House Bill No. introduced by B. Mercer seeks to amend Montana's laws regarding restitution by eliminating the consideration of an offender's financial resources during the sentencing process. The bill clarifies that the amount of restitution owed to victims will be determined without regard to the offender's ability to pay, reinforcing the principle that victims should receive restitution regardless of the offender's financial situation. It also allows for the provision of information regarding pecuniary or property loss to probation officers outside of court orders, and modifies the conditions under which a court may grant a petition to revise restitution, aligning with previous legislative intent.

The bill amends several sections of the Montana Code Annotated (MCA), specifically sections related to criminal mischief and restitution. It establishes penalties for criminal mischief, including the forfeiture of hunting, fishing, or trapping licenses for individuals convicted of damaging property owned by the Department of Fish, Wildlife, and Parks. Additionally, it mandates that convicted individuals must make restitution to victims, with the court determining the amount and method of payment. The bill also introduces provisions allowing victims to provide information about their losses during the presentence investigation and establishes guidelines for offenders to petition the court for adjustments to restitution payments, ensuring that victims are notified of any related hearings. Overall, the bill aims to enhance accountability for offenders while ensuring victims receive appropriate restitution for their losses.

Statutes affected:
LC Text: 45-5-206, 45-5-503, 45-5-507, 45-5-627, 45-6-101, 46-18-101, 46-18-242, 46-18-246
HB0578_1(1): 45-5-206, 45-5-503, 45-5-507, 45-5-627, 45-6-101, 46-18-101, 46-18-242, 46-18-246
HB0578_1(2): 45-5-206, 45-5-503, 45-5-507, 45-5-627, 45-6-101, 46-18-101, 46-18-242, 46-18-246
HB0578_1(3): 45-5-206, 45-5-503, 45-5-507, 45-5-627, 45-6-101, 46-18-101, 46-18-242, 46-18-246
HB0578_1: 45-5-206, 45-5-503, 45-5-507, 45-5-627, 45-6-101, 46-18-101, 46-18-242, 46-18-246