Criminal Justice

died · Montana · House May 20, 2025

HB 437: Provide for dismissal of certain criminal charges against health care provider

HB 437 would have allowed health care providers in Montana to request the dismissal of criminal charges related to their professional conduct. If a provider filed such a motion, the state would be required to prove in court that the provider's actions were knowingly or purposely committed, not merely negligent, and that they were outside the accepted standards of care. If the state failed to meet this burden of proof, the court would dismiss the complaint, information, or indictment against the health care provider. The bill aimed to provide protections for health care providers.

Topics ✓ Criminal JusticeSupports Criminal JusticeProtects health care providers from criminal negligence charges by requiring state to prove intent, advancing defendant rights in criminal procedure.90% 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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died · Montana · House May 20, 2025

HB 709: Create the crime of human smuggling

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates new crime of human smuggling, expanding criminalization without reform elements per indicators.90% confidence ✗ ImmigrationOpposes ImmigrationBill criminalizes transporting/harboring undocumented immigrants with penalties, increasing state enforcement against activities aiding undocumented individuals, directly opposing immigrant protections.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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died · Montana · House May 20, 2025

HB 635: Revise human rights laws to prohibit diversity, equity, and inclusion programs

HB 635 proposes to prohibit state and local government agencies from funding, establishing, or supporting Diversity, Equity, and Inclusion (DEI) programs. It would prevent these agencies from requiring employees to participate in DEI programs or spending public funds on related services or staff. The bill defines DEI programs as activities that focus on describing power structures, methods to dismantle them, or advancing theories like implicit bias or systemic oppression. However, it includes exceptions for complying with federal law, specific state human rights laws, court orders, and offering sexual harassment training. This legislation directly affects state and local government agencies and their employees in Montana.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill prohibits DEI programs addressing systemic oppression and implicit bias - key components of criminal justice reform. This restricts initiatives to reduce bias in law enforcement and courts, aligning with 'oppose' indicators.80% confidence ✗ Labor & EmploymentOpposes Labor & EmploymentProhibits government funding/support for DEI programs addressing workplace discrimination, directly restricting employment equality initiatives under Labor & Employment protections.85% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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signed · Montana · House May 19, 2025

HB 514: Criminalize use of real and digitally fabricated sexually explicit images

HB 514 revises Montana's privacy in communications laws, specifically targeting the non-consensual use of sexually explicit images. The bill makes it an offense to publish, distribute, or disclose real or "digitally fabricated" sexually explicit images of an identifiable person without their consent, especially with intent to harm or extort. It also criminalizes possessing and threatening to disclose such images to obtain money or valuables. "Digitally fabricated" is defined as media created using technical means, like artificial intelligence, to falsely depict an individual engaging in sexual conduct. Penalties for these offenses range from a misdemeanor for a first conviction to a felony for subsequent convictions.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill criminalizes non-consensual sharing of explicit images, expanding criminalization scope. Aligns with 'oppose' indicator of expanded criminalization.85% confidence ✓ TechnologySupports TechnologyCriminalizes non-consensual distribution of explicit images (including digitally fabricated), strengthening data privacy protections under Information Technology subjects.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House May 19, 2025

HB 575: Generally revise the proceedings in which a public defender may be assigned

HB 575 revises the circumstances under which a public defender may be assigned in court proceedings. It specifically authorizes courts to assign a public defender to a parent facing involuntary termination of their parental rights. The bill also allows courts to order a public defender to serve as a member of a treatment court team. These changes expand the scope of public defender services to include these specific situations.

Topics ✓ Criminal JusticeSupports Criminal JusticeExpands public defender access to parental rights cases and treatment courts, strengthening defendant representation and aligning with criminal justice reform goals.90% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

signed · Montana · Senate May 16, 2025

SB 348: Revise laws on sexual assault

SB 348 revises laws related to sexual assault, primarily by increasing penalties for offenders. The bill raises the maximum fines and imprisonment terms for first, second, and third or subsequent convictions of sexual assault. A key provision mandates that individuals convicted of a second sexual assault offense must register as a sexual offender. These changes directly affect individuals convicted of sexual assault by strengthening legal consequences for the crime.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases penalties, mandates registration for second offenses, expanding criminalization and harsher sentencing per bill's explicit language.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · Senate May 16, 2025

SB 413: Criminalize disclosure of certain explicit AI-generated media

Senate Bill 413 creates the crime of "disclosing explicit synthetic media," also known as deepfakes, directly affecting individuals who create or share AI-generated content and protecting those falsely depicted. The bill makes it an offense to knowingly share synthetic media portraying an identifiable person engaged in sexual conduct or depicting intimate body parts without their consent, if it would cause substantial emotional distress. It also criminalizes disclosing such media with intent to harass or threaten, or possessing and threatening to disclose it for extortion. Penalties include fines and jail time, with increased penalties for repeat offenses or if the depicted person is under 18, though exceptions exist for reporting crimes, research, or legal proceedings.

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates new criminal offense for non-consensual deepfake disclosure, expanding criminalization under Crimes/Criminal Procedure subjects95% confidence ✗ TechnologyOpposes TechnologyCriminalizes non-consensual deepfake sharing, restricting AI media use to prevent harm without advancing tech innovation or privacy protections.92% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House May 15, 2025

HB 396: Generally revise bail laws

HB 396 revises existing laws concerning bail for arrested individuals. It requires that a person must appear before a judge in a court of record before being admitted to bail, and it clarifies that interstate agreements apply in certain situations. The bill expands the criteria courts must consider when deciding whether to release or detain a defendant, adding factors like the defendant's history of absconding and the costs incurred by a government to transport them. Furthermore, it revises the factors for determining the amount of bail, including ensuring protection from bodily injury and considering a defendant's prior abscondence history.

Topics ✗ Criminal JusticeOpposes Criminal JusticeExpands detention criteria (absconding history, transport costs), potentially restricting pretrial release and defendant rights per indicators.75% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

vetoed · Montana · House May 13, 2025

HB 605: Revise criminal laws related to strip searches

HB 605 proposed revisions to criminal laws concerning strip searches for individuals entering correctional facilities. The bill would have allowed a person to be subjected to a strip search if they were to be housed in a jail or correctional facility for more than 12 hours. This provision would have created an exception to the existing requirement that individuals arrested for traffic or non-felony offenses can only be strip-searched if there is reasonable suspicion they are concealing a weapon, contraband, or evidence. The change would have permitted strip searches based on the anticipated length of detention, regardless of the initial offense type or specific suspicion for the search.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill removes reasonable suspicion requirement for strip searches in correctional facilities, reducing defendant rights and weakening existing protections.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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