Senate approves change to assault statute to include knowingly providing drugs without consent; debate centers on vaccines and guardianship

Senator Emmerich moved and the Senate concurred in House Bill 174 on second reading, approving language that makes it an assault to purposely or knowingly provide certain drugs to another person without that person’s express, informed or implied consent or, alternatively, without the express, informed or implied consent of a parent, guardian or medical power of attorney. The motion passed 28-22.

The bill’s carrier, Senator Emmerich, said the change was intended to update the assault statute to cover drugs commonly used to incapacitate victims and to clarify consent rules. "This bill simply extends the statute...and extends it from 3 years to 5 years" and, as amended, clarifies that assault applies where someone provides listed drugs without consent, Emmerich said.

The floor debate focused on an amendment that added vaccines to the list of covered substances and the effect of the consent language that includes parents, guardians and holders of medical power of attorney. Senator Bridal said she was concerned the amendment was not on most members’ desks and described the change as a potential “poison pill” that could alter the original bill’s intent. She argued the language could have the effect of requiring an adult to obtain a parent’s consent for drugs such as Ambien if read narrowly.

Senator Emmerich and other supporters described the amendment as intended to protect vulnerable people — including adults who lack decision-making capacity and children — and characterized it as a friendly amendment agreed with the House sponsor. "We have 2 scenarios here...an adult has the ability to make their own decisions," Emmerich said, adding the parent/guardian/power-of-attorney clause addresses those who cannot.

Opponents argued the vaccine language and the parent/guardian clause created unintended consequences. Senator Fuller said the amendment "completely eviscerated the intent of the bill" and flagged public-health concerns, describing current outbreaks of whooping cough and measles in Montana during debate and warning that weakening vaccine rules could have public-health effects. Senator Olson and others questioned whether the amendment's language was legally redundant or would create perverse outcomes, and suggested alternatives including returning the bill to its original assault formulation.

Senator Emmerich urged a yes vote, saying the language is broad to protect people who are incapacitated and that the sponsor in the House supported the changes. The clerk recorded 28 yeas and 22 nays; the bill was concurred in on second reading.