Montana legislation · 2025 Regular Session
Montana SB127: Providing for attorney fees and costs in certain justifiable use of force cases
Status: Failed, May 23, 2025
What the bill says
A bill for an act providing that no person may be placed in legal jeopardy when defending against a serious crime; and providing that when a defendant successfully argues the defense of justifiable use of force, the defendant is entitled to out-of-pocket costs and attorney fees.".
From the engrossed text:
A BILL FOR AN ACT PROVIDING THAT NO PERSON MAY BE PLACED IN LEGAL JEOPARDY WHEN DEFENDING AGAINST A SERIOUS CRIME; AND PROVIDING THAT WHEN A DEFENDANT SUCCESSFULLY ARGUES THE DEFENSE OF JUSTIFIABLE USE OF FORCE, THE DEFENDANT IS ENTITLED TO OUT-OF-POCKET COSTS AND ATTORNEY FEES." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Affirmative defense of justifiable use of force -- reimbursement. (1) A PERSON IN THE STATE MAY NOT BE PLACED IN LEGAL JEOPARDY OF ANY KIND FOR PROTECTING BY ANY REASONABLE MEANS NECESSARY THE PERSON'S SELF, FAMILY, OR REAL OR PERSONAL PROPERTY, OR FOR COMING TO THE AID OF ANOTHER WHO IS IN IMMINENT DANGER OF OR THE VICTIM OF ASSAULT, ROBBERY, KIDNAPPING, ARSON, BURGLARY, SEXUAL INTERCOURSE WITHOUT CONSENT, DELIBERATE HOMICIDE, OR ANY FORCIBLE FELONY AS DEFINED IN 45-2-101, OR THE ATTEMPT OF ANY OF THESE CRIMES. (2) (a) When a defendant successfully raises and argues the affirmative defense of justifiable use of force in the defense of a charge of a forcible felony in which the defendant is not convicted for any reason, the defendant is entitled to reimbursement of the defendant's out-of-pocket costs, attorney fees, and costs for the specific forcible felony that did not result in a conviction. (b) Reimbursement under subsection (1)(a) (2)(A) must be paid …
Sponsors
- Manzella, Theresa (R, 44) · primary sponsor
Latest actions
- : (S) Died in Process
- : (S) Missed Deadline for General Bill Transmittal
- : (S) 3rd Reading
- : (S) Scheduled for 3rd Reading
- : (S) 2nd Reading
- : (S) Scheduled for 2nd Reading
- : (S) Committee Report
- : (S) Committee Executive Action
- : (S) Taken from Table in Committee
- : (S) Tabled in Committee
Votes
- ReconsAction and Place on Second Reading on 3/4/25 -Manzella (March 3, 2025): 24 yea, 26 nay, failed
- Do Pass (March 1, 2025): 23 yea, 27 nay, failed
- Do Pass (February 28, 2025): 26 yea, 23 nay, passed
Subjects: Crimes, Courts, Administrative Rules, Appropriations, County Finance, Local Government, Civil Procedure
Common questions
- What is SB127?
- SB127 is a bill in the Montana Legislature (2025 Regular Session): Providing for attorney fees and costs in certain justifiable use of force cases.
- What does SB127 do?
- In its own words: A bill for an act providing that no person may be placed in legal jeopardy when defending against a serious crime; and providing that when a defendant successfully argues the defense of justifiable use of force, the defendant is entitled to out-of-pocket costs and attorney fees.".
- What is the status of SB127?
- Failed as of May 23, 2025. Latest action: (S) Died in Process (May 23, 2025).
- Who sponsored SB127?
- Manzella, Theresa (R, 44).
- Where is the official record for SB127?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0652
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.