By Clayton Murphy | UM Legislative News Service, University of Montana School of Journalism

Bill that would create hefty sentences for DUI deaths advances

HELENA — Montana Legislators are pushing for changes to DUI laws – laws that Rep. Braxton Mitchell, R-Columbia Falls, calls a national embarrassment.

Mitchell is carrying House Bill 267, known as “Bobby’s Law” in honor of 21-year-old Bobby Dewbre, who was killed by a drunk driver in Columbia Falls in 2023. The driver served the maximum 18-month sentence.

Under HB 267, if a driver kills someone while registering a blood alcohol content of 0.16 or higher, twice the legal limit, they would be charged with aggravated vehicular homicide and serve no less than three years in prison. The bill advanced on a 92-8 vote in the House on Feb. 6.

The bill’s emotional committee hearing late last month brought in about 80 proponents, many sharing personal stories of loss. There were no opponents. 

Dewbre’s father, Robert Dewbre, spoke in support of the bill. He shared stories of how drunk driving was normalized in his youth and about his own experiences driving under the influence until he quit drinking completely.

“I cannot bring Bob back,” Dewbre said. “But Bobby’s law would mitigate these deaths. Hopefully by providing an effective deterrent. But at the very least by taking drivers unwilling to change off the streets.”

In a House floor hearing on Feb. 6, Rep. Tracy Sharp, R-Polson, rose in support.

“Now that I’m in this great hall as an elected member, I can’t go back to them and tell those constituents, ‘You know what, when we had a chance to consider this, we decided the status quo was just fine,’” Sharp said.

One of the few concerns about the bill came from Rep. Tom France, D-Missoula. He said he was reluctant to oppose but saw issues with the one-size-fits-all approach.

“ The problem with this bill is it mandates certain outcomes and it does not give county prosecutors the discretion to recognize that every tragedy is a unique tragedy and that in some instances a mandatory sentence by the judge may not be the appropriate punishment,” France said.

The bill advanced with wide bipartisan support and now heads to the House Appropriations Committee for review. Missoula Democratic Rep. Zooey Zephyr spoke in support of the bill, which she said was unusual for these types of bills. Zephyr said she could not ignore the obvious importance the issue has to Montanans. 

Last year, an analysis from Forbes ranked Montana No. 1 in the nation for drunk driving deaths. 

Child support payments could begin at conception under bill

HELENA — Women in Montana would be able to request child support payments starting at conception if a bill in the Montana House of Representatives becomes law.

The House Judiciary Committee heard testimony for House Bill 288 on Feb. 6. Proponents said fathers should bear part of the financial burden of prenatal care, particularly in unplanned pregnancies.

Opponents, however, said Montana law already allows women to collect child support for prenatal care after a child’s birth and the bill would complicate medical decisions and put victims of sexual and domestic violence at risk of continued assault and manipulation.

Rep. Courtenay Sprunger, R-Kalispell, is carrying the bill and said it is part of being consistent with other pro-life legislation she has supported.

“If we are to say that life begins at conception, then we must acknowledge that responsibility and real-life expenses that begin there too,” Sprunger said.

Proponent James Talbot is the men’s services lead at Options Clinic, a sexual health clinic in Helena that offers prenatal care and support. Talbot became a father at 19-years-old and said he has seen the consequences of low expectations for fathers.

“ Where I was told to expect ruin, I found beauty. You cannot legislate the desire to be a good father into a man’s heart, but you can legislate an expectation of his behavior,” Talbot said. “ Many men will rise to a challenge that’s laid before them if the challenge will be made.”

Tracy Ullrey, the CEO of Options Clinic, also supported the bill.

“ And while this bill cannot address the emotional support, it can address the financial. Circumstances of ‘I cannot afford it’ is the most common reason we hear for women struggling,” Ullrey said.

Opponent Anna Williams, a lawyer focusing on family law, said HB 288 is redundant.

Dr. Timothy Mitchell also opposed the bill. Mitchell specializes in maternal medicine for high-risk pregnancies. He said the bill may influence possible fathers to determine pregnancy as early as possible.

“HB 288 introduces pressure for early paternity determinations, which could coerce individuals into undergoing unnecessary and invasive testing, such as chorionic villus sampling or amniocentesis,” Mitchell said.

The House Judiciary Committee is still discussing the bill.

Bill would remove parts of 1895 dueling laws

HELENA — Under current Montana law, the winner of a duel may be responsible for supporting the family of their slain opponent.

Even though killing someone, in a duel or not, is illegal, that code from 1895 is still on the books. House Bill 247 would repeal it.

Rep. Braxton Mitchell, R-Colombia Falls, is carrying the bill, which passed the House Wednesday and now moves to the Senate.

“This wasn’t a bill I thought I’d be bringing this session but after working with the Lieutenant Governor on more serious red-tape relief bills, she mentioned this outdated section of code from 1895 and asked if I would carry this for her office,” Mitchell said.

Lt. Gov. Kristen Juras said in a committee meeting for the bill in late January that the old law implies dueling is legal.

“We review the code on a systematic basis to identify outdated, unnecessary statutes and this was a fun one that came to our attention,” Juras said.

Juras and the governor’s office have made revising outdated or overcomplicated laws a focal point this session.

Juras said the dueling portion of the Montana Code was last updated in 2009 to make the law, along with the rest of the Montana Code, gender-neutral. The change made it so damages would apply if a spouse of any gender were killed or injured in a duel.

State government could be banned from buying opioid overdose reversal drugs from companies that contributed to opioid crisis

HELENA — Sen. Mike Yakawich, R-Billings, compares the state’s purchase of overdose reversal drugs like naloxone from companies that have contributed to the opioid crisis to “paying the arsonist to put out his own fire.”

Yakawich is carrying Senate Bill 112, which would ban government purchase of opioid overdose reversal drugs from companies like Purdue Pharma and Hikma Pharmaceuticals. The bill passed the Senate Feb. 4 on a 49-1 vote and is now scheduled for a hearing in the House Human Services Committee on Feb. 17.

Attorneys General across the country have accused Hikma of failing to monitor and report suspicious opioid orders from potentially illegal distributors for more than 15 years. Purdue has sold an opioid antagonist since 2022 and Hikma has developed an opioid antagonist twice the dose of naloxone.

Yakawich received a letter from several former and current Attorneys General urging legislators to “assure that states only purchase life-saving opioid overdose medications from entities that were not involved in causing or fueling the opioid epidemic.”

Sen. Jason Ellsworth, R-Hamilton, raised concerns during a debate Monday that the bill could squeeze supply across the state.

“If we’re saying ‘federal funds,’ well, if these other non-profits out there are utilizing federal funds, then how would they be able to purchase these things?” Ellsworth said.

But Sen. Carl Glimm, R-Kila, said the change would not affect the supply of these drugs.

“ We’re just going to buy it from somebody that didn’t make a whole bunch of money getting people addicted and causing this horrible problem,” Glimm said.

Senate advances bill that would criminalize gender-affirming care for minors

HELENA — The Montana House of Representatives will now have the chance to debate a bill that would make providing gender-affirming care to children under the age of 16 a felony for endangering the welfare of a child. The Senate passed the bill last week on a 30-20 vote.

Senate Bill 164 would classify surgical procedures, puberty blockers or hormones like testosterone and estrogen provided to children for gender-affirming treatment as criminal offenses. 

Proponents of the bill said it would protect children from life-altering procedures while opponents said it would infringe on parental rights, cost the state money to enforce and potentially break up families if parents seek care for their children.

Sen. John Fuller, R-Kalispell, is carrying the bill. In 2023, the Legislature passed a similar bill from Fuller but that has been held up in the courts. Fuller said on the Senate floor that SB 164 would avoid that same fate because it amends current child abuse laws to include providing this type of care. 

“We have a compelling state interest to prevent children from being mutilated physically and chemically. So that they have lifelong medical intervention problems. I urge you, please, to protect the children of Montana,” Fuller said.

Sen. Daniel Emrich, R-Great Falls, agreed. He said Montana has a child abuse crisis that SB 164 seeks to address.

Bozeman Democratic Sen. Cora Neumann opposed the bill, addressing parents directly during part of her argument.

“Parents should have the freedom to make the best choices that they can for their children. The state does not have a compelling interest in increasing suicide rates and separating families, which is what this bill would do,” Neumann said. 

Fuller said the bill would not penalize mental health support for gender dysphoria, an issue he acknowledged was of increasing importance. 

The bill passed with all but two Republicans voting for it and all Democrats voting against it.

Clayton Murphy is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association, the Montana Newspaper Association and the Greater Montana Foundation. Murphy can be reached at clayton.murphy@umconnect.umt.edu.