Senate Bill 348 would raise penalties for repeat sexual assault convictions; sponsor and members debated scope and registry consequences

Sen. Jeremy Trebus, R‑Great Falls, told the House Judiciary Committee that Senate Bill 348 would increase criminal penalties for repeated convictions of what the sponsor described as certain sexual‑contact offenses and would alter the definition of qualifying offenses for the sex‑offender registry.

Trebus said the bill raises fines and incarceration terms for first, second and third convictions (the draft on its face increases maximum jail terms and fines and increases the potential punishment on repeat convictions) and, at the committee’s drafting counsel’s direction, also amends the registration statute so that a second conviction for the covered assault would trigger registration requirements. The sponsor said the change is intended to make penalties proportional for repeat offenders and cited public reports about a hospital case and other incidents that prompted the bill.

Committee members questioned scope and collateral consequences. Representative Jed Hinkle asked where the registry change appears in the bill; counsel identified language in the bill’s definitions section amending the definition of a “sexual offense” for registration purposes. Members raised concerns that the statute’s definition of “sexual contact” can include touching over clothing and that raising penalties could unintentionally convert some teenage misconduct or minor incidents into a felony on a second conviction. The sponsor said prosecutorial discretion and judicial sentencing discretion would limit overreach.

Members noted a technical drafting issue: a struck word (“exceed”) in the bill’s penalty line appeared inconsistent and counsel said a technical amendment would restore the conventional phrasing “a term not to exceed [X] years.” The Department of Corrections appeared as an informational witness but did not take a position in the hearing. No committee action was taken on the bill.