Montana legislation · 2025 Regular Session
Montana HB578: Generally revise laws related to restitution
Status: Signed into law, May 8, 2025
What the bill says
An act generally revising laws related to restitution; removing from consideration an offender's financial resources when sentencing restitution; allowing information of pecuniary loss or loss of property to be provided to a probation officer outside the order of the court; modifying when a court may grant a petition to revise restitution; and amending sections 45-5-206, 45-5-503, 45-5-507, 45-5-627, 45-6-101, 46-18-101, 46-18-242, and 46-18-246, mca.
From the engrossed text:
AN ACT GENERALLY REVISING LAWS RELATED TO RESTITUTION; REMOVING FROM CONSIDERATION AN OFFENDER'S FINANCIAL RESOURCES WHEN SENTENCING RESTITUTION; ALLOWING INFORMATION OF PECUNIARY LOSS OR LOSS OF PROPERTY TO BE PROVIDED TO A PROBATION OFFICER OUTSIDE THE ORDER OF THE COURT; MODIFYING WHEN A COURT MAY GRANT A PETITION TO REVISE RESTITUTION; AND AMENDING SECTIONS 45-5-206, 45-5-503, 45-5-507, 45-5-627, 45-6-101, 46-18-101, 46-18-242, AND 46-18-246, MCA. WHEREAS, the majority opinion in State v. Lodahl, 2021 MT 156, deviated from the plain language of House Bill 220, Chapter 272, from the 2003 legislative session. Section 4 of House Bill 220 amended section 46-18-242, MCA, by removing from consideration an offender's "financial resources and future ability to pay restitution" from consideration in an investigation and proof of victim's loss; and WHEREAS, if a victim loses property or incurs a pecuniary loss, Montana law requires courts to order restitution in sections 46-18-101, 46-18-201, and 46-18-251, MCA; and WHEREAS, the intent of the Legislature in the 2003 revisions to section 46-18-242, MCA, was to ensure that the restitution amount be determined during the sentencing process without consideration of the offender's ability to pay restitution; and WHEREAS, in keeping with the 2003 revisions to section 46-18-242, MCA, the waiver and modification of the restitution process found in section 46-18-246, MCA, was intended to be a postjudgment inquiry …
Sponsors
- Mercer, Bill (R, 52) · primary sponsor
- Usher, Barry (R, 19)
Latest actions
- : Chapter Number Assigned
- : (H) Signed by Governor
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
- : (H) Returned from Enrolling
- : (H) Sent to Enrolling
- : (S) 3rd Reading
- : (S) Scheduled for 3rd Reading
- : (S) 2nd Reading
Votes
- Do Concur (April 16, 2025): 31 yea, 19 nay, passed
- Do Concur (April 15, 2025): 30 yea, 20 nay, passed
- Do Pass (March 6, 2025): 58 yea, 41 nay, passed
- Do Pass (March 4, 2025): 56 yea, 43 nay, passed
Subjects: Criminal Procedure, Remedies
Common questions
- What is HB578?
- HB578 is a bill in the Montana Legislature (2025 Regular Session): Generally revise laws related to restitution.
- What does HB578 do?
- In its own words: An act generally revising laws related to restitution; removing from consideration an offender's financial resources when sentencing restitution; allowing information of pecuniary loss or loss of property to be provided to a probation officer outside the order of the court; modifying when a court may grant a petition to revise restitution; and amending sections 45-5-206, 45-5-503, 45-5-507, 45-5-627, 45-6-101, 46-18-101, 46-18-242, and 46-18-246, mca.
- What is the status of HB578?
- Signed into law as of May 8, 2025. Latest action: Chapter Number Assigned (May 8, 2025).
- Who sponsored HB578?
- Mercer, Bill (R, 52), with 1 co-sponsor.
- Where is the official record for HB578?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC3439
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.