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

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 Apr 25, 2025

HB 267: Revise DUI laws related to enacting Bobby's law

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates mandatory prison terms for DUI-related deaths, expanding criminalization and increasing sentencing severity95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · Senate Apr 18, 2025

SB 101: Revise laws related to squatting

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates new criminal offense for squatting with misdemeanor penalties, expanding criminalization per OPPOSE indicators.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · Senate Apr 17, 2025

SB 132: Generally revise minor in possession laws

SB 132 revises laws for individuals under 21 years of age who possess or unlawfully attempt to purchase alcohol, marijuana, or other intoxicating substances. The bill creates separate crimes for these actions and establishes a tiered penalty system based on the offender's age and the number of prior offenses. Penalties include fines, community service, and mandatory participation in substance abuse information courses, with parents or guardians also required to complete courses for offenders under 18. Repeat offenders may face driver's license confiscation or suspension, chemical dependency assessments, and potential jail time for those 18 and older.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill replaces punitive penalties with substance abuse education and community service for minors, promoting rehabilitation over incarceration in minor possession cases.95% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

signed · Montana · Senate Apr 17, 2025

SB 261: Generally revise endangering the welfare of children

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeExpands criminalization by creating new offenses (e.g., exposing children to marijuana) and aligns with 'oppose' indicator of expanding criminalization.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice