HB 493: Establish the crime of possession of stolen firearm or ammunition - Montana

HB0493_X(1).pdf → HB0493_X(2).pdf · 4 edits

MODERATE

HB 493 was amended to remove the crime of possession of stolen ammunition and simplify the title to focus solely on possession of stolen firearms. The bill also replaced an unrelated section about youth court proceedings with a new section defining 'pattern of criminal street gang activity' by adding specific offenses to the list. These changes narrow the bill's scope to firearm possession and update gang activity definitions.

Scope change

The bill's scope was narrowed from covering both stolen firearms and ammunition to only stolen firearms. Additionally, the bill now includes a definition of criminal street gang activity patterns that was not present in the original version.

SCOPE

Removed the crime of possession of stolen ammunition from the bill's title and substantive provisions, limiting the offense to possession of stolen firearms only.

Deleted the entire section regarding youth court filing procedures and district court transfers, which was unrelated to the bill's primary purpose of addressing stolen firearm possession.

DEFINITION

Added a new section defining 'pattern of criminal street gang activity' by listing specific offenses including deliberate homicide, assault with a weapon, kidnapping, robbery, and various drug and weapon-related crimes.

ENFORCEMENT

Updated the list of offenses that constitute a pattern of criminal street gang activity to include new categories such as sexual trafficking, criminal mischief, forgery, and witness tampering.

HB0493_X.pdf → HB0493_X(1).pdf · 5 edits

MODERATE

HB 493 was amended to add assault on peace officers and judicial officers as a serious offense for youth, clarify the scope of serious offenses to include homicide attempts, and strengthen court oversight by requiring district courts to grant leave to file information based on probable cause. The bill also adds educational requirements for youth with disabilities during confinement and adjusts the numbering of subsections for clarity.

Scope change

The bill's scope expanded to include assault on peace officers and judicial officers as serious offenses for youth, and clarified the definition of serious offenses to include homicide attempts and accountability for such acts.

SCOPE

Added assault on peace officers and judicial officers as a serious offense for youth under the bill.

Clarified that attempts or accountability for deliberate or mitigated deliberate homicide are included as serious offenses.

REQUIREMENT

Added requirement that district courts must grant leave to file information if there is probable cause and conduct a hearing within 30 days to determine if the case should be transferred back to youth court.

Added requirement that school-aged youth with disabilities must receive education consistent with the Individuals With Disabilities Education Act during confinement.

TECHNICAL

Adjusted numbering and formatting of subsections for clarity and consistency.

HB0493_2(11).pdf → HB0493_X.pdf · 4 edits

MODERATE

This bill establishes a new crime for possessing stolen firearms or ammunition and amends youth court procedures to include this offense as a serious crime that can be transferred to adult district court. The changes add a new criminal offense and expand the list of crimes that qualify for adult prosecution when committed by youth.

Scope change

Added a new criminal offense for possession of stolen firearms or stolen ammunition; expanded the list of offenses that can be transferred from youth court to adult district court.

SCOPE

Created a new crime for knowingly receiving, possessing, concealing, storing, bartering, selling, or disposing of stolen firearms or stolen ammunition, punishable by up to 10 years in state prison.

ELIGIBILITY

Added possession of stolen firearms or stolen ammunition to the list of offenses that youth 12 or older can be prosecuted for in adult district court.

Added possession of stolen firearms or stolen ammunition to the list of offenses that youth 16 or older can be prosecuted for in adult district court.

TECHNICAL

Changed document formatting from draft bill (HB0493.2) to enrolled bill (HB 493) with updated page numbers and headers.

HB0493_1(10).pdf → HB0493_2(4).pdf · 4 edits

MODERATE

HB 493 was amended to add a new subsection (1)(b) that allows county attorneys to file petitions in district court for youth charged with specific serious offenses. The bill also added a new subsection (1)(b)(xi)(x) covering possession of explosives and updated several statutory references to include semicolons for consistency.

Scope change

The bill now includes additional serious offenses (negligent homicide, arson, aggravated assault, sexual assault, assault with a weapon, robbery, burglary, aggravated kidnapping, possession of explosives, gang coercion, escape, and drug offenses) that trigger the district court filing requirement for youth aged 16 or older.

SCOPE

Added new subsection (1)(b) listing additional serious offenses that require district court filing when committed by youth aged 16 or older.

TECHNICAL

Added semicolons at the end of several statutory references for formatting consistency.

Removed redundant 'AND' from the title section and updated sponsor order.

DEFINITION

Added new reference to possession of explosives as defined in 45-8-335.

HB0493_2(3).pdf → HB0493_1(10).pdf · 3 edits

MINOR

HB 493 was amended to reorganize the list of offenses that allow county attorneys to file cases in district court rather than youth court. The bill now more clearly separates offenses based on the youth's age at the time of the alleged conduct, with different thresholds for 12-15 year olds versus 16+ year olds. Several drug-related charges were renumbered and consolidated, and the formatting of the bill was updated to reflect the current legislative session.

Scope change

The scope of the bill remains focused on juvenile transfer proceedings, but the specific offenses that qualify for transfer were reorganized and clarified based on age thresholds.

ELIGIBILITY

Reorganized the list of offenses that qualify for district court transfer, separating criteria by age (12+ vs 16+) and renumbering drug-related charges for clarity.

TECHNICAL

Updated bill formatting and session year references from HB0493.2 to HB 493.1 to reflect the current legislative session.

REQUIREMENT

Clarified the language around when district courts must hold hearings to determine if cases should remain in youth court versus being transferred to district court.

HB0493_1(9).pdf → HB0493_2.pdf · 4 edits

MODERATE

This bill amends Montana's youth court transfer procedures, specifically updating the list of offenses that can be transferred from youth court to district court. The changes involve renumbering and reorganizing the offense categories while maintaining the same substantive offenses. Additionally, the bill sponsors were reordered in the introduction.

Scope change

The scope of offenses eligible for transfer to district court remains substantively unchanged, though the numbering and formatting of the offense list were reorganized.

TECHNICAL

Reordered the list of bill sponsors in the introduction section from S. Kelly, T. Sharp, E. Byrne, J. Etchart, D. Baum to S. Kelly, J. Etchart, T. Sharp, E. Byrne, D. Baum.

Reorganized and renumbered the list of offenses eligible for transfer from youth court to district court, changing the structure from a single continuous list to a more clearly formatted subsection (1)(b) with roman numerals for clarity.

Updated the bill title line to reflect the new version number (HB0493.2) and adjusted page header formatting.

Minor formatting changes to section headers and line numbering throughout the document.

HB0493_1(1).pdf → HB0493_1(2).pdf · 1 edit

MINOR

The bill was amended to add D. BAUM as a co-sponsor, expanding the group of legislators supporting the legislation. This change does not alter the bill's substantive content, scope, or policy provisions.

TECHNICAL

Added D. BAUM to the list of bill sponsors, indicating expanded legislative support without changing the bill's operational provisions.

LC1791.pdf → HB0493_1.pdf · 3 edits

MINOR

The bill was renumbered from LC 1791 to HB 493.1, indicating it moved from a committee report to a formal House bill. The primary substantive change involves renumbering the list of serious offenses in subsection (1)(b) to consolidate them more efficiently, removing the original numbering gaps and creating a continuous sequence from (ix) through (xvi). This technical reorganization improves readability without changing the actual crimes listed.

TECHNICAL

Bill number changed from LC 1791 to HB 493.1, reflecting its progression through the legislative process.

Sponsor names were added to the bill header, identifying S. Kelly, T. Sharp, E. Byrne, and J. Etchart as the primary sponsors.

The list of serious offenses in subsection (1)(b) was renumbered from (x) through (xvii) to (ix) through (xvi), consolidating the numbering sequence for clarity without adding or removing any offenses.

Establish the crime of possession of stolen firearm or ammunition

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