46-24-206. Property return -- right to be heard on disposition of evidence, MCA

Montana Code Annotated 2019

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 24. TREATMENT OF VICTIMS AND WITNESSES

Part 2. Services to Victim, Witness

Property Return -- Right To Be Heard On Disposition Of Evidence

46-24-206. Property return -- right to be heard on disposition of evidence. (1) A law enforcement agency or prosecuting attorney shall promptly return any of the victim's property held for evidentiary purposes, unless there is a compelling law enforcement reason for retaining the property.

(2) Before the destruction, disposal, or use of evidence that is not the victim's property, the court shall, as provided in 46-5-308, give the victim an opportunity to be heard as to the appropriate disposition of the evidence.

History: En. Sec. 7, Ch. 554, L. 1985; amd. Sec. 6, Ch. 186, L. 1997.