Criminal Justice

SB 132 revises laws for individuals under 21 years of age who possess or unlawfully attempt to purchase alcohol, marijuana, or other intoxicating substances. The bill creates separate crimes for these actions and establishes a tiered penalty system based on the offender's age and the number of prior offenses. Penalties include fines, community service, and mandatory participation in substance abuse information courses, with parents or guardians also required to complete courses for offenders under 18. Repeat offenders may face driver's license confiscation or suspension, chemical dependency assessments, and potential jail time for those 18 and older.

SB 280 revises the grant requirements for Montana's domestic violence intervention program. The bill allows the Montana Board of Crime Control to provide grants to communities. These grants are specifically for funding probation or compliance officers who monitor individuals charged with or convicted of certain domestic violence offenses, such as partner or family member assault, strangulation, or protection order violations, to ensure they follow court-ordered requirements. The legislation also continues to allow grants for courts to implement offender intervention programs.

HB 268 revises Montana's laws for sexual and violent offender registration, primarily affecting individuals convicted of such offenses who must register under state law. The bill requires county attorneys to notify the Attorney General's office when a petition for relief from registration is filed, and it updates registration duration rules: violent offenders automatically qualify for relief after 10 years (unless reconvicted), while level 1 sexual offenders may petition after 10 years and level 2 after 25 years. Courts must consider a clean record (no new convictions, successful treatment/completion of supervision) and public safety before granting relief, and must notify victims before hearings. The changes aim to streamline the relief process while maintaining public safety safeguards.

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.