Criminal Registration Bill Signed Gay References Deleted Before Passage By Montana Legislators

A bill requiring lifetime registration for people convicted of violent or sexual crimes - which triggered a national uproar when legislators tried to include gays - has been signed by Gov. Marc Racicot.

House Bill 214 was among dozens signed without fanfare and announced by the governor’s office since the Legislature adjourned Thursday evening.

The bill no longer includes any registration requirement for persons convicted of homosexual acts. And for those who must register, a provision was added saying that if at least 10 years has passed since a person’s last conviction, the offender can petition a district court to be relieved of the duty to register.

The original aim of the bill, introduced by Rep. Deb Kottel, D-Great Falls, was to require violent and sexual offenders to register with police for life, instead of the 10 years required under the previous law.

A Senate committee voted to list deviate sexual conduct, which includes sodomy and bestiality, among the crimes requiring lifetime registration. And when the Republican majority refused on the Senate floor to take out registration for gays, the issue drew national attention.

No matter that Montana’s law forbidding homosexual acts is considered unenforceable by prosecutors and the chances of a conviction requiring registration were almost nil. The symbolism behind the bill - grouping homosexuals with violent criminals - roused anger and opposition on a national scale.

Senators were swamped with phone calls from critics attacking them for their votes and from news organizations seeking interviews. The governor’s office received dozens of calls urging him to veto the bill if it reached his desk.

In less than two days, beleaguered senators had had enough and reversed their decision. But Kottel said the damage had already been done to Montana’s reputation.

“There are still probably millions of Americans who believe Montana is a hate state,” Kottel said.