Montana

Recent / Pending Legislation

Arrestees: No law.

Convicted Offenders: Yes.

Qualifying Crimes: Montana requires DNA collection from:

• 1. Persons convicted of felony offenses;
• 2. Youth found to have committed a sexual or violent offense pursuant to an adjudicatory hearing;
• 3. Person required to register as a sexual or violent offender;
• 4. Person ordered to provide a biological sample for DNA testing by a judge as an additional restriction on a sentence;
• 5. Adult offender convicted in another state and sentenced to death or imprisonment for more than 1 year who is subject to supervision by the Department of Corrections pursuant to the Interstate Compact for Adult Offender Supervision.

Time of Collection: Collected following entry of judgment.

Expungement: Where a felony conviction — or a youth’s adjudication for a sexual or violent offense — is reversed, the related record must be expunged from the DNA identification index. The county attorney of the county of conviction must notify the department of the reversal.

Statutes / Case Law

• Mont. Code Ann. § 41-5-1502 – Adjudicatory hearing
• 44-6-101 – Definitions
• 44-6-102 – Establishment of DNA Identification Index
• 44-6-103 – Collection of samples and maintenance of data
• 44-6-107 – Expungement of DNA records
• 46-18-202 – Additional restrictions on sentence46-23-504 – Persons Required To Register – Procedure
• 46-23-1115 – Interstate Compact For Adult Offender Supervision
• Courts have upheld the mandatory-collection provision for persons convicted of a felony. See State v. Ramming, 330 Mont. 397 (2005).

Legislative History

Original Enactment — Ch. 251, L. 1995 (54th Legislature) This was the foundational bill that created Montana’s entire DNA database program, enacting MCA 44-6-101 (definitions), 44-6-102 (the index), and 44-6-103 (sample collection mandate). The original 1995 statute covered only individuals convicted of a sexual or violent offense. The administrative rule implementing it (Mont. Admin. r. 23.4.502) took effect August 9, 1996.

First Amendment — Ch. 147, L. 1999 (56th Legislature) This amendment modified MCA 44-6-101 through 44-6-103 to add: (a) the youth offender provision (cross-referencing § 41-5-1502), and (b) DNA collection upon order of a sentencing judge (cross-referencing § 46-18-202).

Second Amendment — Ch. 565, L. 2001 (57th Legislature) = HB 359, sponsored by Rep. Paul Clark, titled “Expand DNA database to all felonies.” It expanded the DNA index from sexual/violent offenses to all felony offenses, which is the current scope reflected in § 44-6-102(2)(a).

No program or law found.

• Montana enacted Mont. Code Ann. § 46-18-1113 (HB 612, 2021), one of the first two state FGG statutes in the nation. The law requires a search warrant based on probable cause before law enforcement may conduct a genealogical search of any government or consumer DNA database. Montana’s statute is one of the most restrictive in the nation; it does not distinguish by crime type and applies broadly. Montana also enacted broader genetic privacy protections in 2023 (SB 351), updated effective June 1, 2025.
• HB 602 (2023, enacted) – requires law enforcement to obtain a search warrant before utilizing a consumer DNA database to conduct familial searches or genetic genealogy tracing.

No program or law found.

No program or law found.