Criminal Justice

died · Montana · House May 20, 2025

HB 433: Preserve right to keep and bear arms via a presumption of innocence

HB 433 sought to protect an individual's right to keep and bear arms while awaiting trial. The bill proposed that a person could not be deprived of their Second Amendment or Montana constitutional firearm rights before a conviction. This protection would apply unless the individual was charged with a forcible felony or a crime of violence involving a weapon, as defined in statute 45-2-101. The bill aimed to preserve these rights during the pre-trial phase for most offenses.

Topics ✓ Criminal JusticeSupports Criminal JusticePreserves defendant's firearm rights pre-conviction, aligning with civil rights protection in criminal justice proceedings95% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

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signed · Montana · House May 19, 2025

HB 514: Criminalize use of real and digitally fabricated sexually explicit images

HB 514 revises Montana's privacy in communications laws, specifically targeting the non-consensual use of sexually explicit images. The bill makes it an offense to publish, distribute, or disclose real or "digitally fabricated" sexually explicit images of an identifiable person without their consent, especially with intent to harm or extort. It also criminalizes possessing and threatening to disclose such images to obtain money or valuables. "Digitally fabricated" is defined as media created using technical means, like artificial intelligence, to falsely depict an individual engaging in sexual conduct. Penalties for these offenses range from a misdemeanor for a first conviction to a felony for subsequent convictions.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill criminalizes non-consensual sharing of explicit images, expanding criminalization scope. Aligns with 'oppose' indicator of expanded criminalization.85% confidence ✓ TechnologySupports TechnologyCriminalizes non-consensual distribution of explicit images (including digitally fabricated), strengthening data privacy protections under Information Technology subjects.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 · Senate May 13, 2025

SB 296: Enhance penalty for crime against vulnerable person

SB 296, known as "Alan's Law," establishes an enhanced penalty for individuals who commit offenses against vulnerable persons while employed or volunteering in a caregiving facility. If found guilty of a misdemeanor or felony offense, offenders face an additional prison sentence of 1 to 10 years. This additional sentence runs consecutively to the original punishment and generally cannot be deferred or suspended. The bill defines "caregiving facilities" broadly to include various health, youth, and educational settings, and "vulnerable persons" as children, vulnerable adults, or incapacitated individuals.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill increases mandatory consecutive sentences for crimes against vulnerable persons, expanding criminal penalties without rehabilitation focus, aligning with 'increases mandatory sentences' indicator.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes 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

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