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.
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.
SB 19 revises sentencing laws for several offenses, including theft, failure to return rented or leased personal property, issuing bad checks, deceptive practices, forgery, and identity theft. The bill directly affects individuals charged with these crimes by modifying the legal framework for their penalties. A key provision of the bill is raising the monetary thresholds that determine the severity of penalties for these offenses. It also revises the definition of "common scheme" within the state's legal code.
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.
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.
HB 503 revises existing traffic laws concerning fleeing from or eluding a peace officer. It categorizes this offense into a misdemeanor, an aggravated felony, and a felony if serious bodily injury or death occurs. The bill defines aggravated fleeing to include factors such as previous convictions, reckless driving behavior, causing over $5,000 in property damage, or leaving the state. It establishes specific penalties, including varying terms of imprisonment and fines, for individuals convicted of each level of the offense.
HB 595 establishes a Montana correctional education program within the Department of Corrections, directly affecting inmates in state prisons by providing opportunities for high school equivalency and adult basic education. The bill outlines specific qualifications for instructors in these programs, requiring them to be at least 18 years old, of good moral character, and possess an associate degree, bachelor's degree, a teaching certificate from another state, or prior teaching experience. It explicitly states that the Department of Corrections cannot require these instructors to hold a Montana teacher certificate. The Department of Corrections is authorized to adopt policies determining which inmates are eligible to participate.
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.
