Bill

Bill > SB127


MT SB127

Providing for attorney fees and costs in certain justifiable use of force cases


summary

Introduced
01/10/2025
In Committee
01/13/2025
Crossed Over
Passed
Dead
05/23/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT ENTITLED: "AN ACT REVISING LAWS RELATING TO SELF-DEFENSE; PROVIDING THAT NO PERSON MAY BE PLACED IN LEGAL JEOPARDY WHEN DEFING AGAINST A SERIOUS CRIME; AND PROVIDING THAT WHEN A DEFANT SUCCESSFULLY ARGUES THE DEFENSE OF JUSTIFIABLE USE OF FORCE, THE DEFANT IS ENTITLED TO OUT-OF-POCKET COSTS AND ATTORNEY FEES."

AI Summary

This bill provides legal protections and financial compensation for individuals who use force in self-defense or defense of others under specific circumstances. The legislation expands protections for people defending themselves against serious crimes, stating that an individual cannot be placed in legal jeopardy when using reasonable means to protect themselves, their family, or their property, or when coming to the aid of someone facing imminent danger from crimes such as assault, robbery, kidnapping, arson, burglary, sexual assault, deliberate homicide, or other forcible felonies. Importantly, if a defendant successfully argues the affirmative defense of justifiable use of force and is not convicted of the forcible felony charge, they are entitled to reimbursement of out-of-pocket costs and attorney fees, which will be paid from the prosecutor's budget. However, if the defendant is convicted of other charges not covered by the justifiable use of force defense, they remain responsible for the associated legal costs. The bill is intended to be added to Montana's existing legal statutes regarding criminal offenses, specifically within Title 45, Chapter 3, Part 1, providing clearer legal protections for individuals who use force defensively.

Committee Categories

Justice

Sponsors (1)

Last Action

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

bill text


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