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Senate concurs on bill to allow state prosecution of crimes by noncitizens; opponents cite constitutionality and fiscal burden

2742570 · March 21, 2025
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Summary

House Bill 214, which clarifies that the state may prosecute crimes by noncitizens and requires county prosecutors to notify the attorney general when declining to prosecute certain cases, passed the Senate 31-19 after extended debate over constitutionality, administrative burden, and potential prison cost impacts.

The Montana Senate on March 21 concurred in House Bill 214, a measure that the sponsor described as clarifying the state's authority to prosecute crimes committed by noncitizens and requiring county attorneys to notify the attorney general when they decline to prosecute certain cases involving noncitizens. Senator Joe Manzella moved concurrence; the Senate voted 31 to 19 in favor.

Manzella, the floor carrier, said the bill “codifies that the state may actually prosecute illegal aliens who commit state crimes” and directs county prosecutors to inform the attorney general’s office if they choose not to…

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