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Senate Judiciary advances bill to consolidate and strengthen elder abuse, neglect and exploitation statutes
Summary
The Senate Judiciary Committee voted to concur on House Bill 5 32 after hearing testimony from prosecutors, state agencies and elder-advocacy groups that the bill will move statutes into the criminal code, clarify definitions and make prosecution more accessible for crimes against vulnerable adults.
Rep. Bill Mercer, R‑Billings, asked the Senate Judiciary Committee to concur on House Bill 5 32, legislation that would align statutes for vulnerable‑adult abuse, neglect and exploitation within Title 45 of the Montana Code Annotated and expand evidentiary and sentencing definitions for those crimes.
The measure, proponents said, is intended to make it easier for law enforcement and prosecutors to find and treat offenses against elderly and vulnerable adults as mainstream criminal offenses rather than hiding them across multiple code titles.
Mercer told the committee the bill focuses on consolidating scattered provisions and fixing technical gaps, including applying the trial‑evidence hearsay exception to abuse and neglect and making certain offenses clearly fall within sentencing categories prosecutors use. "Section 7 is really important," Mercer said, describing provisions that preserve testimony when a victim becomes incapacitated during a long investigation.
Mike Fanning, the state’s elder‑justice prosecutor, said the bill responds to practical problems: definitions and penalties for crimes against vulnerable adults are scattered in Title 52, which causes confusion for police and prosecutors. "What this bill will do is bring those existing crimes ... and rejoin them in Title 45 where they should be," Fanning said, adding that doing so will make detection and prosecution more straightforward.
Trevor Tangen, bureau chief for Adult Protective Services at the Department of Public Health and Human Services, told the panel the bill "removes barriers to prosecuting those who offend against our vulnerable population and ensures justice for victims of abuse, neglect and exploitation." AARP Montana, the Montana Sheriffs and Peace Officers Association and the Montana County Attorneys Association also testified in support.
After proponents and an informational witness from the public defender’s office, the committee concurred and passed House Bill 5 32 out of Senate Judiciary.
The bill now moves to the full Senate; Representative Mercer said he has not yet named a floor sponsor but will work with the committee on next steps.
