People who knowingly enter or stay in clearly identified emergency areas after clear verbal warnings could face penalties for interference, threats, or a substantial risk of hindering responders.
People would commit an offense if they knowingly enter or stay in a clearly identified emergency area after a clear verbal warning and interfere with, threaten, or hinder a responder, or create a substantial risk of hindrance.
A conviction could bring up to a $500 fine, six months in county jail, or both. The draft refers to an intent requirement without explaining it.
Knowingly entering or staying in a clearly identified emergency area after a clear verbal warning would be an offense when accompanied by interference, threats, hindrance, or a substantial risk of hindrance. Covered responders include firefighters, law enforcement officers, and certain other authorized emergency responders, including volunteers. The definition excludes emergency care providers. The responder giving the warning must be lawfully performing official duties. The area must be reasonably needed for safety or emergency work and identified by physical markers or clear, audible notice of an area about 25 feet around the responder. Lawful activity protected by the federal or Montana constitution remains protected if its time, place, and manner do not hinder lawful duties, interfere with emergency work, or threaten public safety.
A person convicted of the offense could face a fine, county jail, or both. The penalty applies to people convicted of the emergency-area offense. The penalty applies to a conviction involving what the draft calls “specified intent” after a warning, but it does not explain that phrase.
No hearings or votes scheduled.