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- 2025
69th Legislature 2025 SB 296
- 1 - Authorized Print Version – SB 296
ENROLLED BILL
AN ACT ESTABLISHING AN ENHANCED PENALTY FOR A PERSON EMPLOYED OR VOLUNTEERING IN
A CAREGIVING FACILITY WHO IS FOUND GUILTY OF AN OFFENSE AGAINST A VULNERABLE PERSON
IN THAT CAREGIVING FACILITY; PROVIDING FOR ALAN'S LAW; AND PROVIDING DEFINITIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Short title. [Sections 1 and 2] may be cited as "Alan's Law".
Section 2. Additional sentence for offenses committed against a vulnerable person. (1) If the
provisions of 46-1-401 are complied with, an individual who is found guilty of a misdemeanor offense under
Title 45, chapter 5, or a felony offense while employed or volunteering in a caregiving facility and who
committed the offense against a vulnerable person in the facility in which the individual was employed or
volunteering shall, in addition to the punishment provided for the commission of the underlying offense, be
sentenced to a term of imprisonment in the state prison of not less than 1 year or more than 10 years, except
as provided in 46-18-222.
(2) An additional sentence prescribed by this section must run consecutively to the sentence
provided for the offense.
(3) For the purposes of this section, the following definitions apply:
(a) "Caregiving facility" means:
(i) a mental health facility as provided in 53-21-102;
(ii) an assisted living facility licensed under 50-5-227;
(iii) a long-term care facility, an adult day-care center, a mental health center, a medical assistance
facility, or a nonprofit health care facility as provided in 50-5-101;
(iv) a community group home for developmentally disabled, mentally disabled, or severely disabled
- 2025
69th Legislature 2025 SB 296
- 2 - Authorized Print Version – SB 296
ENROLLED BILL
persons that does not provide skilled or intermediate nursing care;
(v) a licensed adult foster family care home;
(vi) a halfway house operated in accordance with regulations of the department of public health
and human services for the rehabilitation of alcoholics or drug-dependent persons;
(vii) a youth foster home, a kinship foster home, a youth shelter care facility, a transitional living
program, or a youth group home as provided in 52-2-602;
(viii) a day-care center, a day-care facility, a family day-care home, or a group day-care home as
provided in 52-2-703; or
(ix) a public or nonpublic school.
(b) "Vulnerable person" means:
(i) a child; or
(ii) a vulnerable adult as provided in 52-3-803(11)(b).
Section 3. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral
part of Title 46, chapter 18, part 2, and the provisions of Title 46, chapter 18, part 2, apply to [sections 1 and 2].
- END -
I hereby certify that the within bill,
SB 296, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 296
INTRODUCED BY M. YAKAWICH, C. NEUMANN
AN ACT ESTABLISHING AN ENHANCED PENALTY FOR A PERSON EMPLOYED OR VOLUNTEERING IN A
CAREGIVING FACILITY WHO IS FOUND GUILTY OF AN OFFENSE AGAINST A VULNERABLE PERSON IN
THAT CAREGIVING FACILITY; PROVIDING FOR ALAN'S LAW; AND PROVIDING DEFINITIONS.