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11 23-508, MCA.”
15 Section 1. Section 40-4-219, MCA, is amended to read:
16 "40-4-219. Amendment of parenting plan -- mediation. (1) The court may in its discretion amend a
17 prior parenting plan if it finds, upon the basis of facts that have arisen since the prior plan or that were unknown
18 to the court at the time of entry of the prior plan, that a change has occurred in the circumstances of the child
19 and that the amendment is necessary to serve the best interest of the child.
20 (a) In determining how a proposed change will affect the child, the court shall consider the
21 potential impact of the change on the criteria in 40-4-212 and whether:
22 (i) the parents agree to the amendment;
23 (ii) the child has been integrated into the family of the petitioner with consent of the parents;
24 (iii) the child is 14 years of age or older and desires the amendment; or
25 (iv) one parent has willfully and consistently:
26 (A) refused to allow the child to have any contact with the other parent; or
27 (B) attempted to frustrate or deny contact with the child by the other parent.
28 (b) If one parent has changed or intends to change the child's residence in a manner that
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1 significantly affects the child's contact with the other parent, the court shall consider, in addition to all the criteria
2 in 40-4-212 and subsection (1)(a):
3 (i) the feasibility of preserving the relationship between the nonrelocating parent and the child
4 through suitable visitation arrangements, considering the logistics and financial circumstances of the parties;
5 (ii) the reasons of each parent for seeking or opposing the change of residence;
6 (iii) whether the parent seeking to change the child's residence has demonstrated a willingness to
7 promote the relationship between the child and the nonrelocating parent; and
8 (iv) whether reasonable alternatives to the proposed change of residence are available to the
9 parent seeking to relocate.
10 (2) A court may modify a de facto parenting arrangement in accordance with the factors set forth in
11 40-4-212.
12 (3) The court shall presume a parent is not acting in the child's best interest if the parent does any
13 of the acts specified in subsection (1)(a)(iv) or (8).
14 (4) The court may amend the prior parenting plan based on subsection (1)(b) to provide a new
15 residential schedule for parental contact with the child and to apportion transportation costs between the
16 parents.
17 (5) Attorney fees and costs must be assessed against a party seeking frivolous or repeated
18 amendment if the court finds that the amendment action is vexatious and constitutes harassment.
19 (6) A parenting plan may be amended pursuant to 40-4-221 upon the death of one parent.
20 (7) As used in this section, "prior parenting plan" means a parenting determination contained in a
21 judicial decree or order made in a parenting proceeding. In proceedings for amendment under this section, a
22 proposed amended parenting plan must be filed and served with the motion for amendment and with the
23 response to the motion for amendment. Preference must be given to carrying out the parenting plan.
24 (8) (a) If a parent or other person residing in that parent's household has been convicted of any of
25 the crimes listed in subsection (8)(b), the other parent or any other person who has been granted rights to the
26 child pursuant to court order may file an objection to the current parenting order with the court. The parent or
27 other person having rights to the child pursuant to court order shall give notice to the other parent of the
28 objection as provided by the Montana Rules of Civil Procedure, and the other parent has 21 days from the
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1 notice to respond. If the parent who receives notice of objection fails to respond within 21 days, the parenting
2 rights of that parent are suspended until further order of the court. If that parent responds and objects, a hearing
3 must be held within 30 days of the response.
4 (b) This subsection (8) applies to the following crimes:
5 (i) deliberate homicide, as described in 45-5-102;
6 (ii) mitigated deliberate homicide, as described in 45-5-103;
7 (iii) sexual assault, as described in 45-5-502;
8 (iv) sexual intercourse without consent, as described in 45-5-503;
9 (v) deviate sexual conduct with an animal or dead human body, as described in 45-2-101 and
10 prohibited under 45-8-218;
11 (vi) incest, as described in 45-5-507;
12 (vii) aggravated promotion of prostitution of a child, as described in 45-5-603(1)(b);
13 (viii) endangering the welfare of children, as described in 45-5-622;
14 (ix) partner or family member assault of the type described in 45-5-206(1)(a);
15 (x) sexual abuse of children, as described in 45-5-625; and
16 (xi) strangulation of a partner or family member, as described in 45-5-215.
17 (9) Except in cases of physical, sexual, or emotional abuse or threat of physical, sexual, or
18 emotional abuse by one parent against the other parent or the child or when a parent has been convicted of a
19 crime enumerated in subsection (8)(b), the court may, in its discretion, order the parties to participate in a
20 dispute resolution process to assist in resolving any conflicts between the parties regarding amendment of the
21 parenting plan. The dispute resolution process may include counseling or mediation by a specified person or
22 agency, and court action.
23 (10) (a) Except as provided in subsection (10)(b), a court-ordered or de facto modification of a
24 parenting plan based in whole or in part on military service orders of a parent is temporary and reverts to the
25 previous parenting plan at the end of the military service. If a motion for an amendment of a parenting plan is
26 filed after a parent returns from military service, the court may not consider a parent's absence due to that
27 military service in its determination of the best interest of the child.
28 (b) A parent who has performed or is performing military service, as defined in 10-1-1003, may
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1 consent to a temporary or permanent modification of a parenting plan:
2 (i) for the duration of the military service; or
3 (ii) that continues past the end of the military service."
5 Section 2. Section 45-2-101, MCA, is amended to read:
6 "45-2-101. General definitions. Unless otherwise specified in the statute, all words must be taken in
7 the objective standard rather than in the subjective, and unless a different meaning plainly is required, the
8 following definitions apply in this title:
9 (1) "Acts" has its usual and ordinary meaning and includes any bodily movement, any form of
10 communication, and when relevant, a failure or omission to take action.
11 (2) "Administrative proceeding" means a proceeding the outcome of which is required to be based
12 on a record or documentation prescribed by law or in which a law or a regulation is particularized in its
13 application to an individual.
14 (3) "Another" means a person or persons other than the offender.
15 (4) (a) "Benefit" means gain or advantage or anything regarded by the beneficiary as gain or
16 advantage, including benefit to another person or entity in whose welfare the beneficiary is interested.
17 (b) Benefit does not include an advantage promised generally to a group or class of voters as a
18 consequence of public measures that a candidate engages to support or oppose.
19 (5) "Bodily injury" means physical pain, illness, or an impairment of physical condition and includes
20 mental illness or impairment.
21 (6) "Child" or "children" means any individual or individuals under 18 years of age, unless a
22 different age is specified.
23 (7) "Cohabit" means to live together under the representation of being married.
24 (8) "Common scheme" means a series of acts or omissions resulting in a pecuniary loss to the
25 victim of at least $1,500, or $1,500 in value, motivated by a purpose to accomplish a single criminal objective or
26 by a common purpose or plan that results in the repeated commission of the same offense or that affects the
27 same person or the same persons or the property of the same person or persons.
28 (9) "Computer" means an electronic device that performs logical, arithmetic, and memory functions
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1 by the manipulation of electronic or magnetic impulses and includes all input, output, processing, storage,
2 software, or communication facilities that are connected or related to that device in a system or network.
3 (10) "Computer network" means the interconnection of communication systems between computers
4 or computers and remote terminals.
5 (11) "Computer program" means an instruction or statement or a series of instructions or
6 statements, in a form acceptable to a computer, that in actual or modified form permits the functioning of a
7 computer or computer system and causes it to perform specified functions.
8 (12) "Computer services" include but are not limited to computer time, data processing, and storage
9 functions.
10 (13) "Computer software" means a set of computer programs, procedures, and associated
11 documentation concerned with the operation of a computer system.
12 (14) "Computer system" means a set of related, connected, or unconnected devices, computer
13 software, or other related computer equipment.
14 (15) "Conduct" means an act or series of acts and the accompanying mental state.
15 (16) "Conviction" means a judgment of conviction and sentence entered upon a plea of guilty or
16 nolo contendere or upon a verdict or finding of guilty of an offense rendered by a legally constituted jury or by a
17 court of competent jurisdiction authorized to try the case without a jury.
18 (17) "Correctional institution" means a state prison, detention center, multijurisdictional detention
19 center, private detention center, regional correctional facility, private correctional facility, or other institution for
20 the incarceration of inmates under sentence for offenses or the custody of individuals awaiting trial or sentence
21 for offenses.
22 (18) "Deception" means knowingly to:
23 (a) create or confirm in another an impression that is false and that the offender does not believe
24 to be true;
25 (b) fail to correct a false impression that the offender previously has created or confirmed;
26 (c) prevent another from acquiring information pertinent to the disposition of the property involved;
27 (d) sell or otherwise transfer or encumber property without disclosing a lien, adverse claim, or
28 other legal impediment to the enjoyment of the property, whether the impediment is or is not of value or is or is
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1 not a matter of official record; or
2 (e) promise performance that the offender does not intend to perform or knows will not be
3 performed. Failure to perform, standing alone, is not evidence that the offender did not intend to perform.
4 (19) "Defamatory matter" means anything that exposes a person or a group, class, or association to
5 hatred, contempt, ridicule, degradation, or disgrace in society or to injury to the person's or its business or
6 occupation.
7 (20) "Deprive" means:
8 (a) to withhold property of another:
9 (i) permanently;
10 (ii) for such a period as to appropriate a portion of its value; or
11 (iii) with the purpose to restore it only upon payment of reward or other compensation; or
12 (b) to dispose of the property of another and use or deal with the property so as to make it unlikely
13 that the owner will recover it.
14 (21) "Deviate sexual relations" means any form of sexual intercourse with an animal or dead human
15 body.
16 (22) "Document" means, with respect to offenses involving the medicaid program, any application,
17 claim, form, report, record, writing, or correspondence, whether in written, electronic, magnetic, microfilm, or
18 other form.
19 (23) "Felony" means an offense in which the sentence imposed upon conviction is death or
20 imprisonment in a state prison for a term exceeding 1 year.
21 (24) "Forcible felony" means a felony that involves the use or threat of physical force or violence
22 against any individual.
23 (25) A "frisk" is a search by an external patting of a person's clothing.
24 (26) "Government" includes a branch, subdivision, or agency of the government of the state or a
25 locality within it.
26 (27) "Harm" means loss, disadvantage, or injury or anything so regarded by the person affected,
27 including loss, disadvantage, or injury to a person or entity in whose welfare the affected person is interested.
28 (28) A "house of prostitution" means a place where prostitution or promotion of prostitution is
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1 regularly carried on by one or more persons under the control, management, or supervision of another.
2 (29) "Human being" means a person who has been born and is alive.
3 (30) An "illegal article" is an article or thing that is prohibited by statute, rule, or order from being in
4 the possession of a person subject to official detention.
5 (31) "Inmate" means a person who is confined in a correctional institution.
6 (32) (a) "Intoxicating substance" means a controlled substance, as defined in Title 50, chapter 32,
7 and an alcoholic beverage, including but not limited to a beverage containing 1/2 of 1% or more of alcohol by
8 volume.
9 (b) Intoxicating substance does not include dealcoholized wine or a beverage or liquid produced
10 by the process by which beer, ale, port, or wine is produced if it contains less than 1/2 of 1% of alcohol by
11 volume.
12 (33) An "involuntary act" means an act that is:
13 (a) a reflex or convulsion;
14 (b) a bodily movement during unconsciousness or sleep;
15 (c) conduct during hypnosis or resulting from hypnotic suggestion; or
16 (d) a bodily movement that otherwise is not a product of the effort or determination of the actor,
17 either conscious or habitual.
18 (34) "Juror" means a person who is a member of a jury, including a grand jury, impaneled by a court
19 in this state in an action or proceeding or by an officer authorized by law to impanel a jury in an action or
20 proceeding. The term "juror" also includes a person who has been drawn or summoned to attend as a
21 prospective juror.
22 (35) "Knowingly"--a person acts knowi