Senate Bill No. introduced by D. Emrich amends Section 45-5-201 of the Montana Code Annotated to clarify the role of the victim in determining whether charges are filed in assault cases. The bill stipulates that, with the exception of victims who are developmentally disabled, physically disabled, or suffer from a mental illness that causes them to be physically or mentally disabled, the victim of an assault has the sole responsibility for deciding whether to file charges related to the assault.

This change aims to empower victims by giving them control over the legal process following an assault, while also recognizing the unique circumstances of vulnerable individuals who may require additional support in making such decisions. The bill maintains the existing definitions and penalties associated with the offense of assault, ensuring that the legal framework surrounding assault remains intact while introducing this significant modification regarding victim agency.

Statutes affected:
LC Text: 45-5-201
SB0273_1(1): 45-5-201
SB0273_1(2): 45-5-201
SB0273_1(3): 45-5-201
SB0273_1(4): 45-5-201
SB0273_1(5): 45-5-201
SB0273_1: 45-5-201