Criminal Justice (Human Trafficking)

This bill creates a new criminal offense called abortion trafficking in Montana, which prohibits individuals from transporting unborn children within or outside the state with the intent to obtain an illegal abortion. The law applies to anyone who knowingly moves a fetus for the purpose of ending a pregnancy that would be unlawful under Montana law, with penalties including fines up to $1,000 or up to five years in prison. The legislation also amends existing abortion-related penalties to clarify that mothers cannot be punished for the crime of abortion trafficking, while allowing penalties against them for other violations. The bill takes effect immediately upon passage and applies to any acts committed on or after that date.

This bill creates a new criminal offense called human smuggling in Montana, targeting individuals who knowingly transport or harbor people who entered the United States illegally without federal inspection. Anyone convicted of this crime faces up to 20 years in state prison and fines of up to $400,000, while convicted organizations lose eligibility for certain tax exemptions. The law also allows authorities to seize and forfeit property used in human smuggling, including vehicles, money, and equipment, with proceeds from sales going to crime victims compensation funds. Additionally, the bill amends existing tax exemption laws to clarify how property is classified under current Montana statutes.

HB 609 sought to establish the criminal offense of "abortion trafficking." It would prohibit any person from purposely or knowingly transporting an unborn child from Montana, either within or outside the state, to obtain an abortion that is illegal under Montana law. Individuals convicted of this offense could face fines up to $1,000, imprisonment for up to five years, or both. The bill also included a provision allowing penalties to be imposed against the mother of an unborn child for violating this specific trafficking offense, which is an exception to general prohibitions against penalizing women for abortion-related acts.

SB 261 revises the existing law concerning endangering the welfare of children. It expands the definition of this offense to include knowingly exposing a child to marijuana or dangerous drugs. The bill also makes it an offense to assist a child in entering an adult-use dispensary or a place where human trafficking or the production of dangerous drugs is taking place. Additionally, it updates sections related to drug manufacturing and exposure in the presence of children to apply to a broader range of dangerous drugs instead of specifically methamphetamine.

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.