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

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

Clearer rules to protect vulnerable adults

The law updates what counts as abuse, exploitation, neglect, and personal degradation. It defines a vulnerable adult as age 60 or older, or age 18 or older with major physical or mental limits or a developmental disability. Abuse now includes assault, taking away food, shelter, or clothing without legal authority, or demeaning acts done in private. Exploitation covers pressure, deceit, fraud, undue influence, or intimidation, including in sales of insurance or securities. These definitions guide reports, investigations, and who gets protection.

Stronger penalties for abuse and exploitation

Abusing, sexually abusing, or neglecting a vulnerable adult is now a felony with up to 10 years in prison and up to $10,000 in fines. A first negligent-abuse conviction is a misdemeanor with up to 1 year in jail or a $1,000 fine; a second is a felony with up to 10 years or a $10,000 fine. Causing personal degradation in a private place is a misdemeanor on the first offense (up to 6 months or $500) and a felony after that (up to 10 years or $10,000). Exploiting a vulnerable or incapacitated adult’s money or property by deceit, fraud, undue influence, or intimidation is a crime with up to 10 years or $10,000, and penalties are tougher when the offender used a position of trust or legal authority. It is also a crime to willfully fail to make a required report or to file a false report; these are punished under state sentencing rules. Adults 18 or older with a developmental disability cannot be charged under certain negligent‑abuse and personal‑degradation subsections. Older exploitation and penalty statutes are repealed and replaced by these rules.

More hearsay allowed for vulnerable victims

Courts can admit certain hearsay statements from an incapacitated person or vulnerable adult who is a victim or witness. The judge must find the statement is trustworthy, the person is unavailable, and must explain the reasons in writing. This helps abuse, exploitation, and similar cases move forward when the victim cannot testify.

Tougher identity-theft penalties for vulnerable victims

The law raises penalties for identity theft when the victim is a minor, an incapacitated person, or a vulnerable adult. It updates penalty tiers based on the money gained and keeps higher fines and longer prison terms for these protected victims.

Sex‑offender evaluations and risk levels

Courts must order a psychosexual evaluation before sentencing for the listed vulnerable‑adult offense. A licensed evaluator must do it. The defendant pays unless found indigent; then the court arranges payment under state law. The justice department can adopt another state’s risk level, and anyone without a prior assessment must get an evaluation, usually at their own expense. Offenders can ask to change their risk level after treatment or a new evaluation. The new offense now counts as a sexual and violent offense for registration. It is also treated as a serious crime and a crime of violence, which affects sentencing and supervision rules.

Sponsors & Cosponsors

Sponsor

Stacy Zinn
Republican • House

Cosponsors

Cora Neumann
Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 393 • No: 0

House vote • 4/14/2025

Do Concur

Yes: 48 • No: 0

House 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: 98 • No: 0