SB 444 revises criminal procedure laws related to search warrants. It amends existing law to require law enforcement officers to show a search warrant to a known lawful occupant of a property when a search is being conducted. This change ensures that occupants present during a search are directly presented with the warrant. The bill maintains the requirement for officers to provide a copy of the warrant and a receipt for any seized property.
SB 70 revises laws related to conditions of probation and parole supervision. The bill allows a probation and parole officer to remove a condition of supervision without a formal court hearing if the sentencing court, probationer, or county attorney does not object. This change requires the Department of Corrections to notify victims when such a condition is removed. It streamlines the process for adjusting probation conditions, directly affecting individuals under supervision, probation officers, and victims.
HJ 45 is a joint resolution requesting an interim study in Montana on the impact of collateral consequences on criminal record expungement. The study will investigate challenges faced by individuals with expunged criminal records, particularly concerning employment and housing barriers due to existing laws, online information, and discrimination. It aims to review current expungement laws, analyze outcomes for individuals with expunged records, and examine practices in other states. The study will suggest specific changes to state law to address these barriers and report its findings to the 70th Legislature in the form of introduced legislation.
Senate Joint Resolution 36 (SJ 36) requests an interim study on standardizing the prosecution of dependent neglect and child abuse cases in Montana. The study will evaluate the feasibility of expanding the Department of Justice's Child Protection Unit to handle these cases statewide. This aims to address inconsistencies in how these cases are currently handled across different judicial districts. The goal is to improve outcomes for children, ensure due process for all parties, and enhance the overall effectiveness and fairness of Montana's child welfare system. The final results of this study will be reported to the 70th Legislature.
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.
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.