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Committee considers moving elder-exploitation crimes into criminal code; prosecutors seek clearer tools
Summary
Prosecutors, elder-protection advocates and law enforcement supported HB 532 to consolidate and strengthen statutes on abuse, neglect and exploitation of vulnerable adults by moving definitions and offenses into the criminal code and improving evidentiary rules; witnesses said the change would improve accessibility for police and prosecutors.
Representative Bill Mercer introduced House Bill 532, a measure drafted with the Montana Department of Justice to consolidate statutes addressing abuse, neglect and exploitation of elders and vulnerable adults by bringing them into Title 45 (the criminal code) and clarifying definitions and penalties.
Mike Fanning, Montana's elder-justice prosecutor, told the committee that his unit is small but that prosecutorial tools are limited by the current statutory layout. "There are shortcomings in our system," Fanning said, and moving the substantive offenses into the criminal code would make them more visible and usable to law enforcement and prosecutors.
Fanning and other proponents described inconsistencies in current law where some forms of physical abuse or certain exploitation definitions are scattered across Title 52 and Title 45. The bill would make physical abuse, financial exploitation, and related offenses subject to Title 45 procedures and would add protections for vulnerable adults, including expanded definitions and sentencing enhancement options when the victim is incapacitated.
Trevor Tangen, bureau chief for Adult Protective Services at the Department of Public Health and Human Services, supported the bill and said it would "mitigate potential conflicts" between titles and improve accessibility for law enforcement and prosecutors. Representatives of tribal communities also voiced support for stronger enforcement tools to protect elders on and off reservations.
Law enforcement witnesses, including a police captain who investigates vulnerable-adult cases, said the current statutory layout sometimes forces them to search multiple code sections, delaying investigations. Charles Denowh, representing the Alzheimer's Association and the Montana Association of Chiefs of Police, told the committee the change would assist officers in investigating difficult cases.
Brett Chandelson of the Office of the State Public Defender advised the panel to watch for fiscal implications and noted prosecutors and defense counsel would work through confrontation and hearsay exceptions if the bill expands the availability of out-of-court statements. Committee members asked about age thresholds (60 vs. 65) and harmonization of abuse definitions; sponsors and witnesses said the changes are intended to unify and modernize the approach to vulnerable-adult crimes.
The committee did not vote at the hearing and the sponsor asked for a favorable consideration to clarify and centralize prosecution tools for elder abuse.
