House Bill 475 restricts the use of physical restraints on inmates known to be pregnant during labor and delivery. It generally prohibits restraints unless there are extraordinary circumstances, such as an individualized determination that the inmate is a flight risk or poses a clear threat to themselves or others. Even in these cases, leg or waist restraints are strictly prohibited. The bill also requires that any applied restraints be the least restrictive necessary and removed when the risk is mitigated or at the request of a healthcare professional.
HB 415 revises the laws concerning a judge's ability to admit defendants to bail. The bill specifically limits a judge's authority to grant or continue bail for individuals who have an active warrant from another jurisdiction. This means defendants with outstanding warrants from other jurisdictions will not be eligible for bail in the current proceeding.
HB 612 revises criminal procedure laws concerning the revocation of suspended or deferred sentences, impacting offenders who violate their probation terms. The bill mandates that if a suspended or deferred sentence is revoked, any new sentence imposed will run consecutively to an existing sentence, unless the original sentence was already running concurrently. It also outlines procedures for revocation hearings, including offender rights and the prosecution's burden of proof. Additionally, the bill defines specific types of violations, such as "absconding" and "compliance violations," and applies these provisions to all offenders facing sentence revocation.
HB 344 establishes a new type of driving under the influence (DUI) offense. This offense applies to both noncommercial and commercial drivers found to have a specified amount of prohibited substances, other than alcohol or marijuana, in their blood or other bodily fluids while operating a vehicle. The bill amends existing laws regarding drug concentration standards, driver rehabilitation program eligibility, and penalties for driving with a suspended or revoked license to incorporate this new offense.
SB 487 revises the laws governing the Montana End of Watch Trust, which provides support to eligible law enforcement officers and their immediate families in cases of death or catastrophic injury in the line of duty. The bill requires applications for catastrophic injury payments to include a workers' compensation determination of permanent and total disability. It also allows legal children of an officer to receive payments from the trust after turning 18 under certain circumstances. Additionally, the Department of Justice is granted rulemaking authority to administer the trust, including processes for payment distribution, application approval, and appeals.
HB 267, also known as "Bobby's Law," creates the new crime of aggravated vehicular homicide while under the influence. This bill applies to individuals who negligently cause another person's death while operating a vehicle under the influence of alcohol or drugs. Upon conviction, offenders face mandatory imprisonment ranging from 3 to 30 years, a fine between $10,000 and $50,000, or both. A key provision is that the imposition of this sentence cannot be deferred, meaning it must be served immediately upon conviction. The bill also updates existing statutes to include this new offense as a "serious crime" and to reflect the non-deferrable sentencing.
HB 186 increases the size of the Montana Board of Pardons and Parole from five to six members. This bill directly affects the composition and operations of the board, which is responsible for decisions regarding parole and executive clemency. It outlines qualifications for board members, such as a college degree in a relevant field, extensive work experience in criminal justice, or a law degree. The bill also includes a transition plan for appointing the new sixth member, who will serve an initial term ending in January 2029, with subsequent full 6-year terms.
SB 101 creates new offenses for "unlawful squatting" (entering and staying on property without owner consent) and "fraudulent sale or lease" (advertising property for sale/rent without legal rights). Property owners gain clearer authority to request law enforcement removal of unauthorized occupants, with officers allowed to charge a service fee. Occupants convicted of unlawful squatting face misdemeanor penalties and must pay restitution equal to fair market rent for their stay. The bill also establishes a civil remedy for wrongful removal claims, allowing affected individuals to seek damages and attorney fees.
SB 124 revises electronic license privacy law in Montana. It clarifies that displaying an electronic driver's license on a device or handing the device to a peace officer does not grant consent for the officer to search or seize that electronic device. This bill directly affects individuals who use electronic driver's licenses and law enforcement officers, establishing a clear boundary for device privacy during traffic stops or similar interactions.
SB 132 revises laws for individuals under 21 years of age who possess or unlawfully attempt to purchase alcohol, marijuana, or other intoxicating substances. The bill creates separate crimes for these actions and establishes a tiered penalty system based on the offender's age and the number of prior offenses. Penalties include fines, community service, and mandatory participation in substance abuse information courses, with parents or guardians also required to complete courses for offenders under 18. Repeat offenders may face driver's license confiscation or suspension, chemical dependency assessments, and potential jail time for those 18 and older.
