All Roll Calls
Yes: 175 • No: 123
MontanaHB 57869th Legislature, Regular Session (2025)HouseWALLET
Generally revise laws related to restitution
Sponsored By: Bill Mercer (Republican)
Signed by Governor
Criminal ProcedureRemedies
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Mandatory restitution for sex crimes
Courts must order people convicted of partner or family member assault to repay the victim’s medical, housing, lost wages, and counseling costs. For sexual assault, courts must order payment of the victim’s reasonable medical and counseling costs. For incest, courts must order payment of the victim’s reasonable counseling costs. The court sets the amount, timing, and method under 46-18-244. The court does not consider the offender’s ability to pay when ordering these victim costs.
Stronger rules to secure restitution
When the court sees a likely money loss or the prosecutor asks, the presentence report must list the offender’s assets. It must also include a victim affidavit stating the loss and the replacement value. If no report is ordered, the court accepts the victim’s loss evidence at sentencing. Offenders can ask to change or waive restitution, but not within one year of the order or while in state custody. The court must hold a hearing, notify the victim, and allow the victim to speak. The court may change unpaid amounts or payment timing if the original reasons no longer apply and may extend the schedule.
Sponsors & Cosponsors
Sponsor
Bill Mercer
Republican • House
Cosponsors
Barry Usher
Republican • Senate
Roll Call Votes
Senate vote • 4/16/2025
Do Concur
Yes: 31 • No: 19
Senate vote • 4/15/2025
Do Concur
Yes: 30 • No: 20
House vote • 3/6/2025
Do Pass
Yes: 58 • No: 41
House vote • 3/4/2025
Do Pass
Yes: 56 • No: 43
Actions Timeline
Chapter Number Assigned
5/8/2025HouseSigned by Governor
5/5/2025HouseTransmitted to Governor
4/25/2025HouseSigned by President
4/25/2025SenateSigned by Speaker
4/24/2025HouseReturned from Enrolling
4/19/2025HouseSent to Enrolling
4/16/2025House3rd Reading
4/16/2025Senate2nd Reading
4/15/2025Senate2nd Reading Pass Consideration
4/14/2025SenateCommittee Report
3/28/2025SenateCommittee Executive Action
3/28/2025SenateHearing
3/27/2025SenateHearing
3/21/2025Senate1st Reading
3/14/2025SenateReferred to Committee
3/6/2025SenateTransmitted to Senate
3/6/2025House3rd Reading
3/6/2025House2nd Reading
3/4/2025HouseCommittee Report
2/26/2025HouseCommittee Executive Action
2/26/2025HouseHearing
2/24/2025House1st Reading
2/19/2025HouseReferred to Committee
2/19/2025HouseIntroduced
2/19/2025House
Bill Text
Enrolled
4/17/2025
Introduced
2/19/2025
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