Bill to reimburse legal costs for successful self-defense claims draws supporters and suggested amendments

Senator Theresa Manzella opened Senate Bill 127, which would entitle a defendant who successfully argues justifiable use of force to reimbursement of out-of-pocket costs and attorney fees for that charge. Manzella described cases where acquitted defendants spent life savings defending themselves and said reimbursement would prevent ruin for people found not guilty on self-defense grounds.

Supporters included the Montana Shooting Sports Association and private citizens who recounted personal or observed cases of lengthy, costly prosecutions following justified self-defense. Gary Marbett said frivolous or protracted criminal prosecutions can "ruin lives" and argued reimbursement would redress that harm. Attorney Gloria Cabada Lehman testified judges already calculate fees and costs in other contexts and could allocate amounts tied to specific charges.

Opponents — notably the Montana Sheriffs and Peace Officers Association and the Montana County Attorneys Association — did not oppose the principle but urged amendments to make the bill workable: require the attorney general to review prosecutions in cases raising the affirmative defense, and require a jury finding that the acquittal was because of justifiable use of force before awarding fees. Brian Thompson said awarding fees for a criminal acquittal would be a unique, stand-alone policy in the criminal code and raised concerns about county-level budget and supervisory issues.

The Office of the State Public Defender appeared as an informational witness and described how defendants face significant cost risks; committee members asked about the number of cases this bill would affect and whether the statute should be narrowed. The sponsor said she is open to working on amendments raised by prosecutors. The hearing closed with follow-up questions and no action in the transcript.