Generally revise partner family member assault laws to prevent victim from being charged with assault
SB 383 amends Montana law to prevent victims of partner or family member assault from being charged with assault themselves. The bill specifically adds Section 1(9) to Section 45-5-206, MCA, stating: "A victim may not be charged with partner or family member assault." This directly affects domestic violence victims who may have been prosecuted for defending themselves against abusers. The key mechanism is a clear legal prohibition on charging victims, ensuring only the abuser can face criminal charges in such incidents. The bill does not change penalties for offenders or other provisions like mandatory counseling.
Bill status
died
1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 20, 2025
Last action May 23, 2025
Maddy AI version diff · 1 comparison
What changed between versions
LC0054.pdf
→
SB0383_1.pdf
·
2 edits
MINOR
The bill number was changed from LC 0054 to SB 383, indicating it is now a Senate bill rather than a legislative committee bill. A new provision was added allowing offenders to receive additional counseling beyond the minimum 40 hours if available treatment programs specifically address the violent or controlling conduct of the offender.
Scope change
The bill's scope remains focused on partner or family member assault sentencing, but the added provision expands treatment options for offenders with specific behavioral patterns.
TECHNICAL
Bill designation changed from LC 0054 to SB 383, reflecting its introduction in the Senate.
REQUIREMENT
Added provision allowing offenders to access additional counseling beyond the minimum 40 hours when available programs specifically target violent or controlling conduct.
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
21
Key actions
1
Committee
2
Amendments
1
Feb 28, 2025
Amended
(S) Tabled in Committee - (S) Judiciary
upper
Feb 28, 2025
Upper · Passed
(S) Committee Executive Action - (S) Judiciary
upper
Feb 21, 2025
Committee
(S) Referred to Committee - (S) Judiciary
upper
Feb 20, 2025
Introduced
(S) Introduced
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Daniel Emrich
RRepublican
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