Montana House committee backs tougher penalties, mandatory investigations for perjury and false swearing

The Montana House committee recommended passage of House Bill 569, a measure that would raise penalties for perjury and change how credible allegations of perjury and false swearing are investigated.

Sponsor Representative Klacken said the measure responds to instances in which witnesses or affidavit authors provide false statements with no apparent consequences. “When a person is convicted of perjury shall be punished by imprisonment in the state prison for a term not less than six months or more than 10 years,” Klacken said, reading the bill language as introduced. The bill would also revise penalties for false swearing in affidavits, including a county-jail term and a possible fine.

Representative Reves urged a no vote because of fiscal and free-speech concerns, saying the fiscal note understates costs tied to longer prison terms. “According to the best data that I could find, incarceration in the state prison is a hundred and $12 per day. That works out to about $20,000 for a six-month minimum,” Reves said, warning that adding minimum prison terms would increase state corrections costs and limit judicial flexibility.

Supporters including Representative Overstreet, a civil-practice attorney, said perjury and false swearing cause real economic and personal harm. “I see perjury and false swearing just about every day in my civil practice,” Overstreet said in committee remarks, urging passage.

The committee recorded a recommendation of do pass; the clerk reported a committee vote of 71 in favor and 28 opposed. The bill’s sponsor said credible allegations must be investigated by an agency other than the judiciary and that mandatory penalties are intended to deter willful lying under oath.

What the bill says and what lawmakers debated - Perjury: sponsor language would create a mandatory sentencing floor for a conviction (six months to 10 years in state prison as read by sponsor in committee). Representative Klacken said the mandatory minimum emphasizes the seriousness of knowingly giving false testimony. - False swearing (affidavits): sponsor described proposed county jail time (30–90 days) and potential fines for convictions. - Investigations: the bill would require that credible allegations of perjury or false swearing be investigated by an agency other than the judiciary.

Concerns raised - Cost: opponents warned the bill’s minimum sentencing could increase corrections spending and that fiscal estimates in the committee materials may not reflect amendments. - Free-speech and prosecutorial risk: some members said perjury prosecutions can raise constitutional issues and that expanding mandatory minimums could affect plea bargaining and judicial discretion.

Next steps The committee reported the bill favorably and it will move forward in the House process for further consideration and potential amendments. The clerk recorded the committee recommendation as 71 yes, 28 no.