Criminal Justice (Policing)

Montana's LC 659 creates a new civil lawsuit pathway for individuals whose constitutional rights (under Article II of the Montana Constitution) are violated by public officials acting in their official capacity. It allows people to sue for financial compensation and penalties in district court, with the right to a jury trial and recovery of attorney fees if they win. Key exceptions include police arrests with probable cause, normal judicial actions, lawful incarceration, parole decisions, jury service, testimony, and legislative acts. The bill defines "public official" broadly to cover government employees and agents, including federal or foreign officials acting under government authority. It does not affect ongoing cases or rights that existed before the law takes effect.

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.

This bill revises how Montana allocates marijuana tax revenue, directing funds to specific state accounts after covering department operating costs. It requires 10% of excess funds to support addiction treatment programs (HEART account), 20% for wildlife habitat projects, 4% each to state parks/trails, and 31% for law enforcement grants to local police departments. Additional allocations include $300,000 for drug detection canines (ending 2025), 1.5% for sexual assault evidence kits, and 0.25% to homeless shelter support. These changes amend existing tax distribution rules under Montana law, affecting state agencies including wildlife, public health, and law enforcement. The bill does not change marijuana taxation rates but specifies new spending priorities for existing revenue.

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 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.