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House backs tougher penalty for tampering with homicide evidence
Summary
House Bill 44, which would increase penalties for tampering with or fabricating physical evidence in connection with a homicide when it impedes determination of cause or manner of death, passed second reading 96-4.
The Montana House approved House Bill 44 by a vote of 96 to 4, advancing a proposal to increase penalties for tampering with or fabricating physical evidence in homicide cases when those actions impair a coroner's or medical examiner's ability to determine a cause or manner of death.
Representative Baum introduced the bill at the request of his county attorney's office and described local homicide cases in which body concealment and destruction prevented medical examiners from making definitive determinations. Under current statute (MCA 45-5-102, deliberate homicide), the inability to establish a cause of death can limit charging for deliberate homicide; the sponsor said HB 44 would add a separate offense for evidence tampering tied to homicide investigations and raise the maximum imprisonment to up to 40 years, a fine of up to $100,000, or both.
Members who spoke in support cited experiences from EMS, coroners and law enforcement showing increasingly violent crimes and said stronger penalties could deter people from destroying evidence and provide more justice for families. Representative Guest and Representative Hawk both said they would vote for the bill to support victims and law enforcement.
Motion and vote: Representative Baum moved that the committee recommend House Bill 44 "do pass." The clerk recorded 96 ayes and 4 no votes; the bill passed second reading.
Next steps: HB 44 moves forward in the legislative process for further consideration.
