This bill prohibits Montana local governments from enacting or enforcing extreme risk protection orders, commonly known as red flag laws, which temporarily remove firearms from individuals deemed a risk to themselves or others. It also bars localities from accepting state or federal funds designated for implementing such orders and establishes a $10,000 civil penalty for violations. The legislation defines these orders as court directives aimed at reducing firearm-related risks by restricting firearm possession or requiring surrender of weapons, while explicitly excluding standard domestic violence restraining orders. Additionally, the bill amends state law to clarify that local governments cannot exercise powers affecting the right to keep or bear arms.
This bill updates how Montana funds domestic violence intervention programs by allowing the state Board of Crime Control to issue grants to communities for probation officers who monitor court-ordered requirements for offenders charged with partner or family member assault, strangulation, or violations of protection orders. It also permits grants to courts for implementing offender intervention programs that meet specific state standards. The legislation requires the board to set funding priorities, track how organizations spend the money, and evaluate the effectiveness of the services provided. These changes apply to community organizations and courts that receive state funding to support domestic violence prevention and offender compliance efforts.
This bill revises Montana's laws regarding the crime of endangering the welfare of children by clarifying specific situations and adding new offenses. It defines when parents or guardians are not violating their duties, such as allowing children to travel to school or engage in outdoor play, while also establishing stricter penalties for adults who manufacture methamphetamine in places where children might be present. The legislation also makes it a separate offense to commit certain domestic violence crimes against a partner or family member while a child is present, and it provides a mechanism for parents to request protective orders against adults who continue contacting children against their wishes.
This bill revises Montana's partner or family member assault laws to clarify that individuals acting in self-defense against an assault are considered victims and cannot be charged with the assault themselves. It directly affects people who may have been involved in a conflict with a partner or family member where they defended themselves from physical harm or threats. The key provision explicitly defines a "victim" to include anyone acting in self-defense, ensuring they are not prosecuted for the assault they were defending against. The bill also maintains existing penalties for offenders, including fines, jail time, and mandatory counseling requirements, while updating definitions of family members and partners to include various relationship types.
This bill expands Montana's criminal record expungement laws to include certain nonviolent felony offenses, allowing individuals with such convictions to petition for the permanent removal of their criminal records. It defines expungement as the permanent destruction or erasure of arrest and court records, while excluding violent offenses and certain serious crimes like assault, stalking, and driving under the influence. Under the new provisions, people convicted of nonviolent felonies may request expungement after a 10-year waiting period without new charges, whereas misdemeanor expungement requires a 5-year wait. The bill also establishes that expungement is presumed if the petitioner has no pending charges and meets the waiting period requirements, though courts retain discretion to deny requests based on factors like rehabilitation and likelihood of reoffending.
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.
This bill requires offenders convicted of partner or family member assault (including domestic violence) to complete a minimum of 40 hours of court-approved counseling focused on violent or controlling behavior. The counseling must be provided by a licensed professional, a qualified specialist, or a specialized domestic violence program meeting specific standards. Offenders must follow all recommendations from the counseling provider, and the court or Department of Corrections must approve all providers. This applies to all convictions under Montana's partner/family assault laws, including out-of-state domestic violence offenses, and is added to existing sentencing penalties.
This bill (LC 3188) was never enacted, as it died in the drafting process on May 27, 2025. The title indicates it aimed to revise legal protections for domestic abuse survivors, but no specific provisions or mechanisms were developed or introduced for public review. Since the bill did not advance beyond the drafting stage, no concrete policy changes were proposed or implemented. Therefore, no summary of its effects or key provisions can be provided.
