All Roll Calls
Yes: 274 • No: 124
MontanaSB 1969th Legislature, Regular Session (2025)SenateWALLET
Revise sentencing laws related to theft
Sponsored By: Barry Usher (Republican)
Signed by Governor
Crimes
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 5 benefits, 2 costs, 0 mixed.
Identity theft penalties and restitution
Beginning July 1, 2025, identity theft penalties are tiered by the benefit gained. If no benefit or less than $1,500, penalties are up to a $1,500 fine and up to 6 months in county jail; if the victim is a minor at this level, fines can be up to $3,000 and jail up to 1 year. If the benefit is $1,500 or more, penalties are up to a $10,000 fine and up to 10 years in state prison; if the victim is a minor at this level, fines can be up to $20,000 and prison up to 20 years. Courts can order restitution, including costs to clear and repair credit and attorney, civil, or administrative costs. If another enacted law also amended this same section, penalties are explicitly enhanced when the victim is a minor, incapacitated person, or vulnerable adult, with up to $3,000 (lower tier) or $20,000 (higher tier) fines and up to 1 year or 20 years in jail.
Broader rule to group related crimes
The law removes the old $1,500 loss test from the common‑scheme rule. Prosecutors can group related acts that share one plan, even if each act is under $1,500. Grouping can raise the total value and trigger higher penalty tiers across theft and fraud crimes.
Higher penalties for deceptive practices
Beginning July 1, 2025, the law targets deceptive acts, like false sales claims or using someone’s card without permission. If the gain is under $1,500, the penalty is up to a $1,500 fine or up to 6 months in county jail, or both. If part of a common scheme or $1,500 or more, penalties rise to up to a $50,000 fine or up to 10 years in state prison, or both.
Stiffer penalties for forgery crimes
Beginning July 1, 2025, forgery penalties depend on value and whether it is part of a scheme. If the value is $1,500 or less, the penalty is up to a $1,500 fine or up to 6 months in county jail, or both. If part of a common scheme or over $1,500, penalties can be up to a $50,000 fine or up to 20 years in state prison, or both.
Stronger penalties for theft offenses
Beginning July 1, 2025, Montana raises theft penalties based on value. If property is $1,500 or less, a first or second offense allows up to a $1,500 fine and up to 6 months in county jail. A third or later theft at this level requires a $1,500 fine and 30 to 180 days in jail. If property is over $5,000, or the theft is part of a common scheme, or it involves any anhydrous ammonia for drug making, the penalty can be up to a $50,000 fine and up to 10 years in state prison. Theft of a light vehicle can bring up to a $50,000 fine and up to 10 years in prison. Theft of a commonly domesticated hoofed animal brings a $5,000–$50,000 fine or up to 10 years in prison; if prison is deferred, the court orders 416 hours of community service in one year in your county. The law ends the old presumption of a deferred sentence for thefts of $100 or less.
Stricter rules for unreturned rentals
Beginning July 1, 2025, rental contracts must show the return time and penalty in bold print. If you keep the item more than 48 hours past the time in the contract, you can be charged. If the owner sends a certified-letter demand and you still do not return it within 72 hours, that is prima facie evidence. Using a fake ID to get the rental is also prima facie evidence. Penalties: value $1,500 or less — up to a $1,500 fine or up to 6 months in county jail, or both. Over $1,500 — up to 10 years in state prison. Over $5,000 or part of a common scheme — up to a $10,000 fine or up to 10 years, or both.
Tougher penalties for bad checks
Beginning July 1, 2025, writing a check you know will not be paid remains a crime. If you make the check good within 5 days after written notice, you may avoid conviction under the prima facie rule. For smaller amounts, the penalty is up to a $1,500 fine or up to 6 months in county jail, or both. If part of a common scheme or over $1,500, the penalty can be up to a $50,000 fine or up to 10 years in state prison, or both.
Sponsors & Cosponsors
Sponsor
Barry Usher
Republican • Senate
Cosponsors
Steven Kelly
Republican • House
Roll Call Votes
Senate vote • 4/17/2025
Do Pass
Yes: 37 • No: 13
Senate vote • 4/16/2025
Do Pass
Yes: 47 • No: 2
House vote • 4/11/2025
Do Concur
Yes: 61 • No: 38
House vote • 4/11/2025
Do Concur
Yes: 63 • No: 37
Senate vote • 2/27/2025
Do Pass
Yes: 34 • No: 16
Senate vote • 2/5/2025
Do Pass
Yes: 32 • No: 18
Actions Timeline
Chapter Number Assigned
5/13/2025SenateSigned by Governor
5/13/2025SenateTransmitted to Governor
5/5/2025SenateSigned by Speaker
5/5/2025HouseSigned by President
4/29/2025SenateReturned from Enrolling
4/19/2025SenateSent to Enrolling
4/17/2025Senate3rd Reading House Amendments
4/17/2025Senate2nd Reading House Amendments
4/16/2025Senate2nd Reading Pass Consideration
4/15/2025SenateRevised Fiscal Note Printed
4/14/2025SenateReturned to Senate with Amendments
4/11/2025House3rd Reading
4/11/2025HouseFiscal Note Unsigned
4/11/2025SenateRevised Fiscal Note Received
4/11/2025Senate2nd Reading
4/11/2025HouseCommittee Report
4/10/2025HouseCommittee Executive Action
4/9/2025HouseHearing
4/9/2025HouseRereferred to Committee
4/9/2025HouseRevised Fiscal Note Requested
4/9/2025SenateCommittee Report
4/8/2025HouseCommittee Executive Action
4/8/2025HouseHearing
3/17/2025House1st 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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