HB 289 revises Montana’s child endangerment statute to expressly include exposing a child to the production or manufacture of fentanyl, heroin, or cocaine, and allowing a child to inhale, ingest, or otherwise come into contact with those drugs or related paraphernalia. The bill also updates the existing child endangerment framework by tying these drug-related acts to the offense of endangering the welfare of children, while leaving in place the statute’s other provisions on neglect, abuse, and contributing to delinquency.
The bill keeps the current misdemeanor penalties for general child endangerment but makes the drug-manufacturing/exposure conduct under subsection (3) a felony, with enhanced penalties if a child suffers serious bodily injury. It also preserves the ability of a parent or guardian to seek an order of protection against unwanted contact with a child under certain circumstances, and it retains the statute’s evidentiary and sentencing provisions.
Impact
HB 289 would amend section 45-5-622, MCA, expanding the conduct that can constitute endangering the welfare of children and creating a clearer felony-level offense for drug production or exposure in a child’s presence. In practice, the bill would give prosecutors a more direct charge when children are present in homes, vehicles, or other locations where fentanyl, heroin, cocaine, or methamphetamine are being manufactured or where children are exposed to those substances. It would affect parents, guardians, caregivers, and any adult who knowingly engages in the prohibited conduct, and it would reinforce child-protection enforcement in drug-related environments.
Sentiment
The bill appears to have been broadly supported in the House, passing committee and floor votes overwhelmingly with little recorded opposition. The Senate Judiciary Committee later voted unanimously to table the bill, and the measure ultimately died in standing committee. That pattern suggests the underlying child-safety goal was not controversial in the House, but the bill did not advance in the Senate despite no recorded dissent at the committee table motion.
Contention
The main policy issue is whether the statute should be expanded to specifically criminalize exposing children to fentanyl, heroin, and cocaine production or use, and whether that conduct should be treated as a felony. Supporters likely viewed the bill as a targeted child-protection and anti-drug enforcement measure, while any concerns would center on the breadth of the felony provision, overlap with existing drug and child-endangerment laws, and how the new language would be applied in cases involving residences, shared buildings, or other settings where children may be present. The Senate’s decision to table the bill indicates some level of institutional hesitation, even though the recorded vote did not capture a split.