A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT AN EMPLOYER, EXCEPT THE MONTANA STATE PRISON, MAY NOT PROHIBIT AN EMPLOYEE FROM KEEPING A FIREARM IN A LOCKED VEHICLE PARKED AT THE EMPLOYEE'S WORKPLACE OR WHILE ON THE EMPLOYER'S BUSINESS; AND PROVIDING THAT AN EMPLOYER MAY NOT BE HELD LIABLE FOR ANY INCIDENT, INJURY, OR DAMAGES RESULTING FROM A FIREARM BEING TAKEN FROM AN EMPLOYEE'S MOTOR VEHICLE; EXEMPTING AN EMPLOYER FROM LIABILITY FOR AN EMPLOYEE'S LEGITIMATE SELF DEFENSE; AND AMENDING 27-1-722, MCA."
 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

     NEW SECTION.  Section 1.  Title.  This act is known as the "Employee safe travel to work act."
 
     NEW SECTION.  Section 2.  Right of employee to keep firearms in vehicle -- employer liability -- exception. (1) (a) An employer may not, by contract or otherwise, prohibit an employee:
     (i) from keeping a firearm that is locked in the trunk of the employee's motor vehicle or is out of view inside the employee's locked motor vehicle when the vehicle is parked at the employee's workplace; or
     (ii) from keeping a firearm in the employee's vehicle when the employee is using the vehicle for the employer's business.
     (b) For the purposes of this subsection, "locked motor vehicle" means:
     (i) a truck or hard top automobile with the windows rolled up and the doors locked; or
     (ii) a convertible with the windows rolled up, the top up and secured, and the doors locked.
     (2) A private sector employer in compliance with the provisions of subsection (1) may not be held liable for any incident, injury, or damages resulting from a firearm being taken from an employee's motor vehicle parked at the employee's workplace.
     (3) The Montana state prison may adopt a policy prohibiting an employee from keeping a firearm in the employee's motor vehicle parked at the facility.
 
     Section 3.  Section 27-1.722, MCA, is amended to read:
27-1-722. Civil damages immunity for injury caused by legal use of force. (1) A use of force allowable under the provisions of Title 45, chapter 3, part 1, provides immunity to the person using the force from civil damages for injury to any person or property arising from injury to the person, or damage to the property of the person, against whom the force was used.
     (2) Conviction of a crime committed by the person who was injured or whose property was damaged by the use of force is not a prerequisite to a defense under subsection (1), but it is evidence that the act or omission to which the use of force was a response occurred.
     (3) The reasonableness of the use of force must be determined in light of the circumstances at the time that the force was used.
     (4) The prevailing party in an action in which a defense is asserted under this section is entitled to costs and reasonable attorney fees.
     (5)  If a person claiming the immunity of [this section] is on the job or at work, the person's employer enjoys the same immunity.

     NEW SECTION.  Section 4.  Codification instruction. [Section 2] is intended to be codified as an integral part of Title 39, chapter 2, part 3, and the provisions of Title 39, chapter 2, part 3, apply to [section 1].