MontanaSB 1969th Legislature, Regular Session (2025)SenateWALLET

Revise sentencing laws related to theft

Sponsored By: Barry Usher (Republican)

Became Law

Crimes

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 3 costs, 1 mixed.

Late rental returns face tougher penalties

Rental agreements must clearly show the return date and time. You must return the item within 48 hours after the time in the contract. Using false ID to rent, or failing to return within 72 hours after a certified or registered‑mail demand, is evidence of intent not to return. If the item is worth $1,500 or less, penalties are a fine up to $1,500 or up to 6 months in jail. If the item is worth over $5,000 or the conduct is part of a common scheme, penalties can reach a $10,000 fine and up to 10 years in state prison.

Tougher penalties for theft and fraud

The law raises penalties for theft, bad checks, deceptive sales, and forgery. For amounts of $1,500 or less, courts can impose a fine up to $1,500 or up to 6 months in county jail. A third low‑value theft now requires 30 to 180 days in jail plus a fine up to $1,500. For higher amounts or schemes, fines can reach $10,000 or $50,000 and prison up to 10 years; top‑tier forgery can mean up to 20 years. For bounced checks, failing to make payment within 5 days after nonpayment is evidence you knew it would not be paid. For very minor thefts ($100 or less) with no convictions in the past 5 years, there is a presumption of a deferred sentence.

Stronger penalties and help in identity theft

The law increases penalties for stealing or using someone’s personal information. If no money is gained or the gain is under $1,500, courts can impose a fine up to $1,500 or up to 6 months in jail. For gains of $1,500 or more, penalties can be up to a $10,000 fine or up to 10 years in state prison. If the victim is a minor, an incapacitated person, or a vulnerable adult, penalties can reach a $20,000 fine or up to 20 years. Victims can get restitution for costs to clear their credit and fix records. If another enacted law also amends this identity‑theft section, this act replaces both with one version that uses these penalties.

How cases are added up and counted

The law defines a common scheme as acts under one plan that cause $1,500 or more in loss. Prosecutors and courts can add up values within a common scheme or the same transaction to set charge and sentence levels. Prior convictions now count even if they are from another state or are bail or collateral forfeitures that were not vacated. All changes in this act take effect July 1, 2025.

Sponsors & Cosponsors

Sponsor

  • Barry Usher

    Republican • Senate

Cosponsors

  • Steven Kelly

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 274 • No: 121

Senate vote 4/17/2025

Do Pass

Yes: 37 • No: 13

Senate vote 4/16/2025

Do Pass

Yes: 47 • No: 2

Senate vote 4/11/2025

Do Concur

Yes: 61 • No: 38

Senate vote 4/11/2025

Do Concur

Yes: 63 • No: 36

Senate vote 2/27/2025

Do Pass

Yes: 34 • No: 16

Senate vote 2/5/2025

Do Pass

Yes: 32 • No: 16

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025Senate
  2. Signed by Governor

    5/13/2025Senate
  3. Transmitted to Governor

    5/5/2025Senate
  4. Signed by Speaker

    5/5/2025House
  5. Signed by President

    4/29/2025Senate
  6. Returned from Enrolling

    4/19/2025Senate
  7. Sent to Enrolling

    4/17/2025Senate
  8. 3rd Reading Passed as Amended by House

    4/17/2025Senate
  9. 2nd Reading House Amendments Concurred

    4/16/2025Senate
  10. 2nd Reading Pass Consideration

    4/15/2025Senate
  11. Revised Fiscal Note Printed

    4/14/2025Senate
  12. Returned to Senate with Amendments

    4/11/2025House
  13. 3rd Reading Concurred

    4/11/2025House
  14. Fiscal Note Unsigned

    4/11/2025Senate
  15. Revised Fiscal Note Received

    4/11/2025Senate
  16. 2nd Reading Concurred

    4/11/2025House
  17. Committee Report--Bill Concurred

    4/10/2025House
  18. Committee Executive Action--Bill Concurred

    4/9/2025House
  19. Hearing

    4/9/2025House
  20. Rereferred to Committee

    4/9/2025House
  21. Revised Fiscal Note Requested

    4/9/2025Senate
  22. Committee Report--Bill Concurred as Amended

    4/8/2025House
  23. Committee Executive Action--Bill Concurred as Amended

    4/8/2025House
  24. Hearing

    3/17/2025House
  25. First Reading

    2/28/2025House

Bill Text

  • Enrolled

    4/17/2025

  • As Amended (Version 3)

    4/8/2025

  • As Amended (Version 2)

    2/3/2025

  • Introduced

    12/9/2024

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