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Panel hears cleanup repeal removing archaic duel-damages provision from code
Summary
A bill to repeal an 1895-era provision allowing damages for injuries or death resulting from duels drew support as a red-tape cleanup; Lieutenant Governor and defense attorneys told the committee the offense is already covered under homicide statutes.
House Bill 247 seeks to repeal a Montana statute originating in 1895 that allowed claims for damages for injuries or death resulting from a duel. Representative Joel Mitchell, carrying the bill on behalf of the lieutenant governor’s office, described the provision as outdated and part of a broader “red tape relief” effort to remove obsolete code.
Lieutenant Governor Kristin Juras testified in support and said removing the provision helps eliminate any implication that duels remain legally recognized; she noted the provision was previously amended to be gender neutral. Dan Stusick, testifying for Montana Defense Trial Lawyers, said homicide and aggravated-assault statutes already criminalize dueling conduct and urged passage of the repeal.
No opponents appeared in the hearing record and committee members did not press for changes. The committee recorded concurrence on the bill during executive action and advanced it.
