Criminal Justice

vetoed · Montana · House May 13, 2025

HB 605: Revise criminal laws related to strip searches

HB 605 proposed revisions to criminal laws concerning strip searches for individuals entering correctional facilities. The bill would have allowed a person to be subjected to a strip search if they were to be housed in a jail or correctional facility for more than 12 hours. This provision would have created an exception to the existing requirement that individuals arrested for traffic or non-felony offenses can only be strip-searched if there is reasonable suspicion they are concealing a weapon, contraband, or evidence. The change would have permitted strip searches based on the anticipated length of detention, regardless of the initial offense type or specific suspicion for the search.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill removes reasonable suspicion requirement for strip searches in correctional facilities, reducing defendant rights and weakening existing protections.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

Track

signed · Montana · Senate May 13, 2025

SB 296: Enhance penalty for crime against vulnerable person

SB 296, known as "Alan's Law," establishes an enhanced penalty for individuals who commit offenses against vulnerable persons while employed or volunteering in a caregiving facility. If found guilty of a misdemeanor or felony offense, offenders face an additional prison sentence of 1 to 10 years. This additional sentence runs consecutively to the original punishment and generally cannot be deferred or suspended. The bill defines "caregiving facilities" broadly to include various health, youth, and educational settings, and "vulnerable persons" as children, vulnerable adults, or incapacitated individuals.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill increases mandatory consecutive sentences for crimes against vulnerable persons, expanding criminal penalties without rehabilitation focus, aligning with 'increases mandatory sentences' indicator.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · Senate May 8, 2025

SB 30: Revise laws related to Judiciary and rule of necessity

SB 30 revises laws concerning judicial conflicts of interest and recusal for judicial officers in legal proceedings. The bill specifies that the legal doctrine of the rule of necessity cannot be used by a judicial officer to avoid recusal due to a conflict of interest if other judicial officers with less significant conflicts are available to serve as substitutes. This change aims to ensure that cases are heard by judges with minimal potential conflicts, building upon existing rules for recusal based on campaign contributions.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill ensures judicial impartiality by mandating recusal when conflicts exist, promoting fair court proceedings in criminal cases per criminal justice reform indicators.85% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

signed · Montana · Senate May 8, 2025

SB 508: Generally revise driving under the influence laws for THC levels in drivers under 21

SB 508 revises Montana's driving under the influence (DUI) laws concerning tetrahydrocannabinol (THC) for younger drivers. This bill establishes that for individuals under 21 years of age, having any detectable amount of THC in their system constitutes a DUI offense. This means there is no specific THC concentration threshold for drivers under 21, unlike the 5 ng/ml limit for adult drivers. The change applies to any amount of THC, excluding inactive metabolites, found in a driver under 21.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill eliminates THC threshold for under-21 DUI, expanding criminalization by making any detectable THC a violation without requiring impairment evidence.92% confidence ✓ TransportationSupports TransportationBill establishes zero-tolerance THC DUI for drivers under 21, directly enhancing traffic safety under Motor Vehicles/Transportation subject category.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

passed both · Montana · Senate May 6, 2025

SJ 36: Study dependent neglect standards for prosecutors

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill proposes study to standardize prosecution of child neglect/abuse cases, aiming to improve consistency, due process, and outcomes - aligning with criminal justice reform goals.85% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

Track

signed · Montana · House May 5, 2025

HB 710: Generally revise laws related to the judiciary

HB 710 revises laws related to the judiciary. It allows Supreme Court justices or District Court judges to issue subpoenas at the request of Internet Crimes Against Children task force officers for investigations into the sexual exploitation of a minor, enabling access to specific digital information. The bill also allocates the Judicial Standards Commission to the Department of Justice for administrative purposes and prohibits a judge on the commission from serving as its presiding officer. Furthermore, it establishes that a legislative act challenged as unconstitutional must be upheld by courts unless the challenger demonstrates its unconstitutionality "beyond a reasonable doubt."

Topics ✓ Criminal JusticeSupports Criminal JusticeBill enables law enforcement access to digital evidence via judicial subpoenas for child exploitation cases, strengthening investigations. Reorganizes judicial oversight to enhance court integrity within criminal justice system.85% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

signed · Montana · House May 5, 2025

HB 493: Establish the crime of possession of stolen firearm or ammunition

HB 493 establishes a new criminal offense for the purposeful and knowing possession, receipt, concealment, storage, sale, or disposal of a stolen firearm or stolen ammunition. Individuals convicted of possessing a stolen firearm may face imprisonment in state prison for up to 10 years. The bill also amends existing law to allow youths aged 16 or older accused of this new offense to be tried in adult court. Additionally, it includes possession of a stolen firearm or ammunition in the definition of offenses that can constitute a "pattern of criminal street gang activity."

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates new felony with 10-year prison term for stolen firearm possession, expands criminalization, and allows 16+ youth to be tried as adults, increasing penalties and restricting defendant rights.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House May 5, 2025

HB 503: Generally revise traffic laws regarding evading or fleeing a peace officer

HB 503 revises existing traffic laws concerning fleeing from or eluding a peace officer. It categorizes this offense into a misdemeanor, an aggravated felony, and a felony if serious bodily injury or death occurs. The bill defines aggravated fleeing to include factors such as previous convictions, reckless driving behavior, causing over $5,000 in property damage, or leaving the state. It establishes specific penalties, including varying terms of imprisonment and fines, for individuals convicted of each level of the offense.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill increases penalties for fleeing officers, categorizing it as felony with aggravated factors, expanding criminalization and mandatory sentencing.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House May 5, 2025

HB 595: Revise qualifications for teachers of adult basic education or high school equivalency programs at state correctional institutions

HB 595 establishes a Montana correctional education program within the Department of Corrections, directly affecting inmates in state prisons by providing opportunities for high school equivalency and adult basic education. The bill outlines specific qualifications for instructors in these programs, requiring them to be at least 18 years old, of good moral character, and possess an associate degree, bachelor's degree, a teaching certificate from another state, or prior teaching experience. It explicitly states that the Department of Corrections cannot require these instructors to hold a Montana teacher certificate. The Department of Corrections is authorized to adopt policies determining which inmates are eligible to participate.

Topics ✓ Criminal JusticeSupports Criminal JusticeEstablishes prison education program to improve inmate rehabilitation and reduce recidivism through structured educational opportunities in correctional facilities.90% confidence ✓ EducationSupports EducationCreates correctional education program with qualified instructors, expanding access to high school equivalency for inmates, directly advancing educational access within the topic.90% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

signed · Montana · House May 5, 2025

HB 344: Revise criminal laws.

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill creates new DUI offense for drugs (non-alcohol/marijuana), expanding criminalization. This aligns with 'oppose' indicator of expanding criminalization.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice