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.
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.
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.
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.
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.
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.
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 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.
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 82 creates a new criminal offense called "grooming of a child for a sexual offense," defined as using communication (in-person or electronic) to manipulate a child into sexual activity, coerce meetings, distribute explicit material, or exploit authority to build a secret relationship. The bill revises existing laws to include computer-generated child pornography in sexual abuse charges and increases penalties for crimes against children, such as mandatory 100-year prison sentences for offenders targeting children under 12. It directly affects individuals who engage in grooming or sexual exploitation of minors, requiring severe punishments including fines up to $50,000 and mandatory sex offender treatment. The law updates legal definitions to address modern tactics like online interactions while strengthening protections for children under 16.