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HB174 • 2025

Revise laws related to drug assault crimes

Revise laws related to drug assault crimes

Children Healthcare Labor Parental Rights
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Neil Duram
Last action
2025-05-22
Official status
(H) Died in Process
Effective date
Not listed

Plain English Breakdown

The official source material does not provide detailed information about specific drugs or substances beyond those explicitly listed in the bill text.

Changes to Drug Assault Laws

This bill updates laws about assault by adding situations where providing certain drugs without permission can be considered assault.

What This Bill Does

  • Adds new rules saying that providing specific dangerous drugs or vaccines without someone's consent can be an assault.
  • Includes a list of drugs and substances like rohypnol, flunitrazolam, gamma-hydroxybutyrate, alcohol, any vaccine, and diphenhydramine as part of the law.
  • Exempts medical providers who give prescription medications from this new rule if they have permission to do so.
  • Allows parents or guardians to give certain drugs to their children or incapacitated adults when it's necessary for health care.

Who It Names or Affects

  • People who might be charged with assault if they provide specific dangerous drugs without consent.
  • Medical providers and patients under their care.
  • Parents, guardians, and medical power of attorneys giving medications to minors or incapacitated adults.

Terms To Know

Express, informed, or implied consent
Permission given by someone that is clear, understood, or assumed based on the situation.
Medical providers
Doctors, nurses, and other health care workers who can prescribe or give medications.

Limits and Unknowns

  • The bill did not pass all stages of the legislative process.
  • It does not specify what happens if someone is charged under this new law.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

FLOOR

Plain English: The amendment adds a new clause to existing law that makes it illegal to provide certain dangerous drugs and alcohol to someone without their consent, which would be considered assault.

  • Adds a new subsection (1)(a)(v) to the assault statute, making it an offense to give specific dangerous drugs or alcohol to another person without their permission.
  • The amendment includes technical references to drug schedules that may be hard for non-experts to understand fully.
  • It does not specify all possible exceptions and limitations on when providing these substances might still be legal, such as medical use or emergency situations.
COMMITTEE

Plain English: Amendment 2 adds a new clause to Montana law that makes it illegal to provide certain drugs and substances without someone's consent, which can be considered assault.

  • Adds a new part (e)(v) under subsection (1)(a) of Section 45-5-201 in the Montana Code Annotated. This part states that providing specific dangerous drugs or certain other substances to an individual without their consent is considered assault.
  • The amendment includes a long list of specific drugs and substances, which might be hard for some people to understand fully without additional context.
  • It's not clear from the text alone how this new clause will affect existing laws or enforcement practices.

Bill History

  1. 2025-05-22 HOUSE

    (H) Died in Process

  2. 2025-04-11 HOUSE

    (H) Scheduled for 3rd Reading

  3. 2025-04-11 HOUSE

    (H) 2nd Reading Senate Amendments Concurred

  4. 2025-04-11 HOUSE

    (H) 3rd Reading Not Passed as Amended by Senate

  5. 2025-03-31 SENATE

    (S) Scheduled for 3rd Reading

  6. 2025-03-31 SENATE

    (S) 3rd Reading Concurred

  7. 2025-03-31 SENATE

    (S) Returned to House with Amendments

  8. 2025-03-28 SENATE

    (S) Scheduled for 2nd Reading

  9. 2025-03-28 SENATE

    (S) 2nd Reading Concurred

  10. 2025-03-27 SENATE

    (S) 2nd Reading Pass Consideration

  11. 2025-03-25 SENATE

    (S) Committee Report--Bill Concurred as Amended

  12. 2025-03-24 SENATE

    (S) Taken from Table in Committee

  13. 2025-03-24 SENATE

    (S) Committee Executive Action--Bill Passed as Amended

  14. 2025-03-24 SENATE

    (S) Committee Executive Action--Bill Concurred as Amended

  15. 2025-03-21 SENATE

    (S) Committee Executive Action--Bill Not Concurred as Amended

  16. 2025-03-21 SENATE

    (S) Tabled in Committee

  17. 2025-03-17 SENATE

    (S) Hearing

  18. 2025-02-20 HOUSE

    (H) Hearing Canceled

  19. 2025-02-18 SENATE

    (S) Referred to Committee

  20. 2025-01-30 SENATE

    (S) First Reading

  21. 2025-01-29 HOUSE

    (H) 3rd Reading Passed

  22. 2025-01-29 HOUSE

    (H) Transmitted to Senate

  23. 2025-01-27 HOUSE

    (H) 2nd Reading Motion to Amend Carried

  24. 2025-01-27 HOUSE

    (H) 2nd Reading Passed as Amended

  25. 2025-01-23 HOUSE

    (H) Committee Executive Action--Bill Passed

  26. 2025-01-23 HOUSE

    (H) Committee Report--Bill Passed

  27. 2025-01-20 HOUSE

    (H) Fiscal Note Received

  28. 2025-01-20 HOUSE

    (H) Fiscal Note Signed

  29. 2025-01-20 HOUSE

    (H) Fiscal Note Printed

  30. 2025-01-14 HOUSE

    (H) Hearing

  31. 2025-01-13 HOUSE

    (H) Referred to Committee

  32. 2025-01-13 HOUSE

    (H) First Reading

  33. 2025-01-10 HOUSE

    (H) Introduced

  34. 2025-01-10 HOUSE

    (H) Fiscal Note Requested

  35. 2025-01-09 HOUSE

    (LC) Draft in Assembly

  36. 2025-01-09 HOUSE

    (LC) Draft Ready for Delivery

  37. 2025-01-09 HOUSE

    (LC) Draft Delivered to Requester

  38. 2025-01-07 HOUSE

    (LC) Draft in Final Drafter Review

  39. 2025-01-06 HOUSE

    (LC) Draft in Input/Proofing

  40. 2025-01-05 HOUSE

    (LC) Draft in Edit

  41. 2025-01-02 HOUSE

    (LC) Draft in Legal Review

  42. 2024-12-18 HOUSE

    (LC) Draft On Hold

  43. 2024-11-16 HOUSE

    (LC) Drafter Assigned

Official Summary Text

Revise laws related to drug assault crimes

Current Bill Text

Read the full stored bill text 
- 2025
69th Legislature 2025 HB0174.3
- 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
12Section 1. Section 45-5-201, MCA, is amended to read:
13 "45-5-201. Assault. (1) (a) A person commits the offense of assault if the person:
14 (a)(i)(A) purposely or knowingly causes bodily injury to another;
15 (b)(ii)(B)negligently causes bodily injury to another with a weapon;
16 (c)(iii)(C) purposely or knowingly makes physical contact of an insulting or provoking nature with
17 any individual;
18 (d)(iv)(D) purposely or knowingly causes reasonable apprehension of bodily injury in another; or
19 (e)(v)(E) 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, ANY VACCINE, and diphenhydramine, without the individual's EXPRESS, INFORMED, OR IMPLIED
23 consent OR THE EXPRESS, INFORMED, OR IMPLIED CONSENT OF THE INDIVIDUAL'S PARENT, GUARDIAN, OR MEDICAL
24POWER OF ATTORNEY.
25 (b) For prescription medication, subsection (1)(a)(v) does not apply to the following:
26 (i) medical providers with the authority to prescribe or administer medication ;
27 (ii) patients of medical providers described in subsection (1)(b)(i);
28 (iii) parents or guardians who have valid prescriptions for their minor children and minor children
- 2025
69th Legislature 2025 HB0174.3
- 2 - Authorized Print Version – HB 174
1 who are unable to consent under their care ; and
2 (iv)(III) guardians of adults who are incapacitated and who cannot consent or make their own health
3 care decisions.
4 (c) Subsection (1)(a)(v) does not apply to the administration of an opioid overdose reversal
5 medication, including but not limited to naloxone and nalmefene.
6 (2) A person convicted of assault shall be fined not to exceed $500 or be imprisoned in the county
7 jail for any term not to exceed 6 months, or both."
8 - END -