Criminal Justice

HB 191 amends Montana law to create a new offense for knowingly committing domestic violence (defined as assaults under sections 45-5-202, 45-5-206, 45-5-213, or 45-5-215 against a partner or family member) while a child under 18 is present. This directly affects individuals who commit domestic violence near children, adding a separate misdemeanor charge for the child-witnessing aspect. The law specifies that "in the presence of a child" means the child is physically present or the perpetrator knows the child may see/hear the violence. A conviction carries a fine of $100-$1,000 and/or up to 1 year in jail. This amendment does not change existing domestic violence penalties but creates an additional charge specifically for incidents involving children.

HB 104 expands the investigative authority of agents appointed by Montana's Attorney General. It adds human trafficking, prostitution, and internet crimes against children to the list of offenses these agents can investigate concurrently with local law enforcement. The bill specifically defines "internet crimes against children" to include offenses like sexual assault, child sex trafficking, and other technology-facilitated crimes against minors. This change directly affects Attorney General-appointed agents, clarifying their jurisdiction without creating new penalties or funding. The bill amends Section 44-2-115 of Montana Code Annotated.

HB 75 revises Montana's public safety officer certification standards by requiring appointing authorities (like police departments) to ensure officers complete minimum training within one year of hire. It clarifies that officers must take discipline-specific basic courses if no equivalent course exists, and provides exceptions for military duty (pausing the deadline during service) or valid reasons like illness or course access issues. The bill allows up to 180 days for training extensions, considering factors such as family emergencies or staffing shortages. These changes apply broadly to all public safety officers, including those in specialized roles, and aim to standardize certification requirements across disciplines.