Montana 2023 Regular Session

Montana Senate Bill SB321

Introduced
2/10/23  
Refer
2/13/23  
Engrossed
2/28/23  
Refer
3/15/23  
Enrolled
4/19/23  

Caption

Revise stalking laws to include use of GPS and other technological means

Impact

The bill's implications are significant for state laws regarding stalking. It not only expands the definition to include technological means but also adjusts the penalties associated with stalking offenses. Offenders could face increased sentences, especially for repeated offenses, and may also be required to reimburse victims for related costs, which reinforces the accountability of perpetrators. This legislative change aligns legal frameworks with the realities of modern life, where technology can be misused to invade personal privacy and safety.

Summary

Senate Bill 321 aims to amend Montana's existing stalking laws by explicitly incorporating the use of global positioning devices (GPS) and similar technological methods into the definition of stalking. The bill notably modifies Section 45-5-220, MCA, by broadening the scope of actions that can constitute stalking to include the use of electronic and digital means for monitoring or following individuals. This revision reflects contemporary concerns about technology's role in harassment and stalking incidents, thereby modernizing legal definitions to encompass new methods of abuse.

Sentiment

The sentiment surrounding SB 321 appears to be supportive among legislators and advocacy groups who prioritize victim protection and the need for updated laws in response to evolving technological threats. Broad support indicates a recognition of the importance of addressing stalking as a serious offense that can have profound emotional impacts on victims. However, there may be concerns, albeit less vocal, regarding how the bill's terms will be interpreted and enforced, particularly in relation to privacy rights and due process for the accused.

Contention

While the bill has generally received positive support, notable points of contention could arise around the balance between protecting victims and safeguarding civil liberties. Questions may emerge about how broadly the law could be applied, and potential misuse of the law to wrongfully accuse individuals. The language surrounding technological means could lead to debates on what constitutes invasions of privacy and how law enforcement will address situations where technological evidence is involved. These discussions highlight the tension between advancing legal protections and ensuring fair treatment of all individuals within the legal system.

Companion Bills

No companion bills found.

Previously Filed As

MT SB413

Clarifying crime of harassment to include stalking

MT SB3574

STALKING/HARASSMENT NO CONTACT

MT SB2103

STALKING/HARASSMENT NO CONTACT

MT HB544

Criminal Law - Sexual Extortion, Stalking, and Revenge Porn - Statute of Limitations and In Banc Review

MT HB3286

Stalking and protective orders; increasing and adding penalties; effective date.

MT SF201

A bill for an act relating to the criminal offense of stalking committed while utilizing a technological device and providing penalties. (Formerly SSB 1070.)

MT SB391

Criminal Law - Sexual Extortion, Stalking, and Revenge Porn - Statute of Limitations and In Banc Review

MT SB0056

Criminal Stalking Exemption Amendments

MT SB345

Revise sex offender laws

MT HB0287

Stalking Amendments

Similar Bills

No similar bills found.