HB 674 proposes to update the responsibilities of Montana's Code Commissioner. It would add a new duty requiring the commissioner to recommend legislation that eliminates laws from the Montana Code that courts have found to be unconstitutional and permanently blocked from being enforced. This change aims to ensure the published code reflects only valid, enforceable statutes. It directly affects the Code Commissioner's review process and the accuracy of the official state legal code.
HB 50 protects parents and pregnant women with drug use disorder by preventing child welfare investigations or custody actions solely based on positive drug test results. It amends Montana law to shield individuals seeking treatment or prenatal care from criminal charges related to drug use, and prohibits using drug test results alone to initiate child abuse cases or remove children from homes. The bill directly affects pregnant women, parents, healthcare providers, and child welfare systems by ensuring medical care access isn't penalized. Key provisions include immunity for seeking overdose help and requiring medical evaluation as the primary factor in child welfare decisions.
HB 912 proposes creating a new secure forensic facility in Montana, overseen by the Department of Public Health and Human Services. This facility would provide care, treatment, and security for up to 70 individuals involved in the legal system due to mental illness, including those needing competency restoration or forensic evaluations. The bill allocates $60 million from the Behavioral Health System for Future Generations Fund to plan, construct, and equip this facility, while also expanding the fund's uses to support new behavioral health infrastructure.
HB 896 aimed to expand Montana's obstructing justice laws by redefining who is considered "an offender." Under this bill, "an offender" would include individuals who have entered the United States unlawfully or have not complied with their immigration status conditions. Consequently, a person could be charged with obstructing justice for knowingly harboring, assisting, or preventing the discovery or apprehension of such individuals. The bill also included a $500 appropriation to the Department of Justice to notify local law enforcement agencies and county attorneys about these new requirements.
HB 460 proposed a constitutional amendment in Montana to allow citizens in any county to call for a grand jury. Currently, grand juries are impaneled at the discretion of a district judge. The bill would have required a grand jury to be summoned if a petition signed by a specific percentage of registered electors in a county was submitted. It also mandated that county attorneys prosecute indictments from these citizen-initiated grand juries and allowed the grand jury to seek assistance from the Attorney General or hire a private prosecutor if necessary.
HB 709 sought to establish the crime of "human smuggling" in Montana, targeting individuals and entities who knowingly transport or harbor people who have unlawfully entered the United States without federal inspection. Individuals convicted of this crime would face penalties including imprisonment, a substantial fine, or both. Entities found guilty would lose their eligibility for certain state tax exemptions. Additionally, the bill included provisions for the criminal forfeiture of property, such as vehicles and funds, if used in or derived from the crime of human smuggling.
HB 621 allows local first responder entities, including police departments, sheriff's offices, fire departments, and emergency medical service providers, to establish peer support programs. These programs must have a written policy that outlines qualifications for peer supporters, defines peer support sessions, and ensures confidentiality for participants. The bill prohibits qualified peer supporters from testifying about the content of peer support sessions, with exceptions if an employee has committed or plans a crime, or indicates intent to harm themselves or others.
HB 117 establishes project priorities for the state's criminal justice data warehouse, affecting the Board of Crime Control, the Criminal Justice Oversight Council, and various state and local criminal justice agencies. It directs the Board of Crime Control to focus on tasks like creating unique identifiers to link data across agencies, acquiring specialized software for data management, and integrating more local criminal justice data. The bill also mandates regular reporting on progress to legislative committees and appropriates over $1.4 million in general funds for software, staff positions, and judicial data contributions.
HB 745 revises school laws to enhance student safety by requiring new policies and background checks. It mandates that school districts adopt a student protection policy, which includes conducting fingerprint-based national criminal history background checks. These checks are required for any individual, regardless of employment status, who may have unsupervised contact with students. The bill also requires background checks for educator licensure, and non-compliant districts must submit a correction plan to the Superintendent of Public Instruction.
Senate Bill 69 revises reporting requirements for county attorneys and the Attorney General concerning child sexual abuse cases. It changes the frequency of county attorneys' reports to the Attorney General from semi-annual to annual, due by June 1 each year. These reports must include specific details such as case identifiers, dates of charges or prosecution declinations, and conviction outcomes. The Attorney General will then compile this aggregated data and report annually to the law and justice interim committee by August 15, enhancing tracking and oversight of these cases.
