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

Track

signed · Montana · House May 13, 2025

HB 582: Generally revise criminal law

HB 582 revises laws related to criminal sentencing in Montana. It allows district courts to deny credit for elapsed time in certain revocation proceedings involving multiple violations. The bill also clarifies that offenders are eligible for credit for time served before sentencing, provided the custody is attributable to proceedings for the same conduct for which they were convicted. Additionally, it adjusts the maximum periods for suspended sentences and community supervision for various felony offenses, including specific limits for sexual, violent, and drug offenders. These changes affect individuals convicted of crimes and the judicial process for imposing sentences.

Topics ✗ Criminal JusticeOpposes Criminal JusticeAllows courts to deny credit for time in revocation proceedings for multiple violations, potentially lengthening sentences and restricting defendant rights.85% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · Senate May 13, 2025

SB 296: Enhance penalty for crime against vulnerable person

SB 296, known as "Alan's Law," establishes an enhanced penalty for individuals who commit offenses against vulnerable persons while employed or volunteering in a caregiving facility. If found guilty of a misdemeanor or felony offense, offenders face an additional prison sentence of 1 to 10 years. This additional sentence runs consecutively to the original punishment and generally cannot be deferred or suspended. The bill defines "caregiving facilities" broadly to include various health, youth, and educational settings, and "vulnerable persons" as children, vulnerable adults, or incapacitated individuals.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill increases mandatory consecutive sentences for crimes against vulnerable persons, expanding criminal penalties without rehabilitation focus, aligning with 'increases mandatory sentences' indicator.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House May 8, 2025

HB 332: Generally revise youth court laws

HB 332 revises youth court laws by expanding the types of offenses for which youth may be tried directly in district court, rather than youth court. It specifies age thresholds for these offenses, which include serious crimes like homicide, sexual assault, and drug distribution. The bill allows a youth to waive the right to a transfer hearing, which determines if their case should move back to youth court. It also details the criteria for a district court to transfer a case back to youth court and outlines sentencing and detention procedures for youth prosecuted in the adult system.

Topics ✗ Criminal JusticeOpposes Criminal JusticeMoves serious youth offenses to adult court, bypasses youth court protections, and eliminates transfer hearing waivers, reducing rehabilitative options for minors.85% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · Senate May 8, 2025

SB 508: Generally revise driving under the influence laws for THC levels in drivers under 21

SB 508 revises Montana's driving under the influence (DUI) laws concerning tetrahydrocannabinol (THC) for younger drivers. This bill establishes that for individuals under 21 years of age, having any detectable amount of THC in their system constitutes a DUI offense. This means there is no specific THC concentration threshold for drivers under 21, unlike the 5 ng/ml limit for adult drivers. The change applies to any amount of THC, excluding inactive metabolites, found in a driver under 21.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill eliminates THC threshold for under-21 DUI, expanding criminalization by making any detectable THC a violation without requiring impairment evidence.92% confidence ✓ TransportationSupports TransportationBill establishes zero-tolerance THC DUI for drivers under 21, directly enhancing traffic safety under Motor Vehicles/Transportation subject category.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House May 5, 2025

HB 521: Generally revise civil liability laws

HB 521 revises civil liability laws by establishing that a person convicted of a crime has no legal right to sue for injuries or other damages they sustained during the commission of that crime. This means individuals cannot recover damages through a civil lawsuit if their injuries occurred while they were actively committing a crime for which they were later convicted. The bill specifies that this new provision will be codified as part of Title 27, chapter 1, part 5 of the state's legal code.

Topics ✗ Criminal JusticeOpposes Criminal JusticePrevents convicted criminals from suing for crime-related injuries, directly reducing defendant rights per bill's explicit language.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House May 5, 2025

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

HB 493 establishes a new criminal offense for the purposeful and knowing possession, receipt, concealment, storage, sale, or disposal of a stolen firearm or stolen ammunition. Individuals convicted of possessing a stolen firearm may face imprisonment in state prison for up to 10 years. The bill also amends existing law to allow youths aged 16 or older accused of this new offense to be tried in adult court. Additionally, it includes possession of a stolen firearm or ammunition in the definition of offenses that can constitute a "pattern of criminal street gang activity."

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates new felony with 10-year prison term for stolen firearm possession, expands criminalization, and allows 16+ youth to be tried as adults, increasing penalties and restricting defendant rights.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice