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Prosecutors, police and victim advocates urge 'no' on bill letting assault victims decide misdemeanor charges
Summary
Senate Bill 273 would give alleged victims of non‑felony misdemeanor assault the sole authority to decide whether charges are filed; prosecutors, sheriffs, police and victim‑service groups told the committee the change could harm public safety, enable coercion or bribery, and place unfair burdens on victims.
Senator Daniel Emmerich introduced Senate Bill 273 on Feb. 14, saying the measure would permit victims of nonfelony misdemeanor assault to determine whether charges are filed, with exceptions for victims who are developmentally disabled, physically disabled or suffering from severe mental illness.
"This is for the non felony misdemeanor assault statute," Emmerich said, adding the bill seeks to address cases he described as 'victimless' or where the alleged injury may not warrant prosecution.
Opponents across law enforcement and victim services urged rejection. Brian Thompson, representing the Montana Sheriffs and Peace Officers Association and the Montana County Attorneys Association, said charging is a state duty and that giving…
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