Criminal Justice (Domestic Violence)

HB 191 amends Montana law to create a new offense for knowingly committing domestic violence (defined as assaults under sections 45-5-202, 45-5-206, 45-5-213, or 45-5-215 against a partner or family member) while a child under 18 is present. This directly affects individuals who commit domestic violence near children, adding a separate misdemeanor charge for the child-witnessing aspect. The law specifies that "in the presence of a child" means the child is physically present or the perpetrator knows the child may see/hear the violence. A conviction carries a fine of $100-$1,000 and/or up to 1 year in jail. This amendment does not change existing domestic violence penalties but creates an additional charge specifically for incidents involving children.

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.

SB 280 revises the grant requirements for Montana's domestic violence intervention program. The bill allows the Montana Board of Crime Control to provide grants to communities. These grants are specifically for funding probation or compliance officers who monitor individuals charged with or convicted of certain domestic violence offenses, such as partner or family member assault, strangulation, or protection order violations, to ensure they follow court-ordered requirements. The legislation also continues to allow grants for courts to implement offender intervention programs.

HB 622 proposes to revise protection order laws by establishing a new process for "extreme risk orders of protection." This procedure allows law enforcement officers, partners, or family members to petition a court to temporarily prohibit an individual from possessing or acquiring firearms. A court may issue such an order if it finds the person poses a significant risk of causing personal injury to themselves or others. If an order is granted, the individual's firearms must be surrendered, and any concealed weapon permits would be revoked, with provisions for their return under specific circumstances.