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 to decide if a charge alleging a violation of this section is pursued.

This legislative change aims to empower victims by giving them control over the prosecution process in assault cases, thereby potentially increasing their agency and involvement in the legal proceedings that follow an assault incident. The bill retains the existing definitions and penalties associated with the offense of assault while introducing this significant modification regarding the victim's role in the legal process.

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