Establish kill switch laws

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69th Legislature 2025 SB 364
- 1 - Authorized Print Version – SB 364
ENROLLED BILL
AN ACT ESTABLISHING KILL SWITCH LAWS; PROHIBITING AN ENTITY FROM REMOTELY ACTIVATING
A KILL SWITCH WITHOUT A WARRANT; PROVIDING EXCEPTIONS; PROVIDING DAMAGES; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Kill switches on personally owned property -- warrant required -- exceptions --
definitions. (1) An entity may not activate a kill switch on personally owned property without a court order or a
warrant issued pursuant to Title 46, chapter 5, part 2.
(2) This section does not apply to:
(a) subscriptions, memberships, other recurring-payment programs, electronic devices used to
enforce retail installment sale agreements, lease agreements, rental agreements, and other secured creditor
agreements, or to motor vehicles subject to collections. In the event an individual neglects to make regular
payments, the entity may activate a kill switch to turn off the individual's subscribed services. An entity shall
disclose the existence of the kill switch and the capability of activating it prior to entering into an agreement or
contract.
(b) a mechanism or feature that:
(i) addresses an imminent critical safety issue impacting a mechanical or software component of a
motor vehicle;
(ii) activates when a driver of a motor vehicle is incapacitated, suffers a medical emergency, or
experiences a loss of consciousness;
(iii) takes corrective action in a motor vehicle with an engaged partial driving automation feature if
the driver is not attentive or engaged in the driving task and does not respond to warnings;
(iv) brings a motor vehicle with an engaged automated driving system to a minimal risk condition;
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69th Legislature 2025 SB 364
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ENROLLED BILL
or
(v) automatically shuts off the engine or motor of an idling motor vehicle that has been left on for
an extended period of time while in the park position.
(3) As used in [sections 1 through 3], the following definitions apply:
(a) "Entity" means a company that manufactures or distributes personally owned property or that
provides service for its functionality.
(b) “Hard reset” means the restoration of personally owned property to the state it was in when it
left the factory. Other terms commonly used are "factory reset" and "master reset".
(c) "Individual" means a natural person.
(d) "Kill switch" means a mechanism that may be engaged remotely, regardless of the owner's
consent, and is used to:
(i) shut down or perform a hard reset on personally owned property;
(ii) hasten the battery drainage of personally owned property; or
(iii) shorten the software lifespan of personally owned property.
Section 2. Enforcement -- damages. (1) A violation of [section 1] is a violation of 30-14-103.
(2) The department of justice may bring an action to restrain any unlawful act pursuant to the
provisions of Title 30, chapter 14, part 1.
(3) An individual whose personally owned property has a kill switch activated in violation of [section
1] may bring an action pursuant to 30-14-133, except that:
(a) the individual needs to show only a violation of [section 1] for that individual’s personally owned
property and is not required to show any other ascertainable loss of money or property; and
(b) the individual is entitled to statutory damages of $10,000 for each violation of [section 1] in
addition to any other damages or monetary award pursuant to 30-14-133.
Section 3. User consent. A kill switch may be activated on stolen personally owned property with
consent of the property owner.
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69th Legislature 2025 SB 364
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ENROLLED BILL
Section 4. Codification instruction. [Sections 1 through 3] are intended to be codified as a new part
in Title 30, chapter 14, and the provisions of Title 30, chapter 14, apply to [sections 1 through 3].
Section 5. Effective date. [This act] is effective October 1, 2025.
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I hereby certify that the within bill,
SB 364, 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. 364
INTRODUCED BY K. BOGNER
AN ACT ESTABLISHING KILL SWITCH LAWS; PROHIBITING AN ENTITY FROM REMOTELY ACTIVATING A
KILL SWITCH WITHOUT A WARRANT; PROVIDING EXCEPTIONS; PROVIDING DAMAGES; AND
PROVIDING AN EFFECTIVE DATE.