Criminal Justice

signed · Montana · Senate May 16, 2025

SB 348: Revise laws on sexual assault

SB 348 revises laws related to sexual assault, primarily by increasing penalties for offenders. The bill raises the maximum fines and imprisonment terms for first, second, and third or subsequent convictions of sexual assault. A key provision mandates that individuals convicted of a second sexual assault offense must register as a sexual offender. These changes directly affect individuals convicted of sexual assault by strengthening legal consequences for the crime.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases penalties, mandates registration for second offenses, expanding criminalization and harsher sentencing per bill's explicit language.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · Senate May 16, 2025

SB 413: Criminalize disclosure of certain explicit AI-generated media

Senate Bill 413 creates the crime of "disclosing explicit synthetic media," also known as deepfakes, directly affecting individuals who create or share AI-generated content and protecting those falsely depicted. The bill makes it an offense to knowingly share synthetic media portraying an identifiable person engaged in sexual conduct or depicting intimate body parts without their consent, if it would cause substantial emotional distress. It also criminalizes disclosing such media with intent to harass or threaten, or possessing and threatening to disclose it for extortion. Penalties include fines and jail time, with increased penalties for repeat offenses or if the depicted person is under 18, though exceptions exist for reporting crimes, research, or legal proceedings.

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates new criminal offense for non-consensual deepfake disclosure, expanding criminalization under Crimes/Criminal Procedure subjects95% confidence ✗ TechnologyOpposes TechnologyCriminalizes non-consensual deepfake sharing, restricting AI media use to prevent harm without advancing tech innovation or privacy protections.92% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House May 15, 2025

HB 396: Generally revise bail laws

HB 396 revises existing laws concerning bail for arrested individuals. It requires that a person must appear before a judge in a court of record before being admitted to bail, and it clarifies that interstate agreements apply in certain situations. The bill expands the criteria courts must consider when deciding whether to release or detain a defendant, adding factors like the defendant's history of absconding and the costs incurred by a government to transport them. Furthermore, it revises the factors for determining the amount of bail, including ensuring protection from bodily injury and considering a defendant's prior abscondence history.

Topics ✗ Criminal JusticeOpposes Criminal JusticeExpands detention criteria (absconding history, transport costs), potentially restricting pretrial release and defendant rights per indicators.75% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes 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

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signed · Montana · House May 13, 2025

HB 582: Generally revise criminal law

HB 582 revises laws related to criminal sentencing in Montana. It allows district courts to deny credit for elapsed time in certain revocation proceedings involving multiple violations. The bill also clarifies that offenders are eligible for credit for time served before sentencing, provided the custody is attributable to proceedings for the same conduct for which they were convicted. Additionally, it adjusts the maximum periods for suspended sentences and community supervision for various felony offenses, including specific limits for sexual, violent, and drug offenders. These changes affect individuals convicted of crimes and the judicial process for imposing sentences.

Topics ✗ Criminal JusticeOpposes Criminal JusticeAllows courts to deny credit for time in revocation proceedings for multiple violations, potentially lengthening sentences and restricting defendant rights.85% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House May 13, 2025

HB 707: Require Corrections to consider inmate family connections during placement

HB 707 requires the Department of Corrections to consider an inmate's attachment to family when making placements or transfers to correctional institutions located outside of the state. This aims to allow inmates to maintain connections with their families, affecting those in state prisons who are moved out-of-state. The bill mandates the department to assess the inmate's ability to maintain these attachments during such placements. It also integrates this new requirement into existing law governing contracts for inmate confinement, particularly when dealing with excessive inmate populations or a lack of adequate state facilities.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires family connection consideration in inmate placement to promote rehabilitation and reduce recidivism, aligning with criminal justice reform indicators.95% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

signed · Montana · House May 8, 2025

HB 332: Generally revise youth court laws

HB 332 revises youth court laws by expanding the types of offenses for which youth may be tried directly in district court, rather than youth court. It specifies age thresholds for these offenses, which include serious crimes like homicide, sexual assault, and drug distribution. The bill allows a youth to waive the right to a transfer hearing, which determines if their case should move back to youth court. It also details the criteria for a district court to transfer a case back to youth court and outlines sentencing and detention procedures for youth prosecuted in the adult system.

Topics ✗ Criminal JusticeOpposes Criminal JusticeMoves serious youth offenses to adult court, bypasses youth court protections, and eliminates transfer hearing waivers, reducing rehabilitative options for minors.85% confidence | Rep's Stance ✓ Voted Yes ✗ 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 · House May 6, 2025

HJ 1: Resolution urging Congress to fully fund law enforcement in Indian Country

House Joint Resolution 1 (HJ 1) is a resolution from the Montana Legislature urging the United States Congress to fully fund public safety and law enforcement agencies and programs within Montana's Indian reservations. It also calls on the U.S. Department of Justice to collaborate with the Department of the Interior and consult with tribal governments to improve the administration and funding of tribal justice systems, including courts and victim services. The resolution further invites Montana's tribal governments and requests the Governor to send supporting communications to Congress, which the Montana Secretary of State will then compile and forward.

Topics ✓ Budget & TaxesSupports Budget & TaxesBill explicitly urges full federal funding for law enforcement and tribal justice systems, directly advocating for increased government spending on essential public safety programs.95% confidence ✓ Criminal JusticeSupports Criminal JusticeBill explicitly urges full funding for tribal law enforcement and justice systems (courts, victim services), directly strengthening criminal justice infrastructure per resolution language.95% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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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

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