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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died · Montana · House May 20, 2025

HB 709: Create the crime of human smuggling

HB 709 sought to establish the crime of "human smuggling" in Montana, targeting individuals and entities who knowingly transport or harbor people who have unlawfully entered the United States without federal inspection. Individuals convicted of this crime would face penalties including imprisonment, a substantial fine, or both. Entities found guilty would lose their eligibility for certain state tax exemptions. Additionally, the bill included provisions for the criminal forfeiture of property, such as vehicles and funds, if used in or derived from the crime of human smuggling.

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates new crime of human smuggling, expanding criminalization without reform elements per indicators.90% confidence ✗ ImmigrationOpposes ImmigrationBill criminalizes transporting/harboring undocumented immigrants with penalties, increasing state enforcement against activities aiding undocumented individuals, directly opposing immigrant protections.95% confidence | Rep's Stance ✓ Voted Yes ✗ 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 348: Revise laws on sexual assault

SB 348 revises laws related to sexual assault, primarily by increasing penalties for offenders. The bill raises the maximum fines and imprisonment terms for first, second, and third or subsequent convictions of sexual assault. A key provision mandates that individuals convicted of a second sexual assault offense must register as a sexual offender. These changes directly affect individuals convicted of sexual assault by strengthening legal consequences for the crime.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases penalties, mandates registration for second offenses, expanding criminalization and harsher sentencing per bill's explicit language.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 · House May 15, 2025

HB 396: Generally revise bail laws

HB 396 revises existing laws concerning bail for arrested individuals. It requires that a person must appear before a judge in a court of record before being admitted to bail, and it clarifies that interstate agreements apply in certain situations. The bill expands the criteria courts must consider when deciding whether to release or detain a defendant, adding factors like the defendant's history of absconding and the costs incurred by a government to transport them. Furthermore, it revises the factors for determining the amount of bail, including ensuring protection from bodily injury and considering a defendant's prior abscondence history.

Topics ✗ Criminal JusticeOpposes Criminal JusticeExpands detention criteria (absconding history, transport costs), potentially restricting pretrial release and defendant rights per indicators.75% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

vetoed · Montana · House May 13, 2025

HB 605: Revise criminal laws related to strip searches

HB 605 proposed revisions to criminal laws concerning strip searches for individuals entering correctional facilities. The bill would have allowed a person to be subjected to a strip search if they were to be housed in a jail or correctional facility for more than 12 hours. This provision would have created an exception to the existing requirement that individuals arrested for traffic or non-felony offenses can only be strip-searched if there is reasonable suspicion they are concealing a weapon, contraband, or evidence. The change would have permitted strip searches based on the anticipated length of detention, regardless of the initial offense type or specific suspicion for the search.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill removes reasonable suspicion requirement for strip searches in correctional facilities, reducing defendant rights and weakening existing protections.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

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signed · Montana · House May 13, 2025

HB 582: Generally revise criminal law

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeAllows courts to deny credit for time in revocation proceedings for multiple violations, potentially lengthening sentences and restricting defendant rights.85% 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 · House May 8, 2025

HB 332: Generally revise youth court laws

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeMoves serious youth offenses to adult court, bypasses youth court protections, and eliminates transfer hearing waivers, reducing rehabilitative options for minors.85% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice