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bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT A STUDENT MAY USE physical force in SELF-DEFENSE OR in DEFENSE OF ANOTHER IN RESPONSE TO BULLYING; AMENDING SECTION 20-5-209, MCA; and PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 20-5-209, MCA, is amended to read:
"20-5-209. Bullying of student prohibited -- self-defense authorized. (1) Bullying of a student enrolled in a public K-12 school by another student or an employee is prohibited.
(2) A student who is subjected to or who witnesses another person being subjected to physical bullying is entitled to use physical force in self-defense or in the defense of another person pursuant to 45-3-102.
(3) A school district shall investigate a student's use of physical force and may not reprimand or discipline a student who claims the student used physical force in self-defense or in defense of another if the investigation:
(a) finds that the student was not the aggressor; or
(b) does not find proof contrary to the student's claim."
NEW SECTION. Section 2. Effective date. [This act] is effective July 1, 2023.