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Senate concurs on criminalizing domestic assault in presence of child to expand victim services
Summary
Senate concurred with House Bill 191, which creates a standalone offense for committing certain partner/family assaults in the presence of a child so the child is recognized as a victim and eligible for services; proponents said it helps break cycles of abuse, while some senators warned of added burdens on lower courts.
The Montana Senate concurred with House Bill 191, which creates an offense for committing certain crimes of partner or family member assault in the presence of a child, and makes the child a victim eligible for victim services.
Senator Rusher, speaking for the bill, said the intent is to interrupt cycles of abuse by ensuring children who witness violent incidents are identified and offered services: "This not only makes it an additional offense, but it also makes that child a victim, so they can get victim services." He and other proponents told the floor they heard from city attorneys and prosecutors who supported the change.
Several senators raised concerns about downstream effects on misdemeanor dockets and local justice courts. Senator Boldman warned the bill could add a large number of additional citations in lower courts because partner/family member assault (PFMA) cases frequently involve children in the home; others worried about fiscal impacts to county jails and court workloads. Senator Hemmerich noted the bill limits charging to the predominant aggressor, which the sponsor said was intended to reduce duplicative citations.
Sponsor responses noted that city attorneys and advocates requested the change, and that comparable laws exist in other states and are intended to help children access services. The Senate recorded concurrence on second reading; the roll call for this bill was 45 ayes and 5 nays as recorded by the clerk.
House Bill 191 adds the new statutory offense and sets misdemeanor penalties for conviction under the new subsection (fines and county jail terms described in the bill text). The transcript reflects proponents including the Department of Justice and victim-service organizations among witness proponents during committee hearings.
Votes at a glance: House Bill 191 — concurrence recommended; Senate concurrence: 45-5 (pass).
