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.
HB 621 allows local first responder entities, including police departments, sheriff's offices, fire departments, and emergency medical service providers, to establish peer support programs. These programs must have a written policy that outlines qualifications for peer supporters, defines peer support sessions, and ensures confidentiality for participants. The bill prohibits qualified peer supporters from testifying about the content of peer support sessions, with exceptions if an employee has committed or plans a crime, or indicates intent to harm themselves or others.
HB 575 revises the circumstances under which a public defender may be assigned in court proceedings. It specifically authorizes courts to assign a public defender to a parent facing involuntary termination of their parental rights. The bill also allows courts to order a public defender to serve as a member of a treatment court team. These changes expand the scope of public defender services to include these specific situations.
House Bill 140 establishes a property tax assistance program for certain first responders and their surviving spouses. It provides a reduction in residential property taxes for law enforcement officers and firefighters who were injured in the line of duty. Unmarried surviving spouses of first responders killed in the line of duty are also eligible for this assistance. The amount of the tax reduction is determined by the applicant's income, with lower incomes receiving a greater benefit. Eligibility requires the property to be the primary residence and the first responder to meet specific criteria related to their line-of-duty injury or death.
SB 348 revises laws related to sexual assault, primarily by increasing penalties for offenders. The bill raises the maximum fines and imprisonment terms for first, second, and third or subsequent convictions of sexual assault. A key provision mandates that individuals convicted of a second sexual assault offense must register as a sexual offender. These changes directly affect individuals convicted of sexual assault by strengthening legal consequences for the crime.
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 396 revises existing laws concerning bail for arrested individuals. It requires that a person must appear before a judge in a court of record before being admitted to bail, and it clarifies that interstate agreements apply in certain situations. The bill expands the criteria courts must consider when deciding whether to release or detain a defendant, adding factors like the defendant's history of absconding and the costs incurred by a government to transport them. Furthermore, it revises the factors for determining the amount of bail, including ensuring protection from bodily injury and considering a defendant's prior abscondence history.
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.
HB 582 revises laws related to criminal sentencing in Montana. It allows district courts to deny credit for elapsed time in certain revocation proceedings involving multiple violations. The bill also clarifies that offenders are eligible for credit for time served before sentencing, provided the custody is attributable to proceedings for the same conduct for which they were convicted. Additionally, it adjusts the maximum periods for suspended sentences and community supervision for various felony offenses, including specific limits for sexual, violent, and drug offenders. These changes affect individuals convicted of crimes and the judicial process for imposing sentences.
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.
