MontanaHB 57869th Legislature, Regular Session (2025)House

Generally revise laws related to restitution

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Bill Overview

Analyzed Economic Effects

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

Courts prioritize restitution and allow changes

Sentencing now prioritizes paying victims. Courts require offenders who can pay to cover restitution, court costs, assigned-counsel costs, and sex‑offender chemical treatment. Presentence reports list offender assets and can include a victim affidavit of dollar losses. If no report is ordered, courts accept loss evidence at sentencing. You can ask to change restitution, but not within one year or while in Department of Corrections custody. Victims get notice and a hearing. Courts may change unpaid amounts, timing, or extend schedules for good cause.

Criminal mischief: restitution and license loss

If convicted of criminal mischief, the court orders restitution based on your ability to pay and may change it for good cause. You must pay in full before release from state jurisdiction unless the court extends the schedule. If the crime damaged Fish, Wildlife, and Parks property, you lose hunting, fishing, and trapping licenses and privileges for at least 24 months.

Family assault: pay costs and counseling

In partner or family member assault cases, courts require offenders who can pay to cover the victim’s medical, housing, lost wages, and counseling. Judges may also order you to pay probation costs if you are able. You must complete a counseling assessment and at least 40 hours of approved counseling, and follow recommendations. If a firearm was used, the court may bar you from possessing or using it. The court gives you a written copy of your sentence at sentencing or within two weeks if sent.

Sex assault: pay costs, lose rights

In sexual intercourse without consent cases, courts require offenders who can pay to cover victims’ medical and counseling costs. If a child is born from the crime, a convicted biological parent loses all parental and custody rights after required procedures. The court sets the amount, method, and timing of payments.

Sex crimes: pay victims' counseling

For incest and ritual abuse of a minor, courts require offenders who can pay to cover victims’ reasonable counseling costs. The court sets the amount, timing, and method of payment.

Sponsors & Cosponsors

Sponsor

Stacy Zinn
Republican • House

Cosponsors

Barry Usher
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 175 • No: 123

House vote • 4/16/2025

Do Concur

Yes: 31 • No: 19

House 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