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Section 46-15-406 – [Effective Until 10/1/2021] Notice of rights for victims of sexual assault

May 13, 2021 | Criminal Procedure, Montana

The department of justice shall prepare a model form for use by health care facilities and law enforcement agencies that details the statutory rights of victims of sexual assault. These rights include the following:

(1) a victim may receive a sexual assault medical forensic examination and have evidence collected using a sexual assault evidence kit even if the victim does not want to participate in a criminal investigation;
(2) a victim may not be billed for the cost of administering the sexual assault medical forensic examination or collecting evidence for the sexual assault evidence kit;
(3) on request by a sexual assault victim to the investigating law enforcement agency, the victim may receive the following information:

(a) contact information for the officer investigating the case;
(b) the current status of the case;
(c) whether the case has been submitted to the office of the prosecuting attorney for review;
(d) whether the case has been closed and the documented reason for closure;
(e) if available, contact information for a local community-based victim services program;
(f) notifications of the victim’s legal rights, including the right to file a petition requesting an order of protection; and
(g) the notices required by 46-24-203, 46-24-204, and 46-24-206.

§ 46-15-406, MCA

Added by Laws 2019, Ch. 138,Sec. 3, eff. 10/1/2019.
This section is set out more than once. See also § 46-15-406, effective 10/1/2021.