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Bill would add fentanyl, heroin and cocaine to Montana child‑endangerment statute
Summary
Representative Courtney Sprunger and county attorneys urged the Judiciary Committee to expand the child‑endangerment statute to include fentanyl, heroin and cocaine, citing rising fentanyl‑related deaths and cases of children exposed in contaminated homes.
Representative Courtney Sprunger opened the Senate Judiciary Committee hearing for House Bill 289, which would explicitly add fentanyl, heroin and cocaine to the statute defining endangering the welfare of a child when a child is knowingly exposed to those substances.
Why it matters: The sponsor said Montana law currently identifies methamphetamine exposure as child endangerment but does not explicitly include other highly lethal drugs now common in Montana communities. She and county attorneys told senators that children have been found in contaminated homes, some cases involving near‑fatal ingestion, and that statutory parity would give prosecutors additional charging tools for dangerous exposure cases.
Supporters included county attorneys, sheriffs and Department of Public Health and Human Services staff. Jesse Counts, DPHHS, said the agency sees daily negative impacts of drug use on children and supported the bill while emphasizing treatment for individuals with substance use disorder. Mike Linder and other county attorneys described fentanyl’s forms and modes of use and urged the committee to close the statutory gap. Joshua Jonas and other witnesses cited Montana overdose data showing fentanyl’s share of overdose deaths rose from 9.1% in 2019 to 54.5% in 2023.
Evidence, testing and prosecution: Senators asked how exposure is proved and whether hair or blood testing is part of the bill; witnesses said hair testing is commonly used in DPHHS cases and that testing can distinguish environmental incidental exposure from levels consistent with use. County attorneys said charging decisions are typically made after considering multiple indicators (drug paraphernalia, admissions, test results); several speakers noted most cases also involve child‑welfare intervention and concurrent DPHHS action. The sponsor acknowledged that more expansive legislation (Senate Bill 231) was pending in the other chamber and said the bills could be coordinated.
No formal committee votes were recorded in the hearing.
