Criminal Justice

signed · Montana · Senate May 13, 2025

SB 19: Revise sentencing laws related to theft

SB 19 revises sentencing laws for several offenses, including theft, failure to return rented or leased personal property, issuing bad checks, deceptive practices, forgery, and identity theft. The bill directly affects individuals charged with these crimes by modifying the legal framework for their penalties. A key provision of the bill is raising the monetary thresholds that determine the severity of penalties for these offenses. It also revises the definition of "common scheme" within the state's legal code.

Topics ✓ Criminal JusticeSupports Criminal JusticeRaising monetary thresholds for theft penalties reduces severity of charges, aligning with criminal justice reform goals of reducing non-violent incarceration.90% confidence | Rep's Stance ✗ Voted No ✗ 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 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 Apr 7, 2025

HB 82: Generally revise laws related to crimes against children

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases mandatory 100-year sentences and expands criminalization of child-related offenses, aligning with 'oppose' indicators of harsher penalties.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House Apr 7, 2025

HB 191: Revise crime of endangering welfare of child

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.

Topics ✓ Criminal JusticeSupports Criminal JusticeCreates new misdemeanor offense for domestic violence near children, strengthening legal accountability and protection for minors under criminal justice framework.90% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

signed · Montana · House Mar 27, 2025

HB 44: Revise laws related to tampering with evidence connected to a homicide

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases penalties for evidence tampering from 10 to 40 years, expanding criminalization and stricter sentencing per 'oppose' indicators.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice