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69th Legislature 2025 HB 743.1
- 1 - Authorized Print Version – HB 743
1 HOUSE BILL NO. 743
2 INTRODUCED BY B. MERCER
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING REPORTING REQUIREMENTS RELATED TO
5 ALLEGATIONS OF EXPLOITATION; REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN
6 SERVICES TO FORWARD MATERIALS PERTAINING TO AN ALLEGED OFFENSE OF EXPLOITATION OF
7 AN INCAPACITATED PERSON OR VULNERABLE ADULT TO THE COUNTY ATTORNEY; REQUIRING
8 EACH COUNTY ATTORNEY AND THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO
9 REPORT TO THE ATTORNEY GENERAL; REVISING THE CONTENT OF REPORTS; AND AMENDING
10 SECTION 52-3-812, MCA.”
11
12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
13
14 NEW SECTION. Section 1.
15
16 of exploitation of a victim pursuant to 52-3-811 that would constitute a crime under 45-6-333 and determines
17 the report to be credible following an investigation, the department shall forward materials pertaining to the
18 allegation to the county attorney where the alleged victim resides. If the alleged perpetrator is not identified, the
19 county attorney shall request the department to provide the name or other available information to assist in
20 identifying the alleged perpetrator.
21 (b) The duty to provide records to the county attorney under subsection (1)(a) remains throughout
22 the course of an investigation or the prosecution of a case involving the exploitation of an incapacitated person
23 or vulnerable adult.
24 (2) On or before July 1 of each year, each county attorney shall report to the attorney general. The
25 report to the attorney general must include, for each report from the department:
26 (a) a unique case identifier;
27 (b) the date that the initial report or allegation was received by the county attorney;
28 (c) the date any charges were filed; ****
69th Legislature 2025 HB 743.1
- 2 - Authorized Print Version – HB 743
1 (d) the date of any decision to decline to prosecute;
2 (e) if charges are filed against a defendant, whether a conviction was obtained and, if a conviction
3 was obtained, the sentence imposed by the court;
4 (f) the number of referrals made to the county attorney pursuant to subsection (1); and
5 (g) the number of reports presented that have not resulted in a prosecution or a declination of
6 prosecution within 2 years of the date of the initial report received by the county attorney, and the basis for not
7 making a decision on whether to prosecute or decline prosecution in the matters reported.
8 (3) (a) The attorney general shall create a form for county attorneys to use when submitting reports
9 required by subsection (2). The form must allow collection of the information required by subsection (2) on an
10 aggregated, cumulative basis for a 5-year period until charges are filed or a decision is made to decline to
11 prosecute.
12 (4) The attorney general shall report to the law and justice interim committee each year by
13 September 1 in accordance with 5-11-210. Except as provided in subsection (4)(e), the report must provide by
14 county:
15 (a) aggregated information regarding the status of the cases reported in subsection (3) by the
16 county attorneys, except for those cases pending review of the county attorney or uncharged cases still under
17 investigation, including data on the total number of cases reported;
18 (b) the number of cases declined for prosecution;
19 (c) the number of cases charged;
20 (d) after consideration of the information provided by the department pursuant to [section 2], any
21 county attorney who failed to provide a complete report required by subsection (3); and
22 (e) any action in the past fiscal year that the attorney general took under the authority of 2-15-501
23 based on the reports submitted as required in subsection (2). A report made pursuant to this subsection (4)(e)
24 may not include the name of the county.
25
26
27 NEW SECTION. Section 2. (1) By September 15 of each
28 even-numbered year, the department shall report to the attorney general and the law and justice interim ****
69th Legislature 2025 HB 743.1
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1 committee in accordance with 5-11-210 the number of referrals to county attorneys pursuant to 52-3-811 for
2 suspected offenses under 45-6-333.
3 (2) If the department believes, based on its knowledge, that a prosecution should be pursued for
4 exploitation of an incapacitated person or vulnerable adult, as defined in 45-6-333, and has not been charged, it
5 shall advise the attorney general and summarize the facts supporting its conclusion.
6
7 Section 52-3-812, MCA, is amended to read:
8 "52-3-812. (1) The report required by 52-3-811 may be made in writing or orally,
9 by telephone, in person, or electronically through the department. A person who receives an oral report shall
10 prepare it in writing as soon as possible.
11 (2) The report referred to under this section must contain:
12 (a) the names and addresses of the vulnerable adult and the person, if any, responsible for the
13 vulnerable adult's care;
14 (b) the name and address, if available, of the person who is alleged to have abused, sexually
15 abused, neglected, or exploited the vulnerable adult;
16 (c) to the extent known, the vulnerable adult's age and the nature and extent of the abuse, sexual
17 abuse, neglect, or exploitation, including any evidence of previous injuries, abuse, sexual abuse, neglect, or
18 exploitation sustained by the vulnerable adult and any evidence of prior instances of abuse, sexual abuse,
19 neglect, or exploitation of other vulnerable adults committed by the person alleged to have committed abuse,
20 sexual abuse, neglect, or exploitation; and
21 (d) the name, telephone number, and address of the person making the report."
22
23 NEW SECTION. Section 4. [Sections 1 and 2] are intended to be codified
24 as an integral part of Title 52, chapter 3, part 8, and the provisions of Title 52, chapter 3, part 8, apply to
25 [sections 1 and 2].
26 - END -