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- 2025
69th Legislature 2025 HB 743
- 1 - Authorized Print Version – HB 743
ENROLLED BILL
AN ACT ESTABLISHING REPORTING REQUIREMENTS RELATED TO ALLEGATIONS OF EXPLOITATION;
REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO FORWARD
MATERIALS PERTAINING TO AN ALLEGED OFFENSE OF EXPLOITATION OF AN INCAPACITATED
PERSON OR VULNERABLE ADULT TO THE COUNTY ATTORNEY; REQUIRING EACH COUNTY
ATTORNEY AND THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO REPORT TO THE
ATTORNEY GENERAL; REVISING THE CONTENT OF REPORTS; AND AMENDING SECTION 52-3-812,
MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. County attorney duties -- retention of records -- report to attorney general and
legislature -- attorney general report. (1) (a) If the department receives a report of an allegation of
exploitation of a victim pursuant to 52-3-811 that would constitute a crime under 45-6-333 and determines the
report to be credible following an investigation, the department shall forward materials pertaining to the
allegation to the county attorney where the alleged victim resides. If the alleged perpetrator is not identified, the
county attorney shall request the department to provide the name or other available information to assist in
identifying the alleged perpetrator.
(b) The duty to provide records to the county attorney under subsection (1)(a) remains throughout
the course of an investigation or the prosecution of a case involving the exploitation of an incapacitated person
or vulnerable adult.
(2) On or before July 1 of each year, each county attorney shall report to the attorney general. The
report to the attorney general must include, for each report from the department:
(a) a unique case identifier;
(b) the date that the initial report or allegation was received by the county attorney;
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69th Legislature 2025 HB 743
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ENROLLED BILL
(c) the date any charges were filed;
(d) the date of any decision to decline to prosecute;
(e) if charges are filed against a defendant, whether a conviction was obtained and, if a conviction
was obtained, the sentence imposed by the court;
(f) the number of referrals made to the county attorney pursuant to subsection (1); and
(g) the number of reports presented that have not resulted in a prosecution or a declination of
prosecution within 2 years of the date of the initial report received by the county attorney, and the basis for not
making a decision on whether to prosecute or decline prosecution in the matters reported.
(3) (a) The attorney general shall create a form for county attorneys to use when submitting reports
required by subsection (2). The form must allow collection of the information required by subsection (2) on an
aggregated, cumulative basis for a 5-year period until charges are filed or a decision is made to decline to
prosecute.
(4) The attorney general shall report to the law and justice interim committee each year by
September 1 in accordance with 5-11-210. Except as provided in subsection (4)(e), the report must provide by
county:
(a) aggregated information regarding the status of the cases reported in subsection (3) by the
county attorneys, except for those cases pending review of the county attorney or uncharged cases still under
investigation, including data on the total number of cases reported;
(b) the number of cases declined for prosecution;
(c) the number of cases charged;
(d) after consideration of the information provided by the department pursuant to [section 2], any
county attorney who failed to provide a complete report required by subsection (3); and
(e) any action in the past fiscal year that the attorney general took under the authority of 2-15-501
based on the reports submitted as required in subsection (2). A report made pursuant to this subsection (4)(e)
may not include the name of the county.
Section 2. Department report to attorney general. (1) By September 15 of each even-numbered
year, the department shall report to the attorney general and the law and justice interim committee in
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ENROLLED BILL
accordance with 5-11-210 the number of referrals to county attorneys by county pursuant to 52-3-811 for
suspected offenses under 45-6-333.
(2) The attorney general may request investigative findings from the department and the county
attorney for a case that the county attorney declined to prosecute under 45-6-333 and determine if the facts
support the conclusion.
Section 3. Section 52-3-812, MCA, is amended to read:
"52-3-812. Content of report. (1) The report required by 52-3-811 may be made in writing or orally,
by telephone, in person, or electronically through the department. A person who receives an oral report shall
prepare it in writing as soon as possible.
(2) The report referred to under this section must contain:
(a) the names and addresses of the vulnerable adult and the person, if any, responsible for the
vulnerable adult's care;
(b) the name and address, if available, of the person who is alleged to have abused, sexually
abused, neglected, or exploited the vulnerable adult;
(c) to the extent known, the vulnerable adult's age and the nature and extent of the abuse, sexual
abuse, neglect, or exploitation, including any evidence of previous injuries, abuse, sexual abuse, neglect, or
exploitation sustained by the vulnerable adult and any evidence of prior instances of abuse, sexual abuse,
neglect, or exploitation of other vulnerable adults committed by the person alleged to have committed abuse,
sexual abuse, neglect, or exploitation; and
(d) the name, telephone number, and address of the person making the report."
Section 4. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral
part of Title 52, chapter 3, part 8, and the provisions of Title 52, chapter 3, part 8, apply to [sections 1 and 2].
Section 5. Coordination instruction. If both House Bill No. 532 and [this act] are passed and
approved, and if House Bill No. 532 contains a section that repeals 45-6-333, a section that establishes the
offense of exploitation of an incapacitated person or vulnerable adult, and a section that amends 45-6-332, then
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ENROLLED BILL
[section 1 of this act] is void and must be replaced with:
"Section 1. County attorney duties -- report to attorney general and legislature -- attorney
general report. (1) (a) If the department receives a report of an allegation of exploitation of a victim pursuant to
52-3-811 that would constitute a crime under [section 4 of House Bill No. 532] or the crime of theft of identity in
which the victim is an incapacitated person or vulnerable adult pursuant to 45-6-332, and the department
determines the report to be credible following an investigation, the department shall forward materials
pertaining to the allegation to the county attorney where the alleged victim resides. If the alleged perpetrator is
not identified, the county attorney shall request the department to provide the name or other available
information to assist in identifying the alleged perpetrator.
(b) The duty to provide records to the county attorney under subsection (1)(a) remains throughout
the course of an investigation or the prosecution of a case involving the exploitation or theft of identity of an
incapacitated person or vulnerable adult.
(2) On or before July 1 of each year, each county attorney shall report to the attorney general. The
report to the attorney general must include, for each report from the department:
(a) a unique case identifier;
(b) the date that the initial report or allegation was received by the county attorney;
(c) the date any charges were filed;
(d) the date of any decision to decline to prosecute;
(e) if charges are filed against a defendant, whether a conviction was obtained and, if a conviction
was obtained, the sentence imposed by the court;
(f) the number of referrals made to the county attorney pursuant to subsection (1); and
(g) the number of reports presented that have not resulted in a prosecution or a declination of
prosecution within 2 years of the date of the initial report received by the county attorney, and the basis for not
making a decision on whether to prosecute or decline prosecution in the matters reported.
(3) (a) The attorney general shall create a form for county attorneys to use when submitting reports
required by subsection (2). The form must allow collection of the information required by subsection (2) on an
aggregated, cumulative basis for a 5-year period until charges are filed or a decision is made to decline to
prosecute.
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69th Legislature 2025 HB 743
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ENROLLED BILL
(4) The attorney general shall report to the law and justice interim committee each year by
September 1 in accordance with 5-11-210. Except as provided in subsection (4)(e), the report must provide by
county:
(a) aggregated information regarding the status of the cases reported in subsection (3) by the
county attorneys, except for those cases pending review of the county attorney or uncharged cases still under
investigation, including data on the total number of cases reported;
(b) the number of cases declined for prosecution;
(c) the number of cases charged;
(d) after consideration of the information provided by the department pursuant to [section 2], any
county attorney who failed to provide a complete report required by subsection (3); and
(e) any action in the past fiscal year that the attorney general took under the authority of 2-15-501
based on the reports submitted as required in subsection (2). A report made pursuant to this subsection (4)(e)
may not include the name of the county."
Section 6. Coordination instruction. If both House Bill No. 532 and [this act] are passed and
approved, and if House Bill No. 532 contains a section that repeals 45-6-333, a section that establishes the
offense of exploitation of an incapacitated person or vulnerable adult, and a section that amends 45-6-332, then
[section 2 of this act] is void and must be replaced with:
"Section 2. Department report to attorney general. (1) By September 15 of each even-numbered
year, the department shall report to the attorney general and the law and justice interim committee in
accordance with 5-11-210 the number of referrals to county attorneys by county pursuant to 52-3-811 for
suspected offenses under [section 4 of House Bill No. 532] and suspected offenses of theft of identity of an
incapacitated person or vulnerable adult pursuant to 45-6-332.
(2) The attorney general may request investigative findings from the department and the county
attorney for a case that the county attorney declined to prosecute under [section 4 of House Bill No. 532] or 45-
6-332 and determine if the facts support the conclusion."
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I hereby certify that the within bill,
HB 743, 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. 743
INTRODUCED BY B. MERCER
AN ACT ESTABLISHING REPORTING REQUIREMENTS RELATED TO ALLEGATIONS OF EXPLOITATION;
REQUIRING THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO FORWARD MATERIALS
PERTAINING TO AN ALLEGED OFFENSE OF EXPLOITATION OF AN INCAPACITATED PERSON OR
VULNERABLE ADULT TO THE COUNTY ATTORNEY; REQUIRING EACH COUNTY ATTORNEY AND THE
DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO REPORT TO THE ATTORNEY GENERAL;
REVISING THE CONTENT OF REPORTS; AND AMENDING SECTION 52-3-812, MCA.