HB 50 protects parents and pregnant women with drug use disorder by preventing child welfare investigations or custody actions solely based on positive drug test results. It amends Montana law to shield individuals seeking treatment or prenatal care from criminal charges related to drug use, and prohibits using drug test results alone to initiate child abuse cases or remove children from homes. The bill directly affects pregnant women, parents, healthcare providers, and child welfare systems by ensuring medical care access isn't penalized. Key provisions include immunity for seeking overdose help and requiring medical evaluation as the primary factor in child welfare decisions.
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.
HB 912 proposes creating a new secure forensic facility in Montana, overseen by the Department of Public Health and Human Services. This facility would provide care, treatment, and security for up to 70 individuals involved in the legal system due to mental illness, including those needing competency restoration or forensic evaluations. The bill allocates $60 million from the Behavioral Health System for Future Generations Fund to plan, construct, and equip this facility, while also expanding the fund's uses to support new behavioral health infrastructure.
HB 609 sought to establish the criminal offense of "abortion trafficking." It would prohibit any person from purposely or knowingly transporting an unborn child from Montana, either within or outside the state, to obtain an abortion that is illegal under Montana law. Individuals convicted of this offense could face fines up to $1,000, imprisonment for up to five years, or both. The bill also included a provision allowing penalties to be imposed against the mother of an unborn child for violating this specific trafficking offense, which is an exception to general prohibitions against penalizing women for abortion-related acts.
HB 896 aimed to expand Montana's obstructing justice laws by redefining who is considered "an offender." Under this bill, "an offender" would include individuals who have entered the United States unlawfully or have not complied with their immigration status conditions. Consequently, a person could be charged with obstructing justice for knowingly harboring, assisting, or preventing the discovery or apprehension of such individuals. The bill also included a $500 appropriation to the Department of Justice to notify local law enforcement agencies and county attorneys about these new requirements.
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 577 proposes a change to the appointment and tenure of the state Highway Patrol Chief. Currently, the Chief holds office until termination for cause. This bill would amend existing law to state that the Highway Patrol Chief would instead "serve at the pleasure of the attorney general." This means the Attorney General could remove the Chief without needing to show cause, and this change would apply to any new appointments made on or after the bill's effective date.
HB 237 would prohibit the placement of certain sentenced defendants in the state forensic mental health facility at Galen. The bill amends existing law to specify that individuals found to have a mental disease, disorder, or developmental disability at the time of their offense, and who are committed for treatment, cannot be placed at the Galen facility. Instead, these defendants could be placed in other appropriate correctional, mental health, residential, or developmental disabilities facilities for their custody, care, and treatment. The director of the department would retain the authority to transfer individuals between these alternative facilities.
HB 460 proposed a constitutional amendment in Montana to allow citizens in any county to call for a grand jury. Currently, grand juries are impaneled at the discretion of a district judge. The bill would have required a grand jury to be summoned if a petition signed by a specific percentage of registered electors in a county was submitted. It also mandated that county attorneys prosecute indictments from these citizen-initiated grand juries and allowed the grand jury to seek assistance from the Attorney General or hire a private prosecutor if necessary.
HB 437 would have allowed health care providers in Montana to request the dismissal of criminal charges related to their professional conduct. If a provider filed such a motion, the state would be required to prove in court that the provider's actions were knowingly or purposely committed, not merely negligent, and that they were outside the accepted standards of care. If the state failed to meet this burden of proof, the court would dismiss the complaint, information, or indictment against the health care provider. The bill aimed to provide protections for health care providers.
