Committee advances testimony for HB 191, which would penalize assaults witnessed by children

Representative Curtis Schomer introduced House Bill 191, saying children exposed to family or partner assaults suffer traumatic, long-term harms and that the statute should acknowledge those harms by penalizing assaults committed in a child’s presence. "Endangering children cannot go unnoticed," Schomer said.

Ben Halverson, a domestic-violence prosecutor in Billings, described the cascading harms that witnessing intrafamilial assault can have on children and urged the committee to support HB 191. He said that in jurisdictions with similar laws, juvenile filings began to fall and access to victim services increased. Alex Sturhan of the Department of Justice and other proponents said the bill provides an additional tool for prosecutors and supports training for law enforcement to respond to children on scene.

Witnesses and members focused heavily on the bill’s "predominant aggressor" language to avoid criminalizing the non-offending caregiver. Kelsen Young (Montana Coalition Against Domestic Violence) and Nanette Gilbertson (Montana County Attorneys Association and Sheriffs & Peace Officers Association) both highlighted the importance of predominant-aggressor training for officers and referenced MCA 46-6-311 as the on-scene standard law enforcement uses in partner-family assaults. Prosecutor Halverson and other proponents stressed prosecutorial discretion and follow-up review when scene determinations are imperfect.

Members asked about statutory penalties, incarceration timeframes, and the potential for survivors to be wrongly arrested; Halverson explained the bill starts as a misdemeanor with a 72-hour minimum in certain circumstances and that felony escalation was possible in other jurisdictions. The committee closed the hearing after voters and questions, and proponents said they would provide additional materials and training guidance to accompany the measure.