SB 537 revises Montana's marijuana tax revenue distribution, directing funds from the marijuana state special revenue account to new and existing state accounts. It requires transferring excess funds annually to specific accounts, including 12% to the HEART account for addiction treatment and mental health programs, 20% to wildlife habitat projects, and 14% to behavioral health initiatives. The bill also allocates funds for law enforcement canine training, sexual assault evidence kits, and homeless shelter support, while modifying existing transfer rules for agencies like the Department of Fish, Wildlife, and Parks. These changes apply to all state agencies receiving marijuana tax revenue under Montana law.
SB 136 amends Montana's criminal code (Section 45-2-211, MCA) to state that a patient's consent to physician aid in dying is not a defense to a homicide charge against the physician. The bill defines "physician aid in dying" as a physician prescribing a lethal medication for the patient to self-administer, excluding standard comfort care or withholding life-sustaining treatment. This directly affects physicians who provide such aid, making their actions prosecutable as homicide if consent is claimed as a defense. The law takes effect July 1, 2025, and does not impact existing practices of comfort care or end-of-life treatment under Montana law.
SB 164 amends Montana's endangering the welfare of children law to prohibit specific medical treatments for children under 16. The bill bans surgical procedures, puberty blockers, and hormone therapies (like estrogen or testosterone) when used to alter a child's appearance or affirm a gender identity inconsistent with their biological sex. Violating this prohibition is classified as a felony, carrying up to five years in prison and a $10,000 fine, with harsher penalties if the child suffers serious injury. The law would take effect on January 1, 2026, directly affecting medical providers, caregivers, and children under 16 who might receive these treatments.
HB 289 aimed to revise Montana's crime laws by expanding the definition of the offense of endangering the welfare of children. The bill sought to include situations where a child is exposed to the production, manufacture, or direct presence of fentanyl, heroin, or cocaine. This would apply to individuals who knowingly engage in these activities in locations where children might reasonably be present. Violations under this specific provision would be classified as a felony, carrying potential penalties of imprisonment, fines, or both.
HB 116 aimed to allow attorneys, particularly public defenders, to appear remotely in court proceedings. The bill would have required all courts to establish a consistent process for these remote appearances. Public defenders would have been permitted to appear remotely for "nonsubstantive hearings," such as arraignments or bond hearings, where the case's final outcome isn't decided. However, a court could still order an attorney to appear in person if there was "good cause," such as a lack of technological resources, and provided advance notice.
HB 816, titled "Generally revise DUI penalties," aims to update laws related to Driving Under the Influence. The bill proposes to increase penalties for DUI offenses, directly affecting individuals convicted of these crimes. It also includes amendments to the definition of "misdemeanor" and other general definitions within the Montana Code Annotated.
HB 702 creates a new crime for operating drones over Montana correctional facilities without permission, punishable by 1-5 years in prison. It revises assault laws to specifically include intentionally making bodily fluid contact with correctional staff, healthcare providers, or emergency responders during arrests, incarceration, or transport. The bill also updates rules for possessing or transferring prohibited items (like cellphones, drugs, or weapons) into prisons, with harsher penalties for weapons (up to 20 years) and drugs (up to 10 years), while adding clarity about notice requirements for minor contraband. These changes directly affect prison staff, inmates, visitors, and anyone near correctional facilities.
HB 236 aimed to allow mental health evaluations for criminal defendants, used to determine their fitness to proceed in court, to be conducted within detention centers or state prisons. It directed the Department of Public Health and Human Services to create rules for these facilities, covering aspects like defendant care, security for evaluators, and the use of remote communication for examinations. The bill also outlined which entities, such as the courts or public defender's office, would be responsible for covering the costs of these evaluations and related expenses. This would have impacted criminal defendants undergoing such evaluations and the correctional facilities hosting them.
HB 674 proposes to update the responsibilities of Montana's Code Commissioner. It would add a new duty requiring the commissioner to recommend legislation that eliminates laws from the Montana Code that courts have found to be unconstitutional and permanently blocked from being enforced. This change aims to ensure the published code reflects only valid, enforceable statutes. It directly affects the Code Commissioner's review process and the accuracy of the official state legal code.
HB 569 sought to revise laws related to perjury and false swearing. The bill proposed changes to the penalties for these offenses, introducing mandatory minimum jail sentences and adjusting maximum terms and fines. For perjury, the punishment would shift from state prison to county jail, while still requiring a minimum 6-month term. For false swearing, new mandatory minimums for jail time and revised fines were introduced. Additionally, the bill mandated that credible allegations of both perjury and false swearing be investigated by an agency independent of the judiciary.
