SB 40 would require Montana's Supreme Court to publicly disclose its deliberations by mandating recordings of closed meetings and making those records available after a case is final. It amends Montana law (sections 2-3-203, 2-3-212, and 2-6-1002, MCA) to ensure closed judicial discussions - currently private - are recorded and accessible to the public once all appeals are exhausted. The bill directly affects the Montana Supreme Court's internal proceedings and expands public access to judicial decision-making. Key provisions include requiring electronic recordings of closed meetings, redacting only confidential information as defined by law, and specifying that cases become final after all review periods expire.
HB 921 is a proposed constitutional amendment that would allow Montana to prohibit and punish the distribution or receipt of child pornography violating federal laws, while creating a private right for individuals to sue violators. It directly affects Montana state and local governments (who could enforce these prohibitions) and any person harmed by such violations (who could file lawsuits). Key provisions include overriding conflicting state laws to enable state enforcement of federal child pornography statutes and granting courts authority to award injunctive relief and attorney fees in successful lawsuits. The amendment requires voter approval at the 2026 general election and would not change existing federal laws, merely enabling Montana to align its enforcement with federal standards.
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 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 460 proposed a constitutional amendment in Montana to allow citizens in any county to call for a grand jury. Currently, grand juries are impaneled at the discretion of a district judge. The bill would have required a grand jury to be summoned if a petition signed by a specific percentage of registered electors in a county was submitted. It also mandated that county attorneys prosecute indictments from these citizen-initiated grand juries and allowed the grand jury to seek assistance from the Attorney General or hire a private prosecutor if necessary.
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.
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.
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.
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.
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.
