MontanaHB 53269th Legislature, Regular Session (2025)HouseWALLET

Generally revise laws related to abuse, neglect, and exploitation of incapacitated persons and vulnerable adults

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 5 benefits, 0 costs, 3 mixed.

Tougher crimes for abusing vulnerable adults

The law makes it a felony to purposely or knowingly abuse, sexually abuse, or neglect a vulnerable adult. A first negligent abuse is a misdemeanor; repeat negligent abuse becomes a felony. Causing personal degradation is a misdemeanor first, then a felony on repeat. Taking a vulnerable adult’s money or property by fraud, coercion, or undue influence is a felony, especially when done by someone in a position of trust or as a guardian. Knowingly failing to report required abuse, or filing false reports, is also a crime. Older exploitation and penalties statutes are repealed and replaced by these updated crimes.

Mental health checks in child assault cases

If you are convicted of certain assaults on a minor, your presentence report can include a mental health evaluation. A qualified psychiatrist or licensed psychologist must do it. The report can recommend treatment in the least restrictive setting. You pay for the evaluation unless the court finds you indigent; then the county or state pays.

Sex offender evaluations and risk levels

If you are convicted of listed sexual or related crimes, the court orders a psychosexual evaluation by a licensed evaluator. You pay for the evaluation unless the court finds you indigent. At sentencing, the judge sets your risk level (Level 1, 2, or 3). Level 3 counts as a sexually violent predator. Montana can accept another state’s risk level, but if you do not have one, you must provide past assessments or pay for a new evaluation.

Abuse now a serious, violent crime

Abuse or sexual abuse of a vulnerable adult is treated as a crime of violence and a serious crime. These crimes also count as sexual or violent offenses for registration and sentencing rules. This leads to tougher sentencing and closer supervision for people convicted of these offenses.

Clearer who is a vulnerable adult

The law clarifies who counts as a vulnerable adult. It includes people age 60 or older and adults with serious physical or mental limits or listed developmental disabilities. “Abuse” now means assault under state law. “Neglect” and “personal degradation” are clearly defined, and “sexual abuse” links to the state’s sexual offense laws. These updates guide both criminal cases and protective services.

Vulnerable victims’ statements can count

Courts can use some out-of-court statements from an incapacitated person or a vulnerable adult in listed abuse and related cases. The person must be unavailable to testify, and the judge must find the statement is trustworthy and more helpful than other proof. The side using it must give pretrial notice. The judge must put reasons and findings on the record.

Tougher ID theft penalties for seniors

Identity theft penalties rise when the victim is a minor, an incapacitated person, or a vulnerable adult. For gains under $1,500, fines can reach $3,000 or jail up to 1 year for these victims. For $1,500 to $5,000, penalties can reach $20,000 or prison up to 20 years. For over $5,000, penalties can also reach $20,000 or 20 years for these victims.

Faster presentence reports and $50 fee

After a felony plea or verdict, the presentence report is due in 30 business days, unless more time is needed. A $50 fee is due when the report is finished, unless the judge finds you cannot pay soon. Judges must consider the report before sentencing. For misdemeanors, judges may order a report only if the case was first charged as a sexual or violent crime.

Sponsors & Cosponsors

Sponsor

Bill Mercer
Republican • House

Cosponsors

Cora Neumann
Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 397 • No: 0

Senate vote • 4/14/2025

Do Concur

Yes: 48 • No: 0

Senate vote • 4/12/2025

Do Concur

Yes: 50 • No: 0

House vote • 3/4/2025

Do Pass

Yes: 99 • No: 0

House vote • 3/1/2025

Do Pass As Amended

Yes: 100 • No: 0