Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                            HB 112.1
                                                HOUSE BILL NO. 112
                                           INTRODUCED BY J. ETCHART
                                BY REQUEST OF THE DEPARTMENT OF JUSTICE
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING HUMAN TRAFFICKING AND
  PROSTITUTION LAWS; PROVIDING FOR THE CRIMES OF SEX TRAFFICKING, LABOR TRAFFICKING,
  AGGRAVATED SEX TRAFFICKING, AND CHILD SEX TRAFFICKING; AMENDING SECTIONS 20-7-1321,
  27-1-755, 27-2-216, 40-4-219, 41-3-102, 44-5-311, 45-1-205, 45-2-211, 45-5-601, 45-5-701, 45-5-702, 45-5-
  703, 45-5-705, 45-5-706, 45-5-707, 45-5-708, 45-5-709, 45-5-710, 45-8-405, 46-16-226, 46-18-104, 46-18-111,
  46-18-201, 46-18-203, 46-18-205, 46-18-207, 46-18-219, 46-18-222, 46-18-231, 46-18-608, 46-23-502, 46-23-
  1011, AND 61-8-818, MCA; AND REPEALING SECTIONS 45-5-602, 45-5-603, 45-5-604, AND 45-5-704,
  MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 20-7-1321, MCA, is amended to read:
          "20-7-1321.    Employment assistance for current or former school employees, contractors, and
  volunteers engaged in sexual misconduct prohibited. (1) Except as provided in subsection (2), a person
  who is an officer, trustee, employee, agent, or contractor of a school, school district, county superintendent of
  schools, or the state superintendent of public instruction and who knows or has probable cause to believe that a
  current or former school employee, contractor, or agent has committed or has attempted, solicited, or conspired
  to commit an act with a child or enrolled student that constitutes a violation of 45-5-502, 45-5-503, 45-5-504,
  45-5-507, 45-5-508, 45-5-601, 45-5-602, 45-5-603, 45-5-625, 45-5-702, 45-5-704, or 45-5-705, 45-5-706, or
  [section 19] may not assist that school employee, contractor, or agent in obtaining new employment apart from
  the routine transmission of administrative and personnel files.
          (2)      Subsection (1) does not apply if:
          (a)      the information giving rise to probable cause has been properly reported to a law enforcement
  agency with jurisdiction over the alleged violation;
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68th Legislature 2023                                                                                               HB 112.1
          (b)      the information has been properly reported to any other authorities as required by the laws of
  the United States, the state, or any political subdivision of the state, including but not limited to reporting
  required by Title 41, chapter 3, part 2, and Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et
  seq., and the regulations implementing that title under Title 34, part 106, Code of Federal Regulations, or any
  succeeding regulations; and
          (c)      (i) a peace officer, city attorney, or county attorney with jurisdiction over the alleged misconduct
  has notified school officials that there is insufficient information to establish probable cause that the school
  employee, contractor, or agent committed or attempted, solicited, or conspired to commit an act with a child or
  pupil constituting a violation of the offenses listed in subsection (1);
          (ii)     the school employee, contractor, or agent has been charged with and acquitted or otherwise
  exonerated of the alleged violation; or
          (iii)    there have been no charges filed against the school employee, contractor, or agent within 4
  years of the date on which the information was reported to a law enforcement agency.
          (3)      This section applies to current or former school employees, contractors, and agents of both
  public and nonpublic schools."
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          Section 2. Section 27-1-755, MCA, is amended to read:
          "27-1-755.    Civil action -- human trafficking victim. (1) A victim of human trafficking may bring a civil
  action against a person who commits an offense against the victim under 45-5-702, 45-5-703, 45-5-704, or 45-
  5-705, 45-5-706, or [section 19] for compensatory damages, punitive damages, injunctive relief, and any other
  appropriate relief.
          (2)      If a victim prevails in an action under this section, the court shall award the victim reasonable
  attorney fees and costs.
          (3)      An action under this section must be commenced not later than 10 years after the later of:
          (a)      the date on which the victim no longer was subject to human trafficking; or
          (b)      the date on which the victim reached 18 years of age.
          (4)      This section does not preclude any other remedy available to the victim under federal or state
  law.
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68th Legislature 2023                                                                                             HB 112.1
            (5)    For the purposes of this section, the term "human trafficking" has the meaning provided in 45-
  5-701."
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            Section 3. Section 27-2-216, MCA, is amended to read:
            "27-2-216.   Tort actions -- childhood sexual abuse. (1) Except as provided in subsection (4), an
  action based on intentional conduct brought by a person for recovery of damages for injury suffered as a result
  of childhood sexual abuse against the individual who committed the acts must be commenced:
            (a)    before the victim of the act of childhood sexual abuse that is alleged to have caused the injury
  reaches 27 years of age; or
            (b)    not later than 3 years after the plaintiff discovers or reasonably should have discovered that the
  injury was caused by the act of childhood sexual abuse.
            (2)    As used in this section, "childhood sexual abuse" means any act committed against a plaintiff
  who was less than 18 years of age at the time the act occurred and that would have been a violation of 45-5-
  502, 45-5-503, 45-5-504, 45-5-507, 45-5-508, 45-5-602, 45-5-603, 45-5-625, 45-5-627, 45-5-704, 45-5-702, 45-
  5-705, 45-5-706, [section 19], or prior similar laws in effect at the time the act occurred.
            (3)    Except as provided in subsection (5), in an action for recovery of damages for liability against
  any entity that owed a duty of care to the plaintiff, where a wrongful or negligent act by an employee, officer,
  director, official, volunteer, representative, or agent of the entity was a legal cause of the childhood sexual
  abuse that resulted in the injury to the plaintiff, the action must be commenced:
            (a)    before the victim of the act of childhood sexual abuse that is alleged to have caused the injury
  reaches 27 years of age; or
            (b)    not later than 3 years after the plaintiff discovers or reasonably should have discovered that the
  injury was caused by the act of childhood sexual abuse.
            (4)    A claim for damages described in subsection (1) that would otherwise be barred because the
  applicable statute of limitations has expired may be commenced within 1 year of May 7, 2019, if the individual
  who committed the act of childhood sexual abuse against the plaintiff is alive at the time the action proceeds or
  is commenced and:
            (a)    has admitted to the commission of the act of childhood sexual abuse against the plaintiff in
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68th Legislature 2023                                                                                               HB 112.1
  either a written and signed statement or a statement recorded by audio or video; or
          (b)      (i) has made one or more statements admitting to the commission of the act of childhood
  sexual abuse against the plaintiff under oath or in a plea agreement; or
          (ii)     has been convicted of an offense listed in subsection (2) in which the plaintiff was the victim.
          (5)      (a) A claim for damages described in subsection (3) that would otherwise be barred because
  the applicable statute of limitations has expired must be revived if the court concludes that the entity against
  whom the action is commenced, based upon documents or admissions by employees, officers, directors,
  officials, volunteers, representatives, or agents of the entity, knew, had reason to know, or was otherwise on
  notice of any unlawful sexual conduct by an employee, officer, director, official, volunteer, representative, or
  agent and failed to take reasonable steps to prevent future acts of unlawful sexual conduct.
          (b)      A cause of action in which allegations described in subsection (5)(a) are made but that would
  otherwise be barred by the statute of limitations in subsection (3) may be commenced within 1 year of May 7,
  2019.
          (6)      As used in subsection (5), "admissions" include:
          (a)      a criminal conviction of an employee, officer, director, official, volunteer, representative, or
  agent of the entity for an offense of childhood sexual abuse;
          (b)      a written statement;
          (c)      a documented or recorded oral statement; or
          (d)      statements made in:
          (i)      a plea agreement or change of plea hearing;
          (ii)     a trial; or
          (iii)    a settlement agreement.
          (7)      The provisions of 27-2-401 apply to this section."
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          Section 4. Section 40-4-219, MCA, is amended to read:
          "40-4-219.    Amendment of parenting plan -- mediation. (1) The court may in its discretion amend a
  prior parenting plan if it finds, upon the basis of facts that have arisen since the prior plan or that were unknown
  to the court at the time of entry of the prior plan, that a change has occurred in the circumstances of the child
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68th Legislature 2023                                                                                                  HB 112.1
  and that the amendment is necessary to serve the best interest of the child.
             (a)     In determining how a proposed change will affect the child, the court shall consider the
  potential impact of the change on the criteria in 40-4-212 and whether:
             (i)     the parents agree to the amendment;
             (ii)    the child has been integrated into the family of the petitioner with consent of the parents;
             (iii)   the child is 14 years of age or older and desires the amendment; or
             (iv)    one parent has willfully and consistently:
             (A)     refused to allow the child to have any contact with the other parent; or
             (B)     attempted to frustrate or deny contact with the child by the other parent.
             (b)     If one parent has changed or intends to change the child's residence in a manner that
  significantly affects the child's contact with the other parent, the court shall consider, in addition to all the criteria
  in 40-4-212 and subsection (1)(a):
             (i)     the feasibility of preserving the relationship between the nonrelocating parent and the child
  through suitable visitation arrangements, considering the logistics and financial circumstances of the parties;
             (ii)    the reasons of each parent for seeking or opposing the change of residence;
             (iii)   whether the parent seeking to change the child's residence has demonstrated a willingness to
  promote the relationship between the child and the nonrelocating parent; and
             (iv)    whether reasonable alternatives to the proposed change of residence are available to the
  parent seeking to relocate.
             (2)     A court may modify a de facto parenting arrangement in accordance with the factors set forth in
  40-4-212.
             (3)     The court shall presume a parent is not acting in the child's best interest if the parent does any
  of the acts specified in subsection (1)(a)(iv) or (8).
             (4)     The court may amend the prior parenting plan based on subsection (1)(b) to provide a new
  residential schedule for parental contact with the child and to apportion transportation costs between the
  parents.
             (5)     Attorney fees and costs must be assessed against a party seeking frivolous or repeated
  amendment if the court finds that the amendment action is vexatious and constitutes harassment.
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68th Legislature 2023                                                                                             HB 112.1
          (6)      A parenting plan may be amended pursuant to 40-4-221 upon the death of one parent.
          (7)      As used in this section, "prior parenting plan" means a parenting determination contained in a
  judicial decree or order made in a parenting proceeding. In proceedings for amendment under this section, a
  proposed amended parenting plan must be filed and served with the motion for amendment and with the
  response to the motion for amendment. Preference must be given to carrying out the parenting plan.
          (8)      (a) If a parent or other person residing in that parent's household has been convicted of any of
  the crimes listed in subsection (8)(b), the other parent or any other person who has been granted rights to the
  child pursuant to court order may file an objection to the current parenting order with the court. The parent or
  other person having rights to the child pursuant to court order shall give notice to the other parent of the
  objection as provided by the Montana Rules of Civil Procedure, and the other parent has 21 days from the
  notice to respond. If the parent who receives notice of objection fails to respond within 21 days, the parenting
  rights of that parent are suspended until further order of the court. If that parent responds and objects, a hearing
  must be held within 30 days of the response.
          (b)      This subsection (8) applies to the following crimes:
          (i)      deliberate homicide, as described in 45-5-102;
          (ii)     mitigated deliberate homicide, as described in 45-5-103;
          (iii)    sexual assault, as described in 45-5-502;
          (iv)     sexual intercourse without consent, as described in 45-5-503;
          (v)      deviate sexual conduct with an animal, as described in 45-2-101 and prohibited under 45-8-
  218;
          (vi)     incest, as described in 45-5-507;
          (vii)    aggravated promotion of prostitution of a child sex trafficking, as described in 45-5-603(1)(b)
  [section 19];
          (viii)   endangering the welfare of children, as described in 45-5-622;
          (ix)     partner or family member assault of the type described in 45-5-206(1)(a);
          (x)      sexual abuse of children, as described in 45-5-625; and
          (xi)     strangulation of a partner or family member, as described in 45-5-215.
          (9)      Except in cases of physical, sexual, or emotional abuse or threat of physical, sexual, or
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68th Legislature 2023                                                                                             HB 112.1
  emotional abuse by one parent against the other parent or the child or when a parent has been convicted of a
  crime enumerated in subsection (8)(b), the court may, in its discretion, order the parties to participate in a
  dispute resolution process to assist in resolving any conflicts between the parties regarding amendment of the
  parenting plan. The dispute resolution process may include counseling or mediation by a specified person or
  agency, and court action.
          (10)     (a) Except as provided in subsection (10)(b), a court-ordered or de facto modification of a
  parenting plan based in whole or in part on military service orders of a parent is temporary and reverts to the
  previous parenting plan at the end of the military service. If a motion for an amendment of a parenting plan is
  filed after a parent returns from military service, the court may not consider a parent's absence due to that
  military service in its determination of the best interest of the child.
          (b)      A parent who has performed or is performing military service, as defined in 10-1-1003, may
  consent to a temporary or permanent modification of a parenting plan:
          (i)      for the duration of the military service; or
          (ii)     that continues past the end of the military service."
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          Section 5. Section 41-3-102, MCA, is amended to read:
          "41-3-102.    Definitions. As used in this chapter, the following definitions apply:
          (1)      (a) "Abandon", "abandoned", and "abandonment" mean:
          (i)      leaving a child under circumstances that make reasonable the belief that the parent does not
  intend to resume care of the child in the future;
          (ii)     willfully surrendering physical custody for a period of 6 months and during that period not
  manifesting to the child and the person having physical custody of the child a firm intention to