MontanaHB 26869th Legislature, Regular Session (2025)House

Generally revise notification requirements related to the registration of sexual and violent offenders

Sponsored By: Curtis Schomer (Republican)

Became Law

Law EnforcementCriminal Procedure

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Bill Overview

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

Court rules for registry relief hearings

You must file any petition for relief in a Montana district court. Orders from other states that grant relief do not count in Montana. A judge can close all or part of a relief hearing, or the offender can ask to close it. If closed, the victim may attend and may bring a support person unless privacy or safety needs require exclusion.

Sex offenders: lifetime and relief rules

Sexual offenders must stay on the registry for life, except during prison and as allowed by the relief rules. Level 1 offenders can petition for relief after 10 years; Level 2 can petition after 25 years. The petition is served on the county attorney, who must mail copies to the attorney general and to the victim if the address is known. The court can grant relief only if the person kept a clean record, registration is not needed for public protection, and relief is in society’s best interest. A clean record means no felony or sexual‑offense convictions during registration, supervision finished without revocation, and completion of appropriate treatment. Some people cannot get relief at all: certain forcible or child‑victim crimes, repeat registrable offenses, or a sexually violent predator designation. If a person was a juvenile adjudicated for a Level 3 offense, the court can reduce the period to 25 years after 25 clean years.

Violent offenders: 10-year term and relief

The law requires violent offenders to register for 10 years after release, or after sentencing if not confined. After 10 years, they are automatically relieved unless they are convicted during that time of failing to register or of a felony. Those convictions trigger lifetime registration unless a court later grants relief. After 10 years of registration, a person on lifetime status can petition the sentencing court or the court where they live. The petition must be served on the county attorney, who mails the victim if the address is known. The court may grant relief if the person stayed law‑abiding, public safety does not need registration, and relief is in society’s best interest. If relief is granted, the Montana Department of Justice removes the person from the registry.

Sponsors & Cosponsors

Sponsor

Curtis Schomer
Republican • House

Cosponsors

Barry Usher
Republican • Senate
Daniel Emrich
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 220 • No: 79

House vote • 3/20/2025

Do Concur

Yes: 50 • No: 0

House vote • 3/19/2025

Do Concur

Yes: 50 • No: 0

House vote • 2/6/2025

Do Pass

Yes: 60 • No: 39

House vote • 2/5/2025