September 29-October 5, 2016
Ringing in the fall season
Tony Flowers takes his go at the horseshoe competition at the annual Helmville Turkey Shoot on Sunday. Photo by Emily Petrovski.
Deputies run after suspect
by Emily Petrovski
Granite and Powell County Deputies chased down a suspect on Saturday.
“Those are my guys that can run,” Granite County Sheriff Scott Dunkerson told the Philipsburg Mail.
The arrest was made in conjunction with Montana Highway Patrol and the apprehended is a kidnapping suspect who was caught at the Drummond Fairgrounds on Friday.
Zephariah Nathaniel Segress 19, led officers on a foot pursuit from Mullan Road to the fairgrounds after being located in the Drummond area by a Highway Patrol Officer.
Titans and Trojans will grapple with injury of star
by Tim Allen
Throw a rock into a pond and after breaking the surface, concentric waves ripple away from its point of impact. No matter where it lands, all of the water is affected to some degree.
The Flint Creek Titans had a boulder tossed in their collective waters at the end of their season-opening win against Twin Bridges August 26. That boulder came in the form of a torn ACL (anterior cruciate ligament) to star player, junior Mark Estes.
He was by no means the ‘whole team,’ but anyone who has a hand in six scores opening night will certainly leave a hole when suddenly not part of the roster.
The question is: How does one respond to that circumstance?
Motorists near Maxville will move a little slower on highway
by Emily Petrovski
In the space of seven-tenths of a mile there are seven named roads and eight private drives that enter onto the 70 mph highway near Maxville.
“There have been a lot of close calls,” Granite County Disaster and Emergency Services Coordinator Henry Barsotti told the Mail.
Earlier this year in February someone was hit trying to enter the Highway, Barsotti said.
After appealing to the Highway Commission last Thursday, September 22, Barsotti convinced the board to lower the speed limit in that stretch of Highway 1 in Maxville.
Death notices
Milton Gottlieb
October 9, 1929 - September 23, 2016
PhDr. Milton (Michael) Gottlieb, 86, died Friday, September 23, 2016, at his home in Danville, CA. Michael was born on October 9, 1929 in Philadelphia, PA. He was married to Gaye (Page) Gottlieb, formerly of Philipsburg. He spent his life helping others and was a retired general surgeon. Arrangements are under the care of Grissom's Cremation & Burial in San Ramon, CA. No services are planned at this time.
Tony Flowers takes his go at the horseshoe competition at the annual Helmville Turkey Shoot on Sunday. Photo by Emily Petrovski.
Deputies run after suspect
by Emily Petrovski
Granite and Powell County Deputies chased down a suspect on Saturday.
“Those are my guys that can run,” Granite County Sheriff Scott Dunkerson told the Philipsburg Mail.
The arrest was made in conjunction with Montana Highway Patrol and the apprehended is a kidnapping suspect who was caught at the Drummond Fairgrounds on Friday.
Zephariah Nathaniel Segress 19, led officers on a foot pursuit from Mullan Road to the fairgrounds after being located in the Drummond area by a Highway Patrol Officer.
Titans and Trojans will grapple with injury of star
by Tim Allen
Throw a rock into a pond and after breaking the surface, concentric waves ripple away from its point of impact. No matter where it lands, all of the water is affected to some degree.
The Flint Creek Titans had a boulder tossed in their collective waters at the end of their season-opening win against Twin Bridges August 26. That boulder came in the form of a torn ACL (anterior cruciate ligament) to star player, junior Mark Estes.
He was by no means the ‘whole team,’ but anyone who has a hand in six scores opening night will certainly leave a hole when suddenly not part of the roster.
The question is: How does one respond to that circumstance?
Motorists near Maxville will move a little slower on highway
by Emily Petrovski
In the space of seven-tenths of a mile there are seven named roads and eight private drives that enter onto the 70 mph highway near Maxville.
“There have been a lot of close calls,” Granite County Disaster and Emergency Services Coordinator Henry Barsotti told the Mail.
Earlier this year in February someone was hit trying to enter the Highway, Barsotti said.
After appealing to the Highway Commission last Thursday, September 22, Barsotti convinced the board to lower the speed limit in that stretch of Highway 1 in Maxville.
Death notices
Milton Gottlieb
October 9, 1929 - September 23, 2016
PhDr. Milton (Michael) Gottlieb, 86, died Friday, September 23, 2016, at his home in Danville, CA. Michael was born on October 9, 1929 in Philadelphia, PA. He was married to Gaye (Page) Gottlieb, formerly of Philipsburg. He spent his life helping others and was a retired general surgeon. Arrangements are under the care of Grissom's Cremation & Burial in San Ramon, CA. No services are planned at this time.
Legals -------------------------------
NOTICE OF CLOSE OF REGISTRATION
13-2-301, MCA
Notice is hereby given that regular* registration for the General Election to be held on November 8, 2016, will close at 5:00 p.m., on October 11, 2016.
*NOTE: If you miss this regular registration deadline, you may still register for the election by showing up at the county election office up to and including on Election Day. Between noon and the close of business on the day before Election Day, you can drop off a late voter registration card, but you will need to return to the local election office on Election Day to pick up and vote a ballot.
All active and inactive electors of Granite County are entitled to vote at said election. Persons who wish to register and who are not presently registered may do so by requesting a form for registration by mail or by appearing before the County Election Administrator. Inactive electors may reactivate by appearing at the polling place in order to vote, by requesting an absentee ballot in any election, or by notifying the County Election Administrator in writing of the elector’s current residence in the County.
If you have moved, please have your registration transferred to your present address.
DATED this 22th day of September, 2016.
Granite County
Blanche McLure, Election Administrator
By: Blanche McLure
Granite County Elections
Published in the Philipsburg Mail
Sept. 22, 29, Oct. 6 of 2016 #2693
James P. O’Brien
O’BRIEN LAW OFFICE, P.C.
212 West Spruce Street, P.O. Box 7936
Missoula, MT 59807-7936
Telephone: (406) 721-0660
Facsimile: (406) 721-0664
info@obrienlegalservices.com
MONTANA THIRD JUDICIAL DISTRICT COURT, GRANITE COUNTY
IN RE THE ESTATE OF
DANIEL LOUIS CAPLIS,
Deceased.
Probate No. DP-16-9
NOTICE TO CREDITORS
NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the decedent are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred.
Claims must either be mailed to Thomas J. Caplis the Personal Representative, return receipt requested, at O’Brien Law Office, P.C., P.O. Box 7936, Missoula, Montana 59807-7936, or filed with the Clerk of the above Court.
DATED this 23rd day of September, 2016 /s/Thomas J. Caplis, Personal Representative
16209 SE 173rd Place
Renton, WA 98058
By: Jennifer Lanier, Paralegal
O’Brien Law Office, P. C.
Published in the Philipsburg Mail
Sept. 29, Oct. 6, 13 of 2016 #2699
Notice
Montana Third Judicial District Court
Granite County
In the Matter of the Name Change of Janice Nanette Whittlesey:
Janice Nanette Whittlesey, Petitioner
Cause No: DV-16-26
Notice of Hearing on Name Change
This is notice that Petitioner has asked the District Court for a change of name from Janice Nanette Whittlesey to Janiece Nannette Whittlesey. The hearing will be on October 20, 2016 at 10:00am. The hearing will be at the Courthouse in Granite County.
September 16, 2016,
Marianne Hamilton,
Deputy Clerk of Court
By: Janice Nanette Whittlesey,
Petitioner
Published in the Philipsburg Mail
Sept. 22, 29, Oct. 6, 13 of 2016 #2695
Notice
Montana Third Judicial District Court
Granite County
In the Matter of the Name Change of Matthew Ryan Kleindorfer:
Matthew Ryan Kleindorfer, Petitioner
Cause No: DV-16-25
Notice of Hearing on Name Change
This is notice that Petitioner has asked the District Court for a change of name from Matthew Ryan Kleindorfer to Matthew Ryan Von Kleindorfer. The hearing will be on October 20, 2016 at 10:00am. The hearing will be at the Courthouse in Granite County.
September 16, 2016,
Carol Bohrnsen,
Clerk of District Court
By: Matthew Ryan Kleindorfer,
Petitioner
Published in the Philipsburg Mail
Sept. 22, 29, Oct. 6, 13 of 2016 #2696
Notice
Montana Third Judicial District Court
Granite County
In the Matter of the Name Change of RomNee Keanah Vushon:
RomNee Keanah Vushon, Petitioner
Cause No: DV-16-24
Notice of Hearing on Name Change
This is notice that Petitioner has asked the District Court for a change of name from RomNee Keanah Vushon to RomNee Keanah Von Kleindorfer. The hearing will be on October 20, 2016 at 10:00am. The hearing will be at the Courthouse in Granite County.
September 16, 2016,
Carol Bohrnsen,
Clerk of District Court
By: RomNee Keanah Vushon,
Petitioner
Published in the Philipsburg Mail
Sept. 22, 29, Oct. 6, 13 of 2016 #2697
NOTICE TO BID
Please be advised that Granite County, a political subdivision of the state of Montana, is now accepting formal, written bids for a new boiler system with professional installation of the new boilers at the Granite County Courthouse located at 220 North Sansome Street, Philipsburg, Montana 59858. For specifications and information regarding this specific project, please contact Granite County’s liaison, Janeen Bonney at telephone number, 406-859-7112 or in person during normal business hours at the Granite County Courthouse, P.O. Box 925 (mailing address), 220 North Sansome Street (physical address), Philipsburg, MT 59858. The monetary cost for the entire new boiler system project to be completed must be stated within the sealed, typed bid. The lowest, responsible bidder will be awarded the project upon a written agreement being negotiated and agreed upon. This public work’s contract shall include proof of workers’ compensation and employers’ liability insurance. The bidder, who is awarded the project, must be properly insured ($1.5 million aggregate liability insurance) and must be willing to post a performance bond for the full amount of the project. All applicable prevailing wage laws must be followed by the contracting bidder. In this public works contracts, at least $1,000 and must be withheld until termination of the contract pursuant to MCA Section 18-2-404. Also, the County must withhold 1% of the gross receipts from the contractors for remission to the Montana Department of Revenue under the Contractor Gross Receipts License pursuant to MCA Section 15-50-205. All such public works contracts must provide that the contractor hire on the basis of merit and qualifications, and may not discriminate on the basis of race, religion, creed, gender, age, and the like pursuant to MCA Section 39-3-207. The sealed bids must be received by Granite County, c/o Janeen Bonney, 220 North Sansome Street, P.O. Box 925, Philipsburg, Montana 59858 by 5:00 pm MDT on October 17, 2016. The sealed bids will be opened in a public meeting before the Board of Granite County Commissioners on Tuesday, October 18, 2016 at 11:00 a.m. local time.
Dated this 20th day of September, 2016.
Barton C. Bonney, Chairperson
Board of Granite County Commissioners
By: Mike Kahoe
Granite County Commissioners
Published in the Philipsburg Mail
Sept. 29, Oct. 6 of 2016 #2698
PHILIPSBURG TOWN COUNCIL MEETING
OCTOBER 4TH, 2016 7:00 P.M.
Philipsburg Town Hall
Cathy Smith - Octoberfest
Minutes of Prior Meetings, Payroll and Bills Payable, Water and Sewer Adjustments, Project Request Payments, Financials
STANDING REPORTS
Sheriff
Town Clerk
Director of Public Works
Town Attorney
County Planning Board
Library Board
Fire Department
Study Commission
OLD BUSINESS
County Lease Agreeement
NEW BUSINESS
Council Compensation
NON AGENDA ITEMS
Council
Public Comment on Matters within the Town Council’s Jurisdiction
ADJOURN
By: Reed Speegle
Town of Philipsburg
Published in the Philipsburg Mail
September 29 of 2016 #2704
Granite County Planning Board
MEETING AGENDA
October 6, 2016 6:00 p.m. Courthouse Courtroom
220 N. Sansome Street, Philipsburg
1. Call to Order
2. Pledge of Allegiance
3. County Road
A. Recommendation on Accepting Portions of Roads in Denton’s Point as County Roads
4. Minutes
A. July 7, 2016
5. Public Comment
6. Miscellaneous
7. Adjourn
By: Linda Bouck
Granite County Planning Board
Published in the Philipsburg Mail
Sept. 29, Oct. 6 of 2016 #2701
The following is the complete text of an amendment to the Montana Constitution that will be submitted to the voters of the state of Montana at the November 8, 2016 General Election. The text of the amendment below is being published under the authority of Section 13-27-311, Montana Code Annotated. To review the ballot language of the constitutional amendment, please refer to the Voter Information Pamphlet or the Secretary of State Office website at sos.mt.gov/elections. Questions can be emailed to SOSElections@mt.gov, or you may contact us by phone at the toll free number 1-888-884-8683 (VOTE).
THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 116 (CI-116)
WHEREAS, the People of the State of Montana find that a crime victim in Montana is entitled to enhanced, specific, and meaningful rights to participate in criminal and youth court proceedings and enact the following new section of Article II of The Constitution of the State of Montana. The section is named for a noted victim of crime, Marsy, in whose name many states have enacted comparable reforms.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Article II of The Constitution of the State of Montana is amended by adding a new section 36 that reads:
Section 36. Rights of crime victims. (1) To preserve and protect a crime victim’s right to justice, to ensure a crime victim has a meaningful role in criminal and juvenile justice systems, and to ensure that a crime victim’s rights and interests are respected and protected by law in a manner no less vigorous than the protections afforded to a criminal defendant and a delinquent youth, a crime victim has the following rights, beginning at the time of victimization:
(a) to due process and to be treated with fairness and respect for the victim’s dignity;
(b) to be free from intimidation, harassment, and abuse;
(c) to be reasonably protected from the accused and any person acting on the accused’s behalf;
(d) to have the victim’s safety and welfare considered when setting bail and making release decisions;
(e) to prevent the disclosure of information that could be used to locate or harass the victim or that contains confidential or privileged information about the victim;
(f) to privacy, including the right to refuse an interview, deposition, or other discovery request and to set reasonable conditions on the conduct of any interaction to which the victim consents;
(g) to receive reasonable, accurate, and timely notice of and to be present at all proceedings involving the criminal conduct, plea, sentencing, adjudication, disposition, release, or escape of the defendant or youth accused of delinquency and any proceeding implicating the rights of the victim;
(h) to be promptly notified of any release or escape of the accused;
(i) to be heard in any proceeding involving the release, plea, sentencing, disposition, adjudication, or parole of the defendant or youth accused of delinquency and any proceeding implicating the rights of the victim;
(j) to confer with the prosecuting attorney;
(k) to provide information regarding the impact the offender’s conduct had on the victim for inclusion in the presentence or predisposition investigation report and to have the information considered in any sentencing or disposition recommendations submitted to the court;
(l) to receive a copy of any presentence report and any other report or record relevant to the exercise of a right of the victim, except for those portions made confidential by law;
(m) to the prompt return of the victim’s property when no longer needed as evidence in the case;
(n) to full and timely restitution. All money and property collected from a person who has been ordered to make restitution must be applied first to the restitution owed to the victim before paying any amounts owed to the government.
(o) to proceedings free from unreasonable delay and to a prompt and final conclusion of the case and any related postjudgment proceedings;
(p) to be informed of the conviction, sentence, adjudication, place and time of incarceration, or other disposition of the offender, including any scheduled release date, actual release date, or escape;
(q) to be informed of clemency and expungement procedures; to provide information to the Governor, the court, any clemency board, or any other authority and to have that information considered before a decision is made; and to be notified of any decision before the release of the offender; and
(r) to be informed of the above rights and to be informed that the victim may seek the advice and assistance of an attorney with respect to the above rights. This information must be made available to the general public and provided to all crime victims on what is referred to as a Marsy’s card.
(2) A victim, the victim’s attorney, the victim’s legal representative, or the prosecuting attorney at the request of the victim may assert and seek enforcement of the rights enumerated in this section and any other right afforded to the victim by law in any trial or appellate court or any other authority with jurisdiction over the case as a matter of right. The court or other authority shall act promptly on the request, affording a remedy by due course of law for the violation of any right. The reasons for any decision regarding disposition of a victim’s right must be clearly stated on the record.
(3) This section may not be construed to deny or disparage other rights possessed by victims. This section applies to criminal and youth court proceedings, is self-executing, and requires no further action by the Legislature.
(4) As used in this section, the following definitions apply:
(a) “Crime” means an act defined as a felony, misdemeanor, or delinquency under state law.
(b) “Victim” means a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime.
(i) The term includes:
(A) a spouse, parent, grandparent, child, sibling, grandchild, or guardian of the victim;
(B) a person with a relationship to the victim that is substantially similar to a relationship described in subsection (4)(b)(i)(A); and
(C) a representative of a victim who is a minor or who is deceased, incompetent or incapacitated.
(ii) The term does not include the accused or a person who the court believes would not act in the best interests of a minor or of a victim who is deceased, incompetent or incapacitated.
By: Kev Campbell, MNA Bus. Develop. Mgr
MT Secretary of State Legal Notice
Published in the Philipsburg Mail
Sept. 29, Oct. 6, 20, 27 of 2016 #2703
13-2-301, MCA
Notice is hereby given that regular* registration for the General Election to be held on November 8, 2016, will close at 5:00 p.m., on October 11, 2016.
*NOTE: If you miss this regular registration deadline, you may still register for the election by showing up at the county election office up to and including on Election Day. Between noon and the close of business on the day before Election Day, you can drop off a late voter registration card, but you will need to return to the local election office on Election Day to pick up and vote a ballot.
All active and inactive electors of Granite County are entitled to vote at said election. Persons who wish to register and who are not presently registered may do so by requesting a form for registration by mail or by appearing before the County Election Administrator. Inactive electors may reactivate by appearing at the polling place in order to vote, by requesting an absentee ballot in any election, or by notifying the County Election Administrator in writing of the elector’s current residence in the County.
If you have moved, please have your registration transferred to your present address.
DATED this 22th day of September, 2016.
Granite County
Blanche McLure, Election Administrator
By: Blanche McLure
Granite County Elections
Published in the Philipsburg Mail
Sept. 22, 29, Oct. 6 of 2016 #2693
James P. O’Brien
O’BRIEN LAW OFFICE, P.C.
212 West Spruce Street, P.O. Box 7936
Missoula, MT 59807-7936
Telephone: (406) 721-0660
Facsimile: (406) 721-0664
info@obrienlegalservices.com
MONTANA THIRD JUDICIAL DISTRICT COURT, GRANITE COUNTY
IN RE THE ESTATE OF
DANIEL LOUIS CAPLIS,
Deceased.
Probate No. DP-16-9
NOTICE TO CREDITORS
NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the decedent are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred.
Claims must either be mailed to Thomas J. Caplis the Personal Representative, return receipt requested, at O’Brien Law Office, P.C., P.O. Box 7936, Missoula, Montana 59807-7936, or filed with the Clerk of the above Court.
DATED this 23rd day of September, 2016 /s/Thomas J. Caplis, Personal Representative
16209 SE 173rd Place
Renton, WA 98058
By: Jennifer Lanier, Paralegal
O’Brien Law Office, P. C.
Published in the Philipsburg Mail
Sept. 29, Oct. 6, 13 of 2016 #2699
Notice
Montana Third Judicial District Court
Granite County
In the Matter of the Name Change of Janice Nanette Whittlesey:
Janice Nanette Whittlesey, Petitioner
Cause No: DV-16-26
Notice of Hearing on Name Change
This is notice that Petitioner has asked the District Court for a change of name from Janice Nanette Whittlesey to Janiece Nannette Whittlesey. The hearing will be on October 20, 2016 at 10:00am. The hearing will be at the Courthouse in Granite County.
September 16, 2016,
Marianne Hamilton,
Deputy Clerk of Court
By: Janice Nanette Whittlesey,
Petitioner
Published in the Philipsburg Mail
Sept. 22, 29, Oct. 6, 13 of 2016 #2695
Notice
Montana Third Judicial District Court
Granite County
In the Matter of the Name Change of Matthew Ryan Kleindorfer:
Matthew Ryan Kleindorfer, Petitioner
Cause No: DV-16-25
Notice of Hearing on Name Change
This is notice that Petitioner has asked the District Court for a change of name from Matthew Ryan Kleindorfer to Matthew Ryan Von Kleindorfer. The hearing will be on October 20, 2016 at 10:00am. The hearing will be at the Courthouse in Granite County.
September 16, 2016,
Carol Bohrnsen,
Clerk of District Court
By: Matthew Ryan Kleindorfer,
Petitioner
Published in the Philipsburg Mail
Sept. 22, 29, Oct. 6, 13 of 2016 #2696
Notice
Montana Third Judicial District Court
Granite County
In the Matter of the Name Change of RomNee Keanah Vushon:
RomNee Keanah Vushon, Petitioner
Cause No: DV-16-24
Notice of Hearing on Name Change
This is notice that Petitioner has asked the District Court for a change of name from RomNee Keanah Vushon to RomNee Keanah Von Kleindorfer. The hearing will be on October 20, 2016 at 10:00am. The hearing will be at the Courthouse in Granite County.
September 16, 2016,
Carol Bohrnsen,
Clerk of District Court
By: RomNee Keanah Vushon,
Petitioner
Published in the Philipsburg Mail
Sept. 22, 29, Oct. 6, 13 of 2016 #2697
NOTICE TO BID
Please be advised that Granite County, a political subdivision of the state of Montana, is now accepting formal, written bids for a new boiler system with professional installation of the new boilers at the Granite County Courthouse located at 220 North Sansome Street, Philipsburg, Montana 59858. For specifications and information regarding this specific project, please contact Granite County’s liaison, Janeen Bonney at telephone number, 406-859-7112 or in person during normal business hours at the Granite County Courthouse, P.O. Box 925 (mailing address), 220 North Sansome Street (physical address), Philipsburg, MT 59858. The monetary cost for the entire new boiler system project to be completed must be stated within the sealed, typed bid. The lowest, responsible bidder will be awarded the project upon a written agreement being negotiated and agreed upon. This public work’s contract shall include proof of workers’ compensation and employers’ liability insurance. The bidder, who is awarded the project, must be properly insured ($1.5 million aggregate liability insurance) and must be willing to post a performance bond for the full amount of the project. All applicable prevailing wage laws must be followed by the contracting bidder. In this public works contracts, at least $1,000 and must be withheld until termination of the contract pursuant to MCA Section 18-2-404. Also, the County must withhold 1% of the gross receipts from the contractors for remission to the Montana Department of Revenue under the Contractor Gross Receipts License pursuant to MCA Section 15-50-205. All such public works contracts must provide that the contractor hire on the basis of merit and qualifications, and may not discriminate on the basis of race, religion, creed, gender, age, and the like pursuant to MCA Section 39-3-207. The sealed bids must be received by Granite County, c/o Janeen Bonney, 220 North Sansome Street, P.O. Box 925, Philipsburg, Montana 59858 by 5:00 pm MDT on October 17, 2016. The sealed bids will be opened in a public meeting before the Board of Granite County Commissioners on Tuesday, October 18, 2016 at 11:00 a.m. local time.
Dated this 20th day of September, 2016.
Barton C. Bonney, Chairperson
Board of Granite County Commissioners
By: Mike Kahoe
Granite County Commissioners
Published in the Philipsburg Mail
Sept. 29, Oct. 6 of 2016 #2698
PHILIPSBURG TOWN COUNCIL MEETING
OCTOBER 4TH, 2016 7:00 P.M.
Philipsburg Town Hall
Cathy Smith - Octoberfest
Minutes of Prior Meetings, Payroll and Bills Payable, Water and Sewer Adjustments, Project Request Payments, Financials
STANDING REPORTS
Sheriff
Town Clerk
Director of Public Works
Town Attorney
County Planning Board
Library Board
Fire Department
Study Commission
OLD BUSINESS
County Lease Agreeement
NEW BUSINESS
Council Compensation
NON AGENDA ITEMS
Council
Public Comment on Matters within the Town Council’s Jurisdiction
ADJOURN
By: Reed Speegle
Town of Philipsburg
Published in the Philipsburg Mail
September 29 of 2016 #2704
Granite County Planning Board
MEETING AGENDA
October 6, 2016 6:00 p.m. Courthouse Courtroom
220 N. Sansome Street, Philipsburg
1. Call to Order
2. Pledge of Allegiance
3. County Road
A. Recommendation on Accepting Portions of Roads in Denton’s Point as County Roads
4. Minutes
A. July 7, 2016
5. Public Comment
6. Miscellaneous
7. Adjourn
By: Linda Bouck
Granite County Planning Board
Published in the Philipsburg Mail
Sept. 29, Oct. 6 of 2016 #2701
The following is the complete text of an amendment to the Montana Constitution that will be submitted to the voters of the state of Montana at the November 8, 2016 General Election. The text of the amendment below is being published under the authority of Section 13-27-311, Montana Code Annotated. To review the ballot language of the constitutional amendment, please refer to the Voter Information Pamphlet or the Secretary of State Office website at sos.mt.gov/elections. Questions can be emailed to SOSElections@mt.gov, or you may contact us by phone at the toll free number 1-888-884-8683 (VOTE).
THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 116 (CI-116)
WHEREAS, the People of the State of Montana find that a crime victim in Montana is entitled to enhanced, specific, and meaningful rights to participate in criminal and youth court proceedings and enact the following new section of Article II of The Constitution of the State of Montana. The section is named for a noted victim of crime, Marsy, in whose name many states have enacted comparable reforms.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Article II of The Constitution of the State of Montana is amended by adding a new section 36 that reads:
Section 36. Rights of crime victims. (1) To preserve and protect a crime victim’s right to justice, to ensure a crime victim has a meaningful role in criminal and juvenile justice systems, and to ensure that a crime victim’s rights and interests are respected and protected by law in a manner no less vigorous than the protections afforded to a criminal defendant and a delinquent youth, a crime victim has the following rights, beginning at the time of victimization:
(a) to due process and to be treated with fairness and respect for the victim’s dignity;
(b) to be free from intimidation, harassment, and abuse;
(c) to be reasonably protected from the accused and any person acting on the accused’s behalf;
(d) to have the victim’s safety and welfare considered when setting bail and making release decisions;
(e) to prevent the disclosure of information that could be used to locate or harass the victim or that contains confidential or privileged information about the victim;
(f) to privacy, including the right to refuse an interview, deposition, or other discovery request and to set reasonable conditions on the conduct of any interaction to which the victim consents;
(g) to receive reasonable, accurate, and timely notice of and to be present at all proceedings involving the criminal conduct, plea, sentencing, adjudication, disposition, release, or escape of the defendant or youth accused of delinquency and any proceeding implicating the rights of the victim;
(h) to be promptly notified of any release or escape of the accused;
(i) to be heard in any proceeding involving the release, plea, sentencing, disposition, adjudication, or parole of the defendant or youth accused of delinquency and any proceeding implicating the rights of the victim;
(j) to confer with the prosecuting attorney;
(k) to provide information regarding the impact the offender’s conduct had on the victim for inclusion in the presentence or predisposition investigation report and to have the information considered in any sentencing or disposition recommendations submitted to the court;
(l) to receive a copy of any presentence report and any other report or record relevant to the exercise of a right of the victim, except for those portions made confidential by law;
(m) to the prompt return of the victim’s property when no longer needed as evidence in the case;
(n) to full and timely restitution. All money and property collected from a person who has been ordered to make restitution must be applied first to the restitution owed to the victim before paying any amounts owed to the government.
(o) to proceedings free from unreasonable delay and to a prompt and final conclusion of the case and any related postjudgment proceedings;
(p) to be informed of the conviction, sentence, adjudication, place and time of incarceration, or other disposition of the offender, including any scheduled release date, actual release date, or escape;
(q) to be informed of clemency and expungement procedures; to provide information to the Governor, the court, any clemency board, or any other authority and to have that information considered before a decision is made; and to be notified of any decision before the release of the offender; and
(r) to be informed of the above rights and to be informed that the victim may seek the advice and assistance of an attorney with respect to the above rights. This information must be made available to the general public and provided to all crime victims on what is referred to as a Marsy’s card.
(2) A victim, the victim’s attorney, the victim’s legal representative, or the prosecuting attorney at the request of the victim may assert and seek enforcement of the rights enumerated in this section and any other right afforded to the victim by law in any trial or appellate court or any other authority with jurisdiction over the case as a matter of right. The court or other authority shall act promptly on the request, affording a remedy by due course of law for the violation of any right. The reasons for any decision regarding disposition of a victim’s right must be clearly stated on the record.
(3) This section may not be construed to deny or disparage other rights possessed by victims. This section applies to criminal and youth court proceedings, is self-executing, and requires no further action by the Legislature.
(4) As used in this section, the following definitions apply:
(a) “Crime” means an act defined as a felony, misdemeanor, or delinquency under state law.
(b) “Victim” means a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime.
(i) The term includes:
(A) a spouse, parent, grandparent, child, sibling, grandchild, or guardian of the victim;
(B) a person with a relationship to the victim that is substantially similar to a relationship described in subsection (4)(b)(i)(A); and
(C) a representative of a victim who is a minor or who is deceased, incompetent or incapacitated.
(ii) The term does not include the accused or a person who the court believes would not act in the best interests of a minor or of a victim who is deceased, incompetent or incapacitated.
By: Kev Campbell, MNA Bus. Develop. Mgr
MT Secretary of State Legal Notice
Published in the Philipsburg Mail
Sept. 29, Oct. 6, 20, 27 of 2016 #2703
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