MontanaHB 58269th Legislature, Regular Session (2025)House

Generally revise criminal law

Sponsored By: Stacy Zinn (Republican)

Became Law

CourtsCriminal Procedure

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 1 costs, 3 mixed.

Credit for time already served

Starting July 1, 2025, if your sentence includes jail or prison, the court must credit time you spent in custody before trial or sentencing. You also get credit for time in custody before or after conviction when it is directly related to the same case, up to the length of the prison term. You do not get credit for custody from a different case unless the sentences run at the same time. You do not get credit in a new case while you are serving a prior sentence.

Mandatory restitution and fine relief

Beginning July 1, 2025, if a victim lost money, the judge must order full restitution with interest, even if your sentence is deferred or suspended. If you were jailed before conviction because you did not post bail and later get a fine, each day in jail counts against the fine at a county‑set daily rate, up to the fine amount. A court can also let you satisfy part or all of a fine by donating food to a food bank. A judge can suspend your license for not following sentence rules, but not only because you did not pay fines, costs, or restitution.

New rules for probation revocations

Beginning July 1, 2025, if your suspended or deferred sentence is at risk, new revocation rules apply. If you are arrested on a revocation petition, you must see a judge without unnecessary delay and within 60 days. You must get at least 10 days’ notice of the allegations, your right to present evidence, to question witnesses, and to have a lawyer. The state must prove a violation by a preponderance of the evidence. For unpaid restitution, you can show you made a good‑faith effort to pay. The judge can keep your sentence, change it and add terms (including up to 9 months in a secure or community program), or revoke it. If your sentence was deferred, the judge can impose any sentence that was available at first. A revocation petition must be filed before or during your suspension or deferral; filing before it ends keeps the court’s power to act. If revoked, the judge must consider credit for violation‑free time and give credit for detention or home arrest tied to the case. The judge may deny some elapsed‑time credit tied to the violation, and time in a correctional institution does not count.

No waiver of offender registration

Starting July 1, 2025, judges cannot waive sex or violent offender registration for people convicted of those crimes.

Limits on deferred sentences and probation

Beginning July 1, 2025, a judge may defer sentencing up to 1 year for a misdemeanor and 3 years for a felony. If the sentence includes a financial obligation, the limits are up to 2 years for a misdemeanor and 6 years for a felony. If you have a prior felony, the court cannot defer your new felony sentence, except for limited legal exceptions. Community supervision after a suspended sentence is capped: 20 years for sexual offenses or deliberate/mitigated homicide; 15 years for violent or related offenses; 10 years for listed drug offenses; 5 years for other felonies. A judge can go past 20 years for sexual or homicide cases only by stating reasons. These caps do not apply to theft (45‑6‑301) when restitution is over $50,000. For felony probation, the Department of Corrections supervises you unless the court says otherwise.

Sponsors & Cosponsors

Sponsor

  • Stacy Zinn

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 295 • No: 192

House vote 4/16/2025

Do Concur

Yes: 59 • No: 39

House vote 4/15/2025

Do Concur

Yes: 58 • No: 39

House vote 4/8/2025

Do Concur

Yes: 31 • No: 17

House vote 4/7/2025

Do Concur

Yes: 30 • No: 18

House vote 3/7/2025

Do Pass

Yes: 59 • No: 40

House vote 3/5/2025

Do Pass

Yes: 58 • No: 39

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025House
  2. Signed by Governor

    5/8/2025House
  3. Transmitted to Governor

    5/2/2025House
  4. Signed by President

    5/2/2025Senate
  5. Signed by Speaker

    4/29/2025House
  6. Returned from Enrolling

    4/18/2025House
  7. Sent to Enrolling

    4/16/2025House
  8. 3rd Reading Passed as Amended by Senate

    4/16/2025House
  9. 2nd Reading Senate Amendments Concurred

    4/15/2025House
  10. Returned to House with Amendments

    4/8/2025Senate
  11. 3rd Reading Concurred

    4/8/2025Senate
  12. 2nd Reading Concurred

    4/7/2025Senate
  13. Committee Report--Bill Concurred as Amended

    4/4/2025Senate
  14. Committee Executive Action--Bill Concurred as Amended

    4/4/2025Senate
  15. Hearing

    3/27/2025Senate
  16. Hearing

    3/21/2025Senate
  17. Referred to Committee

    3/14/2025Senate
  18. First Reading

    3/14/2025Senate
  19. Transmitted to Senate

    3/7/2025House
  20. 3rd Reading Passed

    3/7/2025House
  21. 2nd Reading Passed

    3/5/2025House
  22. Committee Report--Bill Passed

    2/28/2025House
  23. Fiscal Note Printed

    2/28/2025House
  24. Fiscal Note Signed

    2/28/2025House
  25. Fiscal Note Received

    2/28/2025House

Bill Text

  • Enrolled

    4/17/2025

  • As Amended (Version 2)

    4/4/2025

  • Introduced

    2/19/2025

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