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

signed · Montana · Senate May 8, 2025

SB 217: Establish work time credit for probationers and parolees

SB 217 establishes a system for probationers and parolees to reduce their supervision period by earning "work time credit." Individuals can earn 1 day of credit for every 40-hour workweek of eligible employment, provided they comply with all supervision conditions and are current on court-ordered payments. Probationers and parolees must provide documentation of their employment for verification by their supervising officer. However, any awarded credit can be revoked if the individual violates a supervision condition or is charged with a new felony or serious misdemeanor offense. This credit system does not apply to individuals under lifetime supervision or those required to register as sexual or violent offenders.

Topics ✓ Criminal JusticeSupports Criminal JusticeReduces supervision time via work credits, promoting rehabilitation and reducing recidivism - key criminal justice reform indicators.90% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

signed · Montana · Senate May 8, 2025

SB 282: Limit state government use of personal electronic data

SB 282 revises state and local government's ability to obtain and use electronic communications and data from electronic devices. The bill prohibits governmental entities from purchasing various types of electronic data, such as geolocation or sensitive data, without a search warrant or investigative subpoena. It generally requires a search warrant to obtain stored data from an electronic device or to compel disclosure of electronic communications from service providers, though exceptions exist for situations like owner consent or emergencies. Evidence obtained in violation of these provisions would be inadmissible, and collected communications must be deleted after the conclusion of criminal proceedings.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires warrants for government data access, protecting privacy rights and limiting law enforcement overreach in criminal investigations per Criminal Procedure subject.90% confidence ✓ TechnologySupports TechnologyRequires warrants for government access to electronic data, strengthening privacy protections per bill's core provisions on data collection limits.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports 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 Yes ✓ Supports 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 · Senate May 8, 2025

SB 444: Generally revise criminal procedure laws

SB 444 revises criminal procedure laws related to search warrants. It amends existing law to require law enforcement officers to show a search warrant to a known lawful occupant of a property when a search is being conducted. This change ensures that occupants present during a search are directly presented with the warrant. The bill maintains the requirement for officers to provide a copy of the warrant and a receipt for any seized property.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires officers to show warrant to lawful occupant, protecting civil rights and enhancing police accountability during searches.90% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

signed · Montana · Senate May 8, 2025

SB 70: Generally revise laws related to supervision on probation

SB 70 revises laws related to conditions of probation and parole supervision. The bill allows a probation and parole officer to remove a condition of supervision without a formal court hearing if the sentencing court, probationer, or county attorney does not object. This change requires the Department of Corrections to notify victims when such a condition is removed. It streamlines the process for adjusting probation conditions, directly affecting individuals under supervision, probation officers, and victims.

Topics ✓ Criminal JusticeSupports Criminal JusticeStreamlines probation condition adjustments without court hearings, reducing bureaucratic delays and supporting rehabilitation-focused supervision.85% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

passed both · Montana · House May 6, 2025

HJ 1: Resolution urging Congress to fully fund law enforcement in Indian Country

House Joint Resolution 1 (HJ 1) is a resolution from the Montana Legislature urging the United States Congress to fully fund public safety and law enforcement agencies and programs within Montana's Indian reservations. It also calls on the U.S. Department of Justice to collaborate with the Department of the Interior and consult with tribal governments to improve the administration and funding of tribal justice systems, including courts and victim services. The resolution further invites Montana's tribal governments and requests the Governor to send supporting communications to Congress, which the Montana Secretary of State will then compile and forward.

Topics ✓ Budget & TaxesSupports Budget & TaxesBill explicitly urges full federal funding for law enforcement and tribal justice systems, directly advocating for increased government spending on essential public safety programs.95% confidence ✓ Criminal JusticeSupports Criminal JusticeBill explicitly urges full funding for tribal law enforcement and justice systems (courts, victim services), directly strengthening criminal justice infrastructure per resolution language.95% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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passed both · Montana · House May 6, 2025

HJ 45: Interim study on the impact collateral consequences have on criminal record expungement

HJ 45 is a joint resolution requesting an interim study in Montana on the impact of collateral consequences on criminal record expungement. The study will investigate challenges faced by individuals with expunged criminal records, particularly concerning employment and housing barriers due to existing laws, online information, and discrimination. It aims to review current expungement laws, analyze outcomes for individuals with expunged records, and examine practices in other states. The study will suggest specific changes to state law to address these barriers and report its findings to the 70th Legislature in the form of introduced legislation.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill studies collateral consequences affecting expungement, aiming to address employment/housing barriers and reform laws - aligns with criminal justice reform goals.85% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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passed both · Montana · Senate May 6, 2025

SJ 36: Study dependent neglect standards for prosecutors

Senate Joint Resolution 36 (SJ 36) requests an interim study on standardizing the prosecution of dependent neglect and child abuse cases in Montana. The study will evaluate the feasibility of expanding the Department of Justice's Child Protection Unit to handle these cases statewide. This aims to address inconsistencies in how these cases are currently handled across different judicial districts. The goal is to improve outcomes for children, ensure due process for all parties, and enhance the overall effectiveness and fairness of Montana's child welfare system. The final results of this study will be reported to the 70th Legislature.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill proposes study to standardize prosecution of child neglect/abuse cases, aiming to improve consistency, due process, and outcomes - aligning with criminal justice reform goals.85% confidence | Rep's Stance ✓ Voted Yes ✓ Supports Criminal Justice

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