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.
SB 127, introduced in Montana, would have allowed individuals to defend themselves against serious crimes like assault, robbery, or kidnapping using reasonable force without facing legal jeopardy. The key provision required prosecutors to reimburse defendants for attorney fees and out-of-pocket costs if they successfully defended themselves in court and were not convicted of the specific charge. This reimbursement would come from the prosecutor’s budget, not the defendant, but only for cases where the self-defense argument succeeded. The bill died in the legislative process after failing its third reading in March 2025 and did not become law.
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 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 93 sought to establish a system for compensating individuals who were wrongly convicted of felony crimes and later exonerated. It would allow eligible claimants, defined as those imprisoned for felonies they did not commit, to file a civil action against the state or county of conviction. To receive compensation, claimants would need to prove their actual innocence by a preponderance of the evidence and waive other legal remedies against the state. The bill also provided for a $5,000 transition assistance grant, expungement of the conviction, and outlined how damages and legal costs would be paid, excluding compensation for crimes that are now legal.
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.
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.
