This bill seeks to enhance the legal framework surrounding the abuse, neglect, and exploitation of incapacitated persons and vulnerable adults in Montana. It introduces new definitions for critical terms such as "abuse," "neglect," "personal degradation," and "sexual abuse," while establishing significant penalties for offenses, including felony charges for knowingly abusing or neglecting a vulnerable adult, with potential imprisonment of up to 10 years and fines reaching $10,000. The legislation also addresses personal degradation, imposing misdemeanor charges for first-time offenders and felony charges for repeat offenders. Additionally, it emphasizes the importance of reporting abuse or neglect and outlines penalties for failing to do so, thereby reinforcing protections for these vulnerable populations.

Moreover, the bill amends existing laws to improve the admissibility of hearsay evidence in abuse and neglect cases, requiring specific details about the hearsay statement to support its reliability. It broadens the definitions related to violent crimes and sexual offenses, expands the list of "crimes of violence," and mandates psychosexual evaluations for offenders convicted of sexual offenses, with costs typically borne by the defendant unless they are indigent. The bill also modifies definitions related to abuse and neglect, replacing "infliction of physical or mental injury" with "the commission of assault" and expanding the scope of "sexual abuse." It repeals certain sections of the Montana Code Annotated concerning the exploitation of incapacitated persons, indicating a shift in legal approach, and includes provisions for risk assessment and designation of offenders based on their likelihood of reoffending.

Statutes affected:
LC Text: 44-15-103, 45-6-332, 46-16-222, 46-18-104, 46-18-111, 46-23-502, 46-23-509, 52-3-803