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Bill

HB 460

Amending the constitution to provide for electors of a county to call a grand jury

2025 Regular Session Introduced by Tom Millett

Failed constitutional amendment would have enabled county voters to directly convene grand juries, shifting investigative authority from judges and prosecutors to the electorate.

(H) Died in Process
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Bill Summary · HB 460

Legislative bill overview

HB 460 would have amended Montana's constitution to allow county voters to directly call a grand jury, bypassing the current system where grand juries are typically convened by judges or prosecutors. The bill died in the legislative process after failing its second reading vote on March 25, 2025, and missing subsequent procedural deadlines.

Why is this important

Grand juries serve a critical gatekeeping function in the criminal justice system by investigating potential crimes and determining whether charges should be brought. Allowing direct voter convocation would fundamentally shift power over criminal investigations from judicial and prosecutorial authorities to the electorate, potentially impacting how crimes are investigated and prosecuted in Montana counties.

Potential points of contention

  • Judicial independence concerns: Direct voter control over grand jury formation could undermine judicial independence and create political pressure to investigate particular individuals or groups
  • Prosecutorial discretion: The proposal might conflict with prosecutors' traditional role in determining investigative priorities based on available resources and evidence
  • Frivolous investigations: Citizens voting to convene grand juries could lead to costly investigations lacking merit or evidence, burdening the judicial system
  • Consistency with legal precedent: Most U.S. jurisdictions maintain professional control over grand jury convocation; this change represents a significant departure from established practice

Compiled from official sources — confirm details with the bill’s official record.

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