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MontanaHB 39669th Legislature, Regular Session (2025)House

Generally revise bail laws

Sponsored By: Greg Overstreet (Republican)

Signed by Governor

CorrectionsCourtsCriminal Procedure

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 2 costs, 1 mixed.

Returned on warrant: judge decides bail

If you are returned to Montana under 46-30-411 and arrested on a judicial warrant, you cannot get bail yet. You must first appear before the judge who issued the warrant. If that judge is unavailable, another judge in the same jurisdiction may decide. If an interstate compact or federal law applies, those terms control.

Bail decided at first court appearance

The court must decide release or detention right away at your first appearance. The court may use a validated pretrial risk tool. It must consider the offense, any violence, and your history and ties. It must also consider any past abscondence, costs to bring you to Montana, and any compact that requires detention. The court or any party can ask for a hearing on bail amount or other conditions.

Stricter rules for setting bail

When bail is required, the court must weigh any past abscondence and fugitivity. That includes government costs spent to transport you to Montana. The bail amount must be enough to include the charge in 46-18-236.

Sponsors & Cosponsors

Sponsor

  • Greg Overstreet

    Republican • House

Cosponsors

  • Barry Usher

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 183 • No: 114

Senate vote • 4/24/2025

Do Concur

Yes: 32 • No: 18

Senate vote • 4/23/2025

Do Concur

Yes: 32 • No: 18

House vote • 3/4/2025

Do Pass

Yes: 60 • No: 39

House vote • 3/3/2025

Do Pass

Yes: 59 • No: 39

Actions Timeline

  1. Chapter Number Assigned

    5/15/2025House

  2. Signed by Governor

    5/12/2025House

  3. Transmitted to Governor

    5/5/2025House

  4. Signed by President

    5/2/2025Senate

  5. Signed by Speaker

    5/1/2025House

  6. Returned from Enrolling

    4/28/2025House

  7. Sent to Enrolling

    4/24/2025House

  8. 3rd Reading

    4/24/2025Senate

  9. 2nd Reading

    4/23/2025Senate

  10. Committee Report

    4/18/2025Senate

  11. Committee Executive Action

    4/18/2025Senate

  12. Hearing

    4/3/2025Senate

  13. Hearing Canceled

    4/3/2025Senate

  14. Hearing

    3/18/2025Senate

  15. Referred to Committee

    3/5/2025Senate

  16. Transmitted to Senate

    3/4/2025House

  17. 3rd Reading

    3/4/2025House

  18. 2nd Reading

    3/3/2025House

  19. Committee Report

    2/26/2025House

  20. Committee Executive Action

    2/26/2025House

  21. Hearing

    2/24/2025House

  22. Fiscal Note Printed

    2/11/2025House

  23. Fiscal Note Signed

    2/11/2025House

  24. Fiscal Note Received

    2/11/2025House

  25. Hearing Canceled

    2/8/2025House

Bill Text

  • Enrolled

    4/25/2025

    PDF

  • Introduced

    2/5/2025

    PDF

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