46-15-406. Notice of rights for victims of sexual assault, MCA

Montana Code Annotated 2019

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 15. PRODUCTION OF EVIDENCE

Part 4. Evidence in Cases Involving Sexual Offenses

Notice Of Rights For Victims Of Sexual Assault

46-15-406. Notice of rights for victims of sexual assault. 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.

History: En. Sec. 3, Ch. 138, L. 2019.