Panel hears bill to penalize assaults against family members in presence of children

Representative Curtis Schomer presented HB 191, which would add a subsection to Montana’s Endangering the Welfare of Children statute to penalize a person convicted of assaulting a family member in the presence of a child. Schomer and supporting witnesses emphasized the harms children suffer when they witness domestic violence and urged the committee to pass a statute that would hold perpetrators accountable and expand access to victim services.

Ben Halverson, a domestic‑violence prosecutor from Billings, gave extended proponent testimony. He described how repeated exposure normalizes violence and cited increased later risk of perpetration or victimization among children who witness domestic violence. Halverson said the proposal is aimed at prevention and noted examples from other jurisdictions. Prosecutors and victim‑service providers argued the bill could improve training and provide tools to better protect children.

Proponents also included the Department of Justice representative Alex Sturhan, Nanette Gilbertson for county attorneys and sheriffs’ associations, the Montana Coalition Against Domestic and Sexual Violence, YWCA Billings and the Montana Family Court Awareness Project. Testimony addressed the practicalities of enforcement: whether law enforcement can identify a predominant aggressor on scene (reference to 46‑3‑311), how mandatory minimum penalties (a 72‑hour jail minimum in the bill) fit within current sentencing, and the statute of limitations for the new misdemeanor (answered in committee as one year).

Prosecutor Halverson and advocates said the bill includes language on predominant‑aggressor determinations to reduce risk of criminalizing survivors; they also acknowledged the system’s limits and the need for law‑enforcement training. Committee questions focused on charging standards, dual warrant procedures, and how the child‑witness enhancement would be proved in cases where evidence unfolds after initial contact. The hearing closed without committee final action recorded in the transcript.