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.
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.
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.
HB 521 revises civil liability laws by establishing that a person convicted of a crime has no legal right to sue for injuries or other damages they sustained during the commission of that crime. This means individuals cannot recover damages through a civil lawsuit if their injuries occurred while they were actively committing a crime for which they were later convicted. The bill specifies that this new provision will be codified as part of Title 27, chapter 1, part 5 of the state's legal code.
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."
HB 102 revises the laws governing the Office of State Public Defender, affecting its organizational structure and operations. It establishes a distinction between "conflict" and "nonconflict" regional public defender offices and updates the duties of various division administrators. Key provisions include new responsibilities for administrators in developing strategic plans, managing caseloads, and establishing policies for assigning cases based on experience and complexity, including capital cases. The bill also modifies the Central Services Division's role to include managing contracted services and agency training efforts. These changes aim to clarify how public defense services are delivered to indigent clients.
HB 415 revises the laws concerning a judge's ability to admit defendants to bail. The bill specifically limits a judge's authority to grant or continue bail for individuals who have an active warrant from another jurisdiction. This means defendants with outstanding warrants from other jurisdictions will not be eligible for bail in the current proceeding.
HB 612 revises criminal procedure laws concerning the revocation of suspended or deferred sentences, impacting offenders who violate their probation terms. The bill mandates that if a suspended or deferred sentence is revoked, any new sentence imposed will run consecutively to an existing sentence, unless the original sentence was already running concurrently. It also outlines procedures for revocation hearings, including offender rights and the prosecution's burden of proof. Additionally, the bill defines specific types of violations, such as "absconding" and "compliance violations," and applies these provisions to all offenders facing sentence revocation.
HB 344 establishes a new type of driving under the influence (DUI) offense. This offense applies to both noncommercial and commercial drivers found to have a specified amount of prohibited substances, other than alcohol or marijuana, in their blood or other bodily fluids while operating a vehicle. The bill amends existing laws regarding drug concentration standards, driver rehabilitation program eligibility, and penalties for driving with a suspended or revoked license to incorporate this new offense.
HB 267, also known as "Bobby's Law," creates the new crime of aggravated vehicular homicide while under the influence. This bill applies to individuals who negligently cause another person's death while operating a vehicle under the influence of alcohol or drugs. Upon conviction, offenders face mandatory imprisonment ranging from 3 to 30 years, a fine between $10,000 and $50,000, or both. A key provision is that the imposition of this sentence cannot be deferred, meaning it must be served immediately upon conviction. The bill also updates existing statutes to include this new offense as a "serious crime" and to reflect the non-deferrable sentencing.
