Senate Bill No. 196

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act authorizing the defense of necessity when an individual acts to prevent the death of or serious bodily harm to another; amending section

45-2-212, MCA; and providing an applicability date."

WHEREAS, in State v. Close, 267 Mont. 44 (1994), concurring opinions pointed out that section 45-2-212, MCA, eliminated the common-law defense of necessity.

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 45-2-212, MCA, is amended to read:

"45-2-212.   Compulsion -- necessity. A person is not guilty of an offense, other than an offense punishable with death, by reason of conduct which he that the person performs under the compulsion of threat or menace of the imminent infliction of death or serious bodily harm if he the person reasonably believes that death or serious bodily harm will be inflicted upon him the person or another if he the person does not perform such the conduct."

NEW SECTION. Section 2.  Applicability. [Section 1] applies to causes of action arising on or after [the effective date of this act].