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.
HB 521 revises civil liability laws by establishing that a person convicted of a crime has no legal right to sue for injuries or other damages they sustained during the commission of that crime. This means individuals cannot recover damages through a civil lawsuit if their injuries occurred while they were actively committing a crime for which they were later convicted. The bill specifies that this new provision will be codified as part of Title 27, chapter 1, part 5 of the state's legal code.
HB 102 revises the laws governing the Office of State Public Defender, affecting its organizational structure and operations. It establishes a distinction between "conflict" and "nonconflict" regional public defender offices and updates the duties of various division administrators. Key provisions include new responsibilities for administrators in developing strategic plans, managing caseloads, and establishing policies for assigning cases based on experience and complexity, including capital cases. The bill also modifies the Central Services Division's role to include managing contracted services and agency training efforts. These changes aim to clarify how public defense services are delivered to indigent clients.
House Bill 475 restricts the use of physical restraints on inmates known to be pregnant during labor and delivery. It generally prohibits restraints unless there are extraordinary circumstances, such as an individualized determination that the inmate is a flight risk or poses a clear threat to themselves or others. Even in these cases, leg or waist restraints are strictly prohibited. The bill also requires that any applied restraints be the least restrictive necessary and removed when the risk is mitigated or at the request of a healthcare professional.
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 612 revises criminal procedure laws concerning the revocation of suspended or deferred sentences, impacting offenders who violate their probation terms. The bill mandates that if a suspended or deferred sentence is revoked, any new sentence imposed will run consecutively to an existing sentence, unless the original sentence was already running concurrently. It also outlines procedures for revocation hearings, including offender rights and the prosecution's burden of proof. Additionally, the bill defines specific types of violations, such as "absconding" and "compliance violations," and applies these provisions to all offenders facing sentence revocation.
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 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 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.
