Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 18. SENTENCE AND JUDGMENT · Part 3. Death Penalty
Montana Code Annotated

Mont. Code Ann. § 46-18-301 (2026)

Hearing On Imposition Of Death Penalty

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 18
  4. Part 3
  5. 46-18-301 Hearing on imposition of death penalty

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 18. SENTENCE AND JUDGMENT

Part 3. Death Penalty

Hearing On Imposition Of Death Penalty

46-18-301. Hearing on imposition of death penalty. (1) When a defendant is found guilty of or pleads guilty to an offense for which the sentence of death may be imposed, the judge who presided at the trial or before whom the guilty plea was entered shall conduct a separate sentencing hearing to determine the existence or nonexistence of the circumstances set forth in 46-18-303 and 46-18-304 for the purpose of determining the sentence to be imposed. The hearing must be conducted before the court alone.

(2) (a) Subject to subsection (2)(b), the sentence must be pronounced and judgment rendered within 120 days after the defendant is found guilty or pleads guilty or within 120 days after the Montana supreme court enters a final decision on appeal.

(b) The district court may allow not more than one extension of up to 60 days after entering findings of fact that the extension is necessary to prevent undue hardship to a party.

History: En. 95-2206.6 by Sec. 1, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.6; amd. Sec. 2, Ch. 378, L. 1997.

Notes of Decisions
Cited in 34 cases (1 in the last 5 years), 1979–2024 · leading case: State v. Coleman, 605 P.2d 1000 (Mont. 1979).
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State v. Coleman, 605 P.2d 1000 (Mont. 1979). · cites it 14× “Section 94-5-304 which had been enacted in 1973 (Ch. 513, Laws of Montana (1973)) and amended in 1974 (Ch.”
Ring v. Arizona, 536 U.S. 584 (2002). · cites it 2× “2001); Mont. Code Ann. § 46-18-301 (1997); Neb. Rev.”
State v. Lester Kills on Top, 787 P.2d 336 (Mont. 1990). · cites it 7× “Section 46-18-301, MCA, provides that the judge who presided at the trial shall conduct a separate sentencing hearing to determine the existence or nonexistence of the aggravating and mitigating circumstances set forth in §§ 46-18-303 and 304, MCA.”
Marshall v. Lonberger, 459 U.S. 422 (1983). · cites it 2× “1982); Mont. Code Ann. § 46-18-301 (1981); Neb. Rev.”
State v. Smith, 931 P.2d 1272 (Mont. 1996). · cites it 6× “ISSUE 2 Is Montana's death penalty statutory scheme unconstitutional in its allocation of the burdens of proof of aggravating and mitigating circumstances? Section 46-18-301, MCA, provides that when a defendant is found guilty of or pleads guilty to an offense for which a…”
Simmons v. South Carolina, 512 U.S. 154 (1994). · cites it 2× “1993); Idaho Code § 19-2515 (d) (1987); Mont. Code Ann. § 46-18-301 (1993); Neb. Rev.”
State v. Jackson, 2009 MT 427, 221 P.3d 1213. · cites it 4× “" Jackson then sought a writ of supervisory control from this Court, asking us to declare unconstitutional § 46-18-301(2), MCA, requiring a sentencing hearing in a capital case be held within 180 days of the verdict.”
Cabana v. Bullock, 474 U.S. 376 (1986). · cites it 2× “1985); Mont. Code Ann. § 46-18-301 (1985); Neb. Rev.”
State v. Sattler, 1998 MT 57, 956 P.2d 54. · cites it 4× “101 ] ¶65 After the State served formal notice of its intent to seek the death penalty, the District Court held the sentencing hearing required by § 46-18-301, MCA, to determine the existence or nonexistence of aggravating circumstances as set forth in § 46-18-303, MCA, and…”
State v. Keith, 754 P.2d 474 (Mont. 1988). · cites it 5× “The court is required by Section 46-18-301, MCA, to hold a separate sentencing hearing to determine whether further aggravating circumstances exist.”
State v. Fitzpatrick, 606 P.2d 1343 (Mont. 1980). · cites it 3× “His sentencing occurred before the passage of section 46-18-301 through -310 MCA, relating to the death penalty, under which Fitzpatrick was sentenced.”
State v. Turner, 864 P.2d 235 (Mont. 1993). · cites it 4× “On February 27, 1992, the District Court conducted a separate sentencing hearing for Turner in accordance with § 46-18-301, MCA, to determine the existence or nonexistence of aggravating and mitigating circumstances for the purpose of determining what sentence should be imposed.”
Show all 34 citing cases →
Mont. Code Ann. § 46-18-301(1): 1 case
State v. Fitzpatrick, 606 P.2d 1343 (Mont. 1980). “His sentencing occurred before the passage of section 46-18-301 through -310 MCA, relating to the death penalty, under which Fitzpatrick was sentenced.”
Mont. Code Ann. § 46-18-301(2): 1 case
State v. Jackson, 2009 MT 427, 221 P.3d 1213. “" Jackson then sought a writ of supervisory control from this Court, asking us to declare unconstitutional § 46-18-301(2), MCA, requiring a sentencing hearing in a capital case be held within 180 days of the verdict.”
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