Criminal Justice (Sentencing)

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.

HB 287 proposes to revise laws concerning dangerous drugs, primarily by introducing enhanced penalties. It establishes additional prison sentences for individuals who knowingly possess or use a firearm while committing offenses related to the criminal distribution or possession with intent to distribute dangerous drugs. The bill also sets specific, stricter penalties for the distribution or possession with intent to distribute fentanyl and similar substances, including mandatory minimum prison terms for certain quantities. Additionally, it clarifies that fines can be imposed alongside imprisonment for criminal distribution of dangerous drugs.

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.

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.

HB 569 sought to revise laws related to perjury and false swearing. The bill proposed changes to the penalties for these offenses, introducing mandatory minimum jail sentences and adjusting maximum terms and fines. For perjury, the punishment would shift from state prison to county jail, while still requiring a minimum 6-month term. For false swearing, new mandatory minimums for jail time and revised fines were introduced. Additionally, the bill mandated that credible allegations of both perjury and false swearing be investigated by an agency independent of the judiciary.