Criminal Justice

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 261 revises the existing law concerning endangering the welfare of children. It expands the definition of this offense to include knowingly exposing a child to marijuana or dangerous drugs. The bill also makes it an offense to assist a child in entering an adult-use dispensary or a place where human trafficking or the production of dangerous drugs is taking place. Additionally, it updates sections related to drug manufacturing and exposure in the presence of children to apply to a broader range of dangerous drugs instead of specifically methamphetamine.

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.

HB 191 amends Montana law to create a new offense for knowingly committing domestic violence (defined as assaults under sections 45-5-202, 45-5-206, 45-5-213, or 45-5-215 against a partner or family member) while a child under 18 is present. This directly affects individuals who commit domestic violence near children, adding a separate misdemeanor charge for the child-witnessing aspect. The law specifies that "in the presence of a child" means the child is physically present or the perpetrator knows the child may see/hear the violence. A conviction carries a fine of $100-$1,000 and/or up to 1 year in jail. This amendment does not change existing domestic violence penalties but creates an additional charge specifically for incidents involving children.

HB 44 increases penalties for tampering with evidence in homicide investigations. It raises the maximum penalty for tampering that affects a medical examiner’s ability to determine a cause of death from 10 years to 40 years in prison, or a $100,000 fine (up from $50,000). The bill specifically targets individuals who alter, destroy, or fabricate evidence to mislead homicide investigations. This directly affects people who interfere with physical evidence in cases involving death, such as by destroying a weapon or falsifying autopsy records. The law amends Montana’s existing evidence tampering statute to strengthen consequences for crimes impacting homicide resolution.