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Bill > SB383


MT SB383

Generally revise partner family member assault laws to prevent victim from being charged with assault


summary

Introduced
02/20/2025
In Committee
02/21/2025
Crossed Over
Passed
Dead
05/23/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO PARTNER OR FAMILY MEMBER ASSAULT; DEFINING "VICTIM" IN WHICH VICTIMS MAY NOT BE CHARGED WITH PARTNER OR FAMILY MEMBER ASSAULT; AND AMING SECTIONS 45-5-206 AND 45-5-215, MCA.”

AI Summary

This bill revises Montana's partner or family member assault laws to clarify and strengthen protections for victims of domestic violence. The key provisions include defining a "victim" as the partner or family member against whom an assault is committed, explicitly stating that a victim may use self-defense and still be considered a victim, and critically, prohibiting a victim from being charged with partner or family member assault. The bill amends existing statutes to ensure that only one party in a domestic violence incident can be charged with assault, preventing situations where victims might be criminalized for defending themselves. The legislation maintains existing penalties for offenders, which include fines ranging from $100 to $50,000 and potential jail or prison time depending on the number of prior offenses. Additionally, the bill continues to require offenders to complete counseling assessments focusing on violence, controlling behavior, and potential chemical dependency. The changes aim to provide clearer legal protections for victims of domestic violence and prevent their potential prosecution when they act in self-defense during a domestic assault situation.

Committee Categories

Justice

Sponsors (1)

Last Action

(S) Died in Process (on 05/23/2025)

bill text


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