Criminal Justice

vetoed · Montana · House May 13, 2025

HB 605: Revise criminal laws related to strip searches

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill removes reasonable suspicion requirement for strip searches in correctional facilities, reducing defendant rights and weakening existing protections.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

Track

signed · Montana · House May 13, 2025

HB 582: Generally revise criminal law

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeAllows courts to deny credit for time in revocation proceedings for multiple violations, potentially lengthening sentences and restricting defendant rights.85% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · Senate May 8, 2025

SB 508: Generally revise driving under the influence laws for THC levels in drivers under 21

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill eliminates THC threshold for under-21 DUI, expanding criminalization by making any detectable THC a violation without requiring impairment evidence.92% confidence ✓ TransportationSupports TransportationBill establishes zero-tolerance THC DUI for drivers under 21, directly enhancing traffic safety under Motor Vehicles/Transportation subject category.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

passed both · Montana · House May 6, 2025

HJ 45: Interim study on the impact collateral consequences have on criminal record expungement

HJ 45 is a joint resolution requesting an interim study in Montana on the impact of collateral consequences on criminal record expungement. The study will investigate challenges faced by individuals with expunged criminal records, particularly concerning employment and housing barriers due to existing laws, online information, and discrimination. It aims to review current expungement laws, analyze outcomes for individuals with expunged records, and examine practices in other states. The study will suggest specific changes to state law to address these barriers and report its findings to the 70th Legislature in the form of introduced legislation.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill studies collateral consequences affecting expungement, aiming to address employment/housing barriers and reform laws - aligns with criminal justice reform goals.85% confidence | Rep's Stance ✗ Voted No ✗ Opposes Criminal Justice

Track

signed · Montana · House May 5, 2025

HB 521: Generally revise civil liability laws

HB 521 revises civil liability laws by establishing that a person convicted of a crime has no legal right to sue for injuries or other damages they sustained during the commission of that crime. This means individuals cannot recover damages through a civil lawsuit if their injuries occurred while they were actively committing a crime for which they were later convicted. The bill specifies that this new provision will be codified as part of Title 27, chapter 1, part 5 of the state's legal code.

Topics ✗ Criminal JusticeOpposes Criminal JusticePrevents convicted criminals from suing for crime-related injuries, directly reducing defendant rights per bill's explicit language.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House May 5, 2025

HB 415: Revise laws on a judge's ability to provide bail to certain defendants

HB 415 revises the laws concerning a judge's ability to admit defendants to bail. The bill specifically limits a judge's authority to grant or continue bail for individuals who have an active warrant from another jurisdiction. This means defendants with outstanding warrants from other jurisdictions will not be eligible for bail in the current proceeding.

Topics ✗ Criminal JusticeOpposes Criminal JusticeRestricts bail eligibility for defendants with active warrants, reducing defendant rights without reform intent.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House May 5, 2025

HB 612: Generally revise criminal procedure laws

HB 612 revises criminal procedure laws concerning the revocation of suspended or deferred sentences, impacting offenders who violate their probation terms. The bill mandates that if a suspended or deferred sentence is revoked, any new sentence imposed will run consecutively to an existing sentence, unless the original sentence was already running concurrently. It also outlines procedures for revocation hearings, including offender rights and the prosecution's burden of proof. Additionally, the bill defines specific types of violations, such as "absconding" and "compliance violations," and applies these provisions to all offenders facing sentence revocation.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill mandates consecutive sentencing for probation violations, increasing punishment severity. Opposes reform by making sentences harsher and reducing leniency for offenders.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House May 5, 2025

HB 344: Revise criminal laws.

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill creates new DUI offense for drugs (non-alcohol/marijuana), expanding criminalization. This aligns with 'oppose' indicator of expanding criminalization.90% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · House Apr 25, 2025

HB 267: Revise DUI laws related to enacting Bobby's law

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.

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates mandatory prison terms for DUI-related deaths, expanding criminalization and increasing sentencing severity95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice

signed · Montana · Senate Apr 18, 2025

SB 101: Revise laws related to squatting

SB 101 creates new offenses for "unlawful squatting" (entering and staying on property without owner consent) and "fraudulent sale or lease" (advertising property for sale/rent without legal rights). Property owners gain clearer authority to request law enforcement removal of unauthorized occupants, with officers allowed to charge a service fee. Occupants convicted of unlawful squatting face misdemeanor penalties and must pay restitution equal to fair market rent for their stay. The bill also establishes a civil remedy for wrongful removal claims, allowing affected individuals to seek damages and attorney fees.

Topics ✗ Criminal JusticeOpposes Criminal JusticeCreates new criminal offense for squatting with misdemeanor penalties, expanding criminalization per OPPOSE indicators.95% confidence | Rep's Stance ✓ Voted Yes ✗ Opposes Criminal Justice