Bill Summary – FastDemocracy

****
68th Legislature 2023                                                                                            SB 149.1
  1                                                 SENATE BILL NO. 149
  2                                               INTRODUCED BY D. LENZ
  3
  4    A BILL FOR AN ACT ENTITLED: “AN ACT ESTABLISHING PENALTIES FOR FALSELY REPORTING CHILD
  5    ABUSE OR NEGLECT; AND AMENDING SECTION 41-3-203, MCA.”
  6
  7    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
  8
  9            Section 1. Section 41-3-203, MCA, is amended to read:
 10            "41-3-203.    Immunity from liability -- penalty for false reporting. (1) Anyone investigating or
 11    reporting any incident of child abuse or neglect under 41-3-201 or 41-3-202, participating in resulting judicial
 12    proceedings, or furnishing hospital or medical records as required by 41-3-202 is immune from any liability, civil
 13    or criminal, that might otherwise be incurred or imposed unless the person was grossly negligent or acted in
 14    bad faith or with malicious purpose or provided information knowing the information to be false.
 15            (2)      Any person who knowingly makes a false report or allegation of child abuse, abandonment, or
 16    neglect or makes a report in bad faith is liable to the party or parties against whom the report was made for the
 17    amount of actual damages sustained or for statutory damages of $2,500, whichever is greater, plus attorney
 18    fees and costs. If the person acted with malicious purpose, the court may award treble actual damages or treble
 19    statutory damages, whichever is greater.
 20            (3)      A person who purposely or knowingly makes a false report of suspected child abuse under 41-
 21    3-201 in bad faith or with malicious purpose is guilty of a misdemeanor.
 22            (2)(4)   A person who provides information pursuant to 41-3-201 or a person who uses information
 23    received pursuant to 41-3-205 to refuse to hire or to discharge a prospective or current employee, volunteer, or
 24    other person who through employment or volunteer activities may have unsupervised contact with children and
 25    who may pose a risk to children is immune from civil liability unless the person acted in bad faith or with
 26    malicious purpose."
 27                                                          - END -
                                                              -1-                      Authorized Print Version – SB 149
Statutes affected: 
SB0149_1.pdf: 41-3-203
SB0149_2.pdf: 41-3-203
SB0149_3.pdf: 41-3-203
Amended: 41-3-203, 41-3-207, 45-7-203
Introduced: 41-3-203