Criminal Justice

died · Montana · Senate May 23, 2025

SB 84: Generally revise laws related to presentence investigations

SB 84 revises Montana's rules for presentence investigations, which are reports courts use to inform sentencing decisions. It requires courts to order these investigations after guilty pleas or convictions for most felonies (unless a recent report exists), sets a 30-day deadline for reports, and adds specific requirements: mental health evaluations for defendants claiming mental impairment at the time of offense, and psychosexual evaluations for certain sex offense convictions. The bill directly affects courts, probation officers, and defendants, particularly those with mental health considerations or sex offense convictions. It clarifies when investigations are mandatory, streamlines reporting timelines, and ensures key evaluations are included in sentencing considerations.

Topics ✓ Criminal JusticeSupports Criminal JusticeAdds mental health/psychosexual evaluations to sentencing, promoting rehabilitation and informed judicial decisions per reform indicators.95% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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died · Montana · Senate May 23, 2025

SB 491: Generally revise laws related to sexual assault kits

SB 491 creates a new Sexual Assault Medical Forensic Examination Fund to cover costs for sexual assault evidence collection. It shifts responsibility from local law enforcement agencies to this state fund, requiring the fund to provide free evidence kits to medical facilities, reimburse providers up to $800 per exam, and support a secure electronic system for claims. The fund will be primarily financed by redirecting $800,000 annually from the marijuana fund (starting July 2025) to cover these expenses. The bill also amends related laws to clarify payment responsibilities and establish the fund, though it died in committee on May 23, 2025, and is not currently law.

Topics ✓ Criminal JusticeSupports Criminal JusticeCreates state fund to cover sexual assault evidence costs, removing financial barriers for medical facilities and shifting responsibility from local agencies, advancing victim services in criminal justice.90% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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died · Montana · Senate May 23, 2025

SB 370: Generally revise laws related to jury duty

SB 370 increases daily compensation for Montana jurors: $25-$60 per day for attending jury duty and an additional $25-$60 per day if selected for a specific case. It directly affects individuals summoned for jury service in criminal cases, providing higher pay than current rates. The bill establishes a funding mechanism where counties submit invoices to the Office of Court Administrator for reimbursement of these costs. This replaces the existing fee structure under Section 3-15-201, MCA, specifically for criminal trials or settlements requiring jury service.

Topics ✓ Criminal JusticeSupports Criminal JusticeIncreases juror compensation for criminal cases, improving court operations and access to fair trials - key aspects of criminal justice reform.85% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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died · Montana · House May 22, 2025

HB 921: Constitutional amendment prohibiting distribution or receipt of child pornography

HB 921 is a proposed constitutional amendment that would allow Montana to prohibit and punish the distribution or receipt of child pornography violating federal laws, while creating a private right for individuals to sue violators. It directly affects Montana state and local governments (who could enforce these prohibitions) and any person harmed by such violations (who could file lawsuits). Key provisions include overriding conflicting state laws to enable state enforcement of federal child pornography statutes and granting courts authority to award injunctive relief and attorney fees in successful lawsuits. The amendment requires voter approval at the 2026 general election and would not change existing federal laws, merely enabling Montana to align its enforcement with federal standards.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill strengthens enforcement of child pornography laws via state action and private lawsuits, directly enhancing criminal justice protections for minors.90% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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died · Montana · House May 22, 2025

HB 289: Revise crime laws

HB 289 aimed to revise Montana's crime laws by expanding the definition of the offense of endangering the welfare of children. The bill sought to include situations where a child is exposed to the production, manufacture, or direct presence of fentanyl, heroin, or cocaine. This would apply to individuals who knowingly engage in these activities in locations where children might reasonably be present. Violations under this specific provision would be classified as a felony, carrying potential penalties of imprisonment, fines, or both.

Topics ✗ Criminal JusticeOpposes Criminal JusticeExpands criminalization by classifying drug exposure near children as felony, increasing penalties under crime laws.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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died · Montana · House May 22, 2025

HB 116: Provide for attorneys to appear remotely

HB 116 aimed to allow attorneys, particularly public defenders, to appear remotely in court proceedings. The bill would have required all courts to establish a consistent process for these remote appearances. Public defenders would have been permitted to appear remotely for "nonsubstantive hearings," such as arraignments or bond hearings, where the case's final outcome isn't decided. However, a court could still order an attorney to appear in person if there was "good cause," such as a lack of technological resources, and provided advance notice.

Topics ✓ Criminal JusticeSupports Criminal JusticeEnables public defenders to appear remotely for nonsubstantive hearings, improving access to legal representation without restricting rights, aligning with criminal justice reform indicators.85% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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died · Montana · House May 22, 2025

HB 702: Generally revise laws relating to criminal acts

HB 702 creates a new crime for operating drones over Montana correctional facilities without permission, punishable by 1-5 years in prison. It revises assault laws to specifically include intentionally making bodily fluid contact with correctional staff, healthcare providers, or emergency responders during arrests, incarceration, or transport. The bill also updates rules for possessing or transferring prohibited items (like cellphones, drugs, or weapons) into prisons, with harsher penalties for weapons (up to 20 years) and drugs (up to 10 years), while adding clarity about notice requirements for minor contraband. These changes directly affect prison staff, inmates, visitors, and anyone near correctional facilities.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill increases penalties for drone operations, expands assault definitions, and harshens prison contraband rules, strengthening punitive measures without reform elements.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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died · Montana · House May 22, 2025

HB 569: Revise laws related to perjury and false swearing

HB 569 sought to revise laws related to perjury and false swearing. The bill proposed changes to the penalties for these offenses, introducing mandatory minimum jail sentences and adjusting maximum terms and fines. For perjury, the punishment would shift from state prison to county jail, while still requiring a minimum 6-month term. For false swearing, new mandatory minimums for jail time and revised fines were introduced. Additionally, the bill mandated that credible allegations of both perjury and false swearing be investigated by an agency independent of the judiciary.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIntroduces mandatory minimum jail sentences for perjury/false swearing, increasing punitive measures rather than advancing reform or protections.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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died · Montana · House May 20, 2025

HB 460: Amending the constitution to provide for electors of a county to call a grand jury

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeIncreases public oversight by enabling citizen petitions to initiate grand juries, promoting transparency in court processes - a key aspect of criminal justice reform.80% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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died · Montana · House May 20, 2025

HB 433: Preserve right to keep and bear arms via a presumption of innocence

HB 433 sought to protect an individual's right to keep and bear arms while awaiting trial. The bill proposed that a person could not be deprived of their Second Amendment or Montana constitutional firearm rights before a conviction. This protection would apply unless the individual was charged with a forcible felony or a crime of violence involving a weapon, as defined in statute 45-2-101. The bill aimed to preserve these rights during the pre-trial phase for most offenses.

Topics ✓ Criminal JusticeSupports Criminal JusticePreserves defendant's firearm rights pre-conviction, aligning with civil rights protection in criminal justice proceedings95% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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