Criminal Justice (Sentencing)

introduced · Montana · Legislature Feb 17, 2025

LC 2318: Revise DUI offense penalties for third offense to be a felony

This bill proposes to increase penalties for a third driving under the influence offense in Montana by classifying it as a felony rather than a misdemeanor. The changes directly affect individuals convicted of their third DUI offense, raising the minimum jail time from 30 days to 60 days if a minor passenger was present, and increasing fines from $2,500 to $5,000 minimum. The legislation also maintains existing provisions that allow judges to suspend portions of sentences pending completion of chemical dependency treatment programs while prohibiting home arrest for mandatory minimum terms. Additionally, the bill preserves stricter penalties for cases involving prior felony DUI convictions or aggravated driving under the influence charges.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill increases mandatory sentences and expands criminalization for DUI offenses, restricting defendant rights and strengthening punitive measures.90% confidence

Sub-Topics Sentencing

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died · Montana · Legislature May 20, 2025

LC 1519: Revise laws related to batterer intervention counseling

This bill requires offenders convicted of partner or family member assault (including domestic violence) to complete a minimum of 40 hours of court-approved counseling focused on violent or controlling behavior. The counseling must be provided by a licensed professional, a qualified specialist, or a specialized domestic violence program meeting specific standards. Offenders must follow all recommendations from the counseling provider, and the court or Department of Corrections must approve all providers. This applies to all convictions under Montana's partner/family assault laws, including out-of-state domestic violence offenses, and is added to existing sentencing penalties.

Topics ✓ Criminal JusticeSupports Criminal JusticeMandates 40-hour counseling for domestic violence offenders to address root causes, aligning with rehabilitation-focused criminal justice reform to reduce recidivism.95% confidence

Sub-Topics Domestic Violence Sentencing Violent Crime

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died · Montana · Legislature May 27, 2025

LC 2993: Increase mandatory minimums for fentanyl trafficking

LC 2993, titled "Increase mandatory minimums for fentanyl trafficking," would have raised the minimum prison sentences for individuals convicted of trafficking fentanyl. It would directly affect people found guilty of fentanyl trafficking by requiring longer mandatory prison terms. The key provision would have amended sentencing guidelines to set higher minimum terms for these offenses. However, the bill died in the legislative process on May 27, 2025, and did not become law.

Topics ✗ Criminal JusticeOpposes Criminal JusticeIncreases mandatory sentences for fentanyl trafficking, directly opposing criminal justice reform by expanding harsh sentencing policies.95% confidence

Sub-Topics Drug Policy Sentencing

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died · Montana · Legislature May 27, 2025

LC 2907: Increase firearm theft penalties

This draft bill (LC 2907) aimed to increase criminal penalties for individuals convicted of stealing firearms. It would have directly affected people found guilty of firearm theft by imposing stricter sentencing requirements. The bill was assigned to a drafter in December 2024 but was placed on hold in January 2025 and ultimately died in the legislative process in May 2025 without becoming law.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill increases penalties for firearm theft, expanding criminalization and mandatory sentencing - directly opposing reform efforts in criminal justice.90% confidence

Sub-Topics Firearms Sentencing

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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

Sub-Topics Sentencing Violent Crime

died · Montana · House May 20, 2025

HB 287: Generally revise laws related to dangerous drugs

HB 287 proposes to revise laws concerning dangerous drugs, primarily by introducing enhanced penalties. It establishes additional prison sentences for individuals who knowingly possess or use a firearm while committing offenses related to the criminal distribution or possession with intent to distribute dangerous drugs. The bill also sets specific, stricter penalties for the distribution or possession with intent to distribute fentanyl and similar substances, including mandatory minimum prison terms for certain quantities. Additionally, it clarifies that fines can be imposed alongside imprisonment for criminal distribution of dangerous drugs.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill increases mandatory sentences and penalties for drug offenses, expanding criminalization and restricting defendant rights per indicators.95% confidence

Sub-Topics Drug Policy Firearms Sentencing

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signed · Montana · House May 8, 2025

HB 332: Generally revise youth court laws

HB 332 revises youth court laws by expanding the types of offenses for which youth may be tried directly in district court, rather than youth court. It specifies age thresholds for these offenses, which include serious crimes like homicide, sexual assault, and drug distribution. The bill allows a youth to waive the right to a transfer hearing, which determines if their case should move back to youth court. It also details the criteria for a district court to transfer a case back to youth court and outlines sentencing and detention procedures for youth prosecuted in the adult system.

Topics ✗ Criminal JusticeOpposes Criminal JusticeMoves serious youth offenses to adult court, bypasses youth court protections, and eliminates transfer hearing waivers, reducing rehabilitative options for minors.85% confidence

Sub-Topics Juvenile Justice Sentencing Violent Crime

signed · Montana · Senate May 13, 2025

SB 19: Revise sentencing laws related to theft

SB 19 revises sentencing laws for several offenses, including theft, failure to return rented or leased personal property, issuing bad checks, deceptive practices, forgery, and identity theft. The bill directly affects individuals charged with these crimes by modifying the legal framework for their penalties. A key provision of the bill is raising the monetary thresholds that determine the severity of penalties for these offenses. It also revises the definition of "common scheme" within the state's legal code.

Topics ✓ Criminal JusticeSupports Criminal JusticeRaising monetary thresholds for theft penalties reduces severity of charges, aligning with criminal justice reform goals of reducing non-violent incarceration.90% confidence

Sub-Topics Sentencing

died · Montana · Legislature May 27, 2025

LC 3187: Establishing a mandatory minimum under the child trafficking laws

This bill (LC 3187) aimed to establish mandatory minimum sentencing requirements for certain child trafficking offenses under existing state laws. It would have required judges to impose specific minimum prison terms for convicted offenders, directly affecting individuals charged with severe child trafficking violations. The bill was drafted but never advanced beyond the initial stages, with its status listed as "Draft Died in Process" on May 27, 2025. No provisions were enacted or implemented.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBill mandates specific minimum prison terms for child trafficking, increasing sentencing severity per 'oppose' indicator of 'increases mandatory sentences'.95% confidence

Sub-Topics Human Trafficking Sentencing

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died · Montana · House May 22, 2025

HB 691: Provide for legislative intent regarding the Montana criminal justice data warehouse

HB 691 clarifies the purpose and requirements for Montana's existing criminal justice data warehouse, which collects and stores information from state and local agencies. The bill specifies that the warehouse must include detailed offender data - such as complete criminal histories, sentencing timelines, drug involvement in offenses, and pretrial release outcomes - to help officials make data-driven decisions about the justice system. State agencies, courts, and other entities are required to contribute data to the warehouse while retaining ownership of their information, with strict confidentiality protections outlined. This bill directly affects law enforcement, courts, and correctional agencies by standardizing how they share and use criminal justice data.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill mandates detailed data collection in criminal justice warehouse for data-driven decisions, aligning with reform indicators like improved oversight and evidence-based policy.90% confidence

Sub-Topics Sentencing

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