Montana 2023 Regular Session

Montana Senate Bill SB491

Introduced
2/23/23  
Refer
2/24/23  
Engrossed
3/3/23  
Refer
3/15/23  
Enrolled
4/19/23  

Caption

Revise liability laws for persons engaging in a felony

Impact

This bill affects the legal framework surrounding civil liability and criminal acts, specifically codifying that individuals who engage in felonious conduct cannot recover damages for harm that occurs in the context of their criminal acts. By reinforcing the rights of crime victims and those defending themselves, SB491 is aimed at emphasizing the concept of personal accountability in criminal behavior. This change is expected to influence how courts handle claims made by individuals involved in criminal activities against their victims.

Summary

Senate Bill 491 is a legislative proposal aimed at reforming the liability laws in situations involving felonies. Specifically, the bill prohibits individuals from filing lawsuits if they were harmed while attempting to commit a felony, actively engaging in a felony, or fleeing from a felony. The primary intention is to protect those who use reasonable self-defense against individuals committing crimes, thereby limiting the ability of felons to seek damages from their victims for injuries sustained during criminal actions.

Sentiment

The sentiment surrounding SB491 appears to be largely supportive among those who advocate for victim rights and self-defense laws. Proponents argue that this bill ensures fairness for victims of crimes and deters individuals from engaging in felonious behavior without the fear of frivolous lawsuits. However, there may also be concerns about potential abuse of self-defense claims and the implications for individuals who may genuinely have been harmed during confrontations that involve criminal activities.

Contention

Notable points of contention regarding SB491 may include discussions on the definitions of 'reasonable self-defense' and the potential impact on vulnerable populations who may find themselves in situations where they are perceived as committing felonies. Critics may argue that while the bill aims to protect crime victims, it could unintentionally limit the legal avenues available to individuals facing complex situations involving self-defense claims. The bill's interactions with existing laws and potential for misuse of its provisions are likely areas of debate.

Companion Bills

No companion bills found.

Previously Filed As

MT SB1437

Accomplice liability for felony murder.

MT AB537

Serious felonies.

MT HF5396

Criminal liability for crimes resulting in felony murder increased, criminal liability for conviction of aiding and abetting felony murder modified, and Task Force on Aiding and Abetting Felony Murder revived.

MT SF5443

Criminal liability for certain crimes resulting in felony murder increase; criminal liability for aiding and abetting felony murder modification; Task Force on Aiding and Abetting Felony Murder revival

MT SB1042

Violent felonies: serious felonies: human trafficking.

MT SB14

Serious felonies: human trafficking.

MT SB01035

An Act Revising The Penalty For Capital Felonies.

MT AB209

Provides immunity from criminal liability for engaging in prostitution or solicitation for prostitution. (BDR 15-781)

MT SB1310

Serious felonies.

MT SB62

Creating the crime of engaging in a street stunt, providing criminal penalties therefor and adding engaging in a street stunt to the list of crimes included in fleeing or attempting to elude a police officer.

Similar Bills

No similar bills found.