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HB44 • 2025

Revise laws related to tampering with evidence connected to a homicide

Revise laws related to tampering with evidence connected to a homicide

Crime Healthcare
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Denise Baum
Last action
2025-03-27
Official status
Chapter Number Assigned
Effective date
Not listed

Plain English Breakdown

The exact effective date of the bill is unknown based on the provided official material.

Changes to Laws About Tampering with Evidence in Murder Cases

This law updates penalties for tampering with evidence related to murder investigations and increases the punishment if it affects determining cause or manner of death.

What This Bill Does

  • Updates laws about changing, destroying, concealing, removing, making false records, documents, or things during an investigation or official proceeding.
  • Establishes a new penalty for tampering with evidence in connection with murder investigations.
  • Increases the punishment from up to 10 years and $50,000 fine to up to 40 years and $100,000 fine if someone's ability to determine cause or manner of death is affected.

Who It Names or Affects

  • People who tamper with evidence in murder investigations.
  • Coroners and medical examiners trying to determine the cause and manner of death.

Terms To Know

tampering
changing, destroying, concealing, removing any record, document, or thing with purpose to impair its verity or availability
fabricating
creating false records, documents, or things to mislead an investigation

Limits and Unknowns

  • The bill does not specify when it will become effective.
  • It only applies to cases involving murder investigations.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

COMMITTEE

Plain English: Amendment 1 changes the penalty for tampering with evidence in connection with a homicide investigation.

  • Adds a new subsection (b) to Section 45-7-207, MCA, which increases the maximum prison term from 10 years to 40 years and raises the fine limit from $50,000 to $100,000 for tampering with evidence in a homicide case.
  • Specifies that this enhanced penalty applies if the tampering affects the ability of a coroner or medical examiner to determine the cause or manner of death.
  • The amendment text does not specify any exceptions or additional conditions beyond those mentioned, so it is unclear if there are other limitations on when this enhanced penalty applies.

Bill History

  1. 2025-03-27 HOUSE

    (H) Signed by Governor

  2. 2025-03-27 HOUSE

    Chapter Number Assigned

  3. 2025-03-18 SENATE

    (S) Signed by President

  4. 2025-03-18 HOUSE

    (H) Transmitted to Governor

  5. 2025-03-07 HOUSE

    (H) Signed by Speaker

  6. 2025-02-26 HOUSE

    (H) Returned from Enrolling

  7. 2025-02-24 SENATE

    (S) Scheduled for 3rd Reading

  8. 2025-02-24 SENATE

    (S) 3rd Reading Concurred

  9. 2025-02-24 HOUSE

    (H) Sent to Enrolling

  10. 2025-02-21 SENATE

    (S) Scheduled for 2nd Reading

  11. 2025-02-21 SENATE

    (S) 2nd Reading Concurred

  12. 2025-02-20 SENATE

    (S) 2nd Reading Pass Consideration

  13. 2025-02-10 SENATE

    (S) Committee Executive Action--Bill Concurred

  14. 2025-02-10 SENATE

    (S) Committee Report--Bill Concurred

  15. 2025-02-05 SENATE

    (S) Hearing

  16. 2025-01-20 SENATE

    (S) First Reading

  17. 2025-01-20 SENATE

    (S) Referred to Committee

  18. 2025-01-17 HOUSE

    (H) Scheduled for 3rd Reading

  19. 2025-01-17 HOUSE

    (H) 3rd Reading Passed

  20. 2025-01-17 HOUSE

    (H) Transmitted to Senate

  21. 2025-01-16 HOUSE

    (H) Scheduled for 2nd Reading

  22. 2025-01-16 HOUSE

    (H) 2nd Reading Passed

  23. 2025-01-13 HOUSE

    (H) Committee Executive Action--Bill Passed as Amended

  24. 2025-01-13 HOUSE

    (H) Committee Report--Bill Passed as Amended

  25. 2025-01-07 HOUSE

    (H) Fiscal Note Received

  26. 2025-01-07 HOUSE

    (H) Fiscal Note Signed

  27. 2025-01-07 HOUSE

    (H) Fiscal Note Printed

  28. 2025-01-06 HOUSE

    (H) First Reading

  29. 2025-01-06 HOUSE

    (H) Hearing

  30. 2024-12-20 HOUSE

    (H) Referred to Committee

  31. 2024-12-18 HOUSE

    (H) Fiscal Note Requested

  32. 2024-12-09 HOUSE

    (LC) Draft Delivered to Requester

  33. 2024-12-09 HOUSE

    (H) Introduced

  34. 2024-11-18 HOUSE

    (LC) Draft Ready for Delivery

  35. 2024-11-17 HOUSE

    (LC) Draft in Assembly

  36. 2024-11-11 HOUSE

    (LC) Draft in Final Drafter Review

  37. 2024-10-10 HOUSE

    (LC) Draft in Input/Proofing

  38. 2024-10-07 HOUSE

    (LC) Draft in Edit

  39. 2024-09-27 HOUSE

    (LC) Draft in Legal Review

  40. 2024-09-24 HOUSE

    (LC) Drafter Assigned

Official Summary Text

Revise laws related to tampering with evidence connected to a homicide

Current Bill Text

Read the full stored bill text 
- 2025
69th Legislature 2025 HB 44
- 1 - Authorized Print Version – HB 44
ENROLLED BILL
AN ACT REVISING LAWS RELATED TO TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE;
ESTABLISHING A PENALTY FOR TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE IN
CONNECTION WITH A HOMICIDE; AND AMENDING SECTION 45-7-207, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-7-207, MCA, is amended to read:
"45-7-207. Tampering with or fabricating physical evidence -- penalties. (1) A person commits
the offense of tampering with or fabricating physical evidence if, believing that an official proceeding or
investigation is pending or about to be instituted, the person:
(a) alters, destroys, conceals, or removes any record, document, or thing with purpose to impair its
verity or availability in the proceeding or investigation; or
(b) makes, presents, or uses any record, document, or thing knowing it to be false and with
purpose to mislead any person who is or may be engaged in the proceeding or investigation.
(2) (a) A Except as provided in subsection (2)(b), a person convicted of tampering with or
fabricating physical evidence shall be imprisoned in the state prison for a term not to exceed 10 years or be
fined an amount not to exceed $50,000, or both.
(b) A person convicted of tampering with or fabricating physical evidence in connection with a
homicide or homicide investigation and who in so doing affected the ability of a coroner or medical examiner to
determine either a cause of death or manner of death, or both, shall be imprisoned in the state prison for a term
not to exceed 40 years or be fined an amount not to exceed $100,000, or both."
- END -
I hereby certify that the within bill,
HB 44, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 44
INTRODUCED BY D. BAUM
BY REQUEST OF THE LAW AND JUSTICE INTERIM COMMITTEE
AN ACT REVISING LAWS RELATED TO TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE;
ESTABLISHING A PENALTY FOR TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE IN
CONNECTION WITH A HOMICIDE; AND AMENDING SECTION 45-7-207, MCA.