House Bill 542 aims to revise the penalties for individuals convicted of driving under the influence (DUI) offenses. It increases the minimum imprisonment terms for first convictions from 24 to 72 consecutive hours, and for second convictions from 7 to 30 days. While the bill's title indicates an intent to reclassify a third DUI offense as a felony, the provided text
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.
HB 635 proposes to prohibit state and local government agencies from funding, establishing, or supporting Diversity, Equity, and Inclusion (DEI) programs. It would prevent these agencies from requiring employees to participate in DEI programs or spending public funds on related services or staff. The bill defines DEI programs as activities that focus on describing power structures, methods to dismantle them, or advancing theories like implicit bias or systemic oppression. However, it includes exceptions for complying with federal law, specific state human rights laws, court orders, and offering sexual harassment training. This legislation directly affects state and local government agencies and their employees in Montana.
HB 621 allows local first responder entities, including police departments, sheriff's offices, fire departments, and emergency medical service providers, to establish peer support programs. These programs must have a written policy that outlines qualifications for peer supporters, defines peer support sessions, and ensures confidentiality for participants. The bill prohibits qualified peer supporters from testifying about the content of peer support sessions, with exceptions if an employee has committed or plans a crime, or indicates intent to harm themselves or others.
HB 575 revises the circumstances under which a public defender may be assigned in court proceedings. It specifically authorizes courts to assign a public defender to a parent facing involuntary termination of their parental rights. The bill also allows courts to order a public defender to serve as a member of a treatment court team. These changes expand the scope of public defender services to include these specific situations.
HB 117 establishes project priorities for the state's criminal justice data warehouse, affecting the Board of Crime Control, the Criminal Justice Oversight Council, and various state and local criminal justice agencies. It directs the Board of Crime Control to focus on tasks like creating unique identifiers to link data across agencies, acquiring specialized software for data management, and integrating more local criminal justice data. The bill also mandates regular reporting on progress to legislative committees and appropriates over $1.4 million in general funds for software, staff positions, and judicial data contributions.
HB 745 revises school laws to enhance student safety by requiring new policies and background checks. It mandates that school districts adopt a student protection policy, which includes conducting fingerprint-based national criminal history background checks. These checks are required for any individual, regardless of employment status, who may have unsupervised contact with students. The bill also requires background checks for educator licensure, and non-compliant districts must submit a correction plan to the Superintendent of Public Instruction.
SB 393 appropriates $6 million from the state's general fund for the biennium starting July 1, 2025, to reimburse expenditures related to felony criminal jurisdiction on the Flathead Indian Reservation. The funding is distributed to Lake County and the Confederated Salish and Kootenai Tribes. Initial funds are contingent upon Lake County rescinding its resolution to withdraw from Public Law 280. Further distributions require an agreement between the state, Lake County, and the Tribes addressing cost-sharing for Public Law 280 implementation within Lake County, and Lake County's ability to withdraw consent for jurisdiction is restricted until at least June 2027.
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.
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.