV See Note)
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.