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Bill to codify 'beyond a reasonable doubt' review standard for statutes draws separation-of-powers debate

House Judiciary
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Summary

House Bill 30 would require courts to treat legislative acts as presumptively constitutional, applying a 'beyond a reasonable doubt' standard when their constitutionality is challenged; proponents said it provides clarity, opponents warned it could intrude on judicial authority and limit access to relief.

House Bill 30, presented by Representative Lee Deming, would codify a presumption of constitutionality for statutes and require challengers to meet a "beyond a reasonable doubt" standard when contesting their constitutionality. The sponsor framed the proposal as a move to preserve legislative intent and consistency in judicial review.

Opponents, including the Montana Trial Lawyers Association and the…

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