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 has the sole responsibility to decide if a charge alleging a violation of this section is pursued.

This legislative change aims to empower victims of assault by giving them control over the prosecution process, while also recognizing the unique circumstances of vulnerable individuals who may require additional support in such situations. 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: 45-5-201