MontanaHB 19169th Legislature, Regular Session (2025)HouseWALLET

Revise crime of endangering welfare of child

Sponsored By: Curtis Schomer (Republican)

Signed by Governor

Criminal ProcedureCrimesMinors

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Felony for making meth near kids

It is a felony to make or try to make meth in a home, building, vehicle, or other place where a child may reasonably be present. It is also a crime to have materials to make meth there, or to cause or allow a child to inhale, touch, or ingest meth or meth paraphernalia. Conviction can mean up to 5 years in state prison and a fine up to $10,000. If a child suffers serious bodily injury, the penalty can be up to 10 years and up to $25,000. Prosecutors may also bring other related charges.

New crime for violence around children

The law creates a crime for hurting a partner or family member in the presence of a child under 18. It applies when a person commits certain listed violent offenses against a partner or family member and a child may see or hear the act. Only the predominant aggressor can be charged, and each child present can lead to an extra charge. Conviction is a misdemeanor with a $100 to $1,000 fine and 72 hours to 1 year in jail.

Penalties for child endangerment cases

The law sets penalties for child endangerment in most cases. A first conviction can bring a fine up to $500, jail up to 6 months, or both. A second conviction can bring a fine up to $1,000, with jail still up to 6 months. Other parts of the law may set different penalties. These penalties protect children by punishing dangerous conduct.

Parents get safe harbor and protection orders

Parents and guardians are not breaking the law by letting a child under 18 do age-appropriate independent activities. Examples include going to and from school, playing outside, staying in a car less than 15 minutes when it is not dangerously hot or cold, or staying home if you return the same day and the child can contact you and you planned for emergencies. A parent, guardian, or supervisor of a child under 16 can also tell an adult 18 or older with no legal right to stop contacting the child. If the adult keeps contacting the child, you or a county attorney can ask a court for a protection order. Knowingly breaking that order is a crime under this law.

Sponsors & Cosponsors

Sponsor

Curtis Schomer
Republican • House

Cosponsors

Barry Usher
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 290 • No: 9

Senate vote • 3/20/2025

Do Concur

Yes: 46 • No: 4

Senate vote • 3/19/2025

Do Concur

Yes: 45 • No: 5

House vote • 2/7/2025

Do Pass

Yes: 99 • No: 0

House vote • 1/28/2025

Do Pass

Yes: 100 • No: 0

Actions Timeline

Chapter Number Assigned
4/7/2025House
Signed by Governor
4/7/2025House
Transmitted to Governor
4/1/2025House
Signed by President
4/1/2025Senate
Signed by Speaker
3/28/2025House
Returned from Enrolling
3/21/2025House
Sent to Enrolling
3/20/2025House
3rd Reading
3/20/2025Senate
2nd Reading
3/19/2025Senate
Committee Report
3/18/2025Senate
Committee Executive Action
3/18/2025Senate
Hearing
3/14/2025Senate
Hearing Canceled
2/20/2025House
Referred to Committee
2/20/2025Senate
1st Reading
2/10/2025Senate
Transmitted to Senate
2/7/2025House
3rd Reading
2/7/2025House
Committee Report
2/6/2025House
Committee Executive Action
2/5/2025House
Fiscal Note Printed
2/4/2025House
Hearing
2/3/2025House
Fiscal Note Signed
2/3/2025House
Fiscal Note Received
1/31/2025House
Hearing Canceled
1/29/2025House
Hearing
1/28/2025House

Bill Text

Enrolled
3/20/2025
PDF
Introduced
1/14/2025
PDF

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