Montana State Legislature

HJ 43: Study of Post-Conviction Procedures and DNA Evidence

Study Background:  Montana currently has a post-conviction relief structure operated through the judicial system. Statute also allows for certain reviews when DNA evidence is discovered. Other states have instituted task forces or commissions to investigate the circumstances of a post-conviction case, the admission of new evidence, and the strength of the original trial evidence. HJ 43, sponsored by Rep. Gordon Pierson during the 2019 legislative session, requested that an interim committee study alternative methods to conduct post-conviction relief hearings and analyze whether types of evidence are equally considered when determining post-conviction relief.

After hearing from a panel of stakeholders during its November 2019 meeting, the LJIC declined to seek further information or forward any legislation related to the study to the 2021 Legislature.

Study Summary -- November 2020

HJ 43 text

Staff Reports

• Summary of Montana post-conviction relief laws -- November 2019

Other Materials

• Francis Meagher handout -- November 2019
• Tammy Plubell handout -- November 2019
• Chad Wright handout -- November 2019