- 2025
69th Legislature 2025 HB0174.2
- 1 - Authorized Print Version – HB 174
1 HOUSE BILL NO. 174
2 INTRODUCED BY N. DURAM, S. KELLY, T. SHARP, E. TILLEMAN, C. HINKLE, B. LER, R. MINER, J.
3 SCHILLINGER, K. ZOLNIKOV, L. DEMING, B. USHER, T. FALK, B. MITCHELL, K. SEEKINS-CROWE, S.
4 MANESS
5
6 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO ASSAULT; PROVIDING THAT AN
7 ASSAULT IS COMMITTED WHEN A PERSON PROVIDES CERTAIN DRUGS TO ANOTHER PERSON
8 WITHOUT THEIR CONSENT; AND AMENDING SECTION 45-5-201, MCA.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 Section 45-5-201, MCA, is amended to read:
13 "45-5-201. (1) (a) A person commits the offense of assault if the person:
14 (a)(i) purposely or knowingly causes bodily injury to another;
15 (b)(ii) negligently causes bodily injury to another with a weapon;
16 (c)(iii) purposely or knowingly makes physical contact of an insulting or provoking nature with any
17 individual;
18 (d)(iv) purposely or knowingly causes reasonable apprehension of bodily injury in another; or
19 (e)(v) except as provided in subsections (1)(b)(i) through (1)(b)(iv) (III), purposely or knowingly
20 provides an individual with rohypnol, flunitrazolam, or gamma-hydroxybutyrate, specific dangerous drugs
21 included in Schedules I, II, III, IV, and V as provided in 50-32-222, 50-32-224, 50-32-226, 50-32-229, and 50-
22 32-232, alcohol, and diphenhydramine, without the individual's consent.
23 (b) For prescription medication, subsection (1)(a)(v) does not apply to the following:
24 (i) medical providers with the authority to prescribe or administer medication;
25 (ii) patients of medical providers described in subsection (1)(b)(i);
26 parents or guardians who have valid prescriptions for their minor children and minor children who are
27 unable to consent under their care; and
28 (III) guardians of adults who are incapacitated and who cannot consent or make their own health - 2025
69th Legislature 2025 HB0174.2
- 2 - Authorized Print Version – HB 174
1 care decisions.
2 (c) Subsection (1)(a)(v) does not apply to the administration of an opioid overdose reversal
3 medication, including but not limited to naloxone and nalmefene.
4 (2) A person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county
5 jail for any term not to exceed 6 months, or both."
6 - END -