SB 537 revises Montana's marijuana tax revenue distribution, directing funds from the marijuana state special revenue account to new and existing state accounts. It requires transferring excess funds annually to specific accounts, including 12% to the HEART account for addiction treatment and mental health programs, 20% to wildlife habitat projects, and 14% to behavioral health initiatives. The bill also allocates funds for law enforcement canine training, sexual assault evidence kits, and homeless shelter support, while modifying existing transfer rules for agencies like the Department of Fish, Wildlife, and Parks. These changes apply to all state agencies receiving marijuana tax revenue under Montana law.
SB 40 would require Montana's Supreme Court to publicly disclose its deliberations by mandating recordings of closed meetings and making those records available after a case is final. It amends Montana law (sections 2-3-203, 2-3-212, and 2-6-1002, MCA) to ensure closed judicial discussions - currently private - are recorded and accessible to the public once all appeals are exhausted. The bill directly affects the Montana Supreme Court's internal proceedings and expands public access to judicial decision-making. Key provisions include requiring electronic recordings of closed meetings, redacting only confidential information as defined by law, and specifying that cases become final after all review periods expire.
SB 136 amends Montana's criminal code (Section 45-2-211, MCA) to state that a patient's consent to physician aid in dying is not a defense to a homicide charge against the physician. The bill defines "physician aid in dying" as a physician prescribing a lethal medication for the patient to self-administer, excluding standard comfort care or withholding life-sustaining treatment. This directly affects physicians who provide such aid, making their actions prosecutable as homicide if consent is claimed as a defense. The law takes effect July 1, 2025, and does not impact existing practices of comfort care or end-of-life treatment under Montana law.
This bill clarifies Montana's definition of "actual physical control" under DUI laws, specifically excluding certain non-driving scenarios from DUI charges. It states that a person is not in "actual physical control" if seated in a passenger seat with the engine running but not in gear, if the vehicle is disabled (not from a collision), or if manually pushing a disabled vehicle. This directly affects individuals stopped in vehicles under these specific conditions who might otherwise face DUI charges. The amendment does not change DUI penalties, alcohol limits, or other legal standards - it only refines the definition of when a DUI charge applies.
SB 425 prohibits Montana's Department of Corrections from sending inmates to out-of-state facilities if they have a child under 13 living in Montana, unless parental rights have been terminated or the incarceration is for a sexual offense. This directly affects incarcerated individuals with young children residing in Montana who might otherwise be transferred out of state. The bill amends existing law to add this restriction as a new condition for out-of-state confinement contracts. It does not change current practices for inmates with no minor children in Montana or those with terminated parental rights. The bill died in committee in May 2025 and did not become law.
SB 84 revises Montana's rules for presentence investigations, which are reports courts use to inform sentencing decisions. It requires courts to order these investigations after guilty pleas or convictions for most felonies (unless a recent report exists), sets a 30-day deadline for reports, and adds specific requirements: mental health evaluations for defendants claiming mental impairment at the time of offense, and psychosexual evaluations for certain sex offense convictions. The bill directly affects courts, probation officers, and defendants, particularly those with mental health considerations or sex offense convictions. It clarifies when investigations are mandatory, streamlines reporting timelines, and ensures key evaluations are included in sentencing considerations.
SB 312 removes time limits for victims to file lawsuits related to childhood sexual abuse in Montana. It allows victims to sue until age 27 or within 3 years of discovering the abuse, whichever comes later. The bill also creates new pathways to revive expired claims if the abuser admitted guilt (in writing, court, or plea) or if an organization knew about past abuse by its staff but failed to act. This directly affects survivors of childhood sexual abuse and entities like schools or religious groups that may have neglected to prevent abuse.
SB 273 would have changed Montana's assault law by giving victims (with specific exceptions for developmentally, physically, or mentally disabled individuals) the sole authority to decide whether to file assault charges. The bill amended Montana Code Annotated § 45-5-201 to state that victims - not prosecutors - determine if charges proceed for most assault cases. This would have shifted the decision-making power from law enforcement to the victim in non-exempt cases. The bill was referred to the Judiciary Committee, heard, tabled, and ultimately died in process on May 23, 2025, without becoming law.
SB 383 amends Montana law to prevent victims of partner or family member assault from being charged with assault themselves. The bill specifically adds Section 1(9) to Section 45-5-206, MCA, stating: "A victim may not be charged with partner or family member assault." This directly affects domestic violence victims who may have been prosecuted for defending themselves against abusers. The key mechanism is a clear legal prohibition on charging victims, ensuring only the abuser can face criminal charges in such incidents. The bill does not change penalties for offenders or other provisions like mandatory counseling.
SB 127, introduced in Montana, would have allowed individuals to defend themselves against serious crimes like assault, robbery, or kidnapping using reasonable force without facing legal jeopardy. The key provision required prosecutors to reimburse defendants for attorney fees and out-of-pocket costs if they successfully defended themselves in court and were not convicted of the specific charge. This reimbursement would come from the prosecutor’s budget, not the defendant, but only for cases where the self-defense argument succeeded. The bill died in the legislative process after failing its third reading in March 2025 and did not become law.
