Unofficial Draft Copy
67th Legislature LC 2083
1 _____________ BILL NO. _____________
2 INTRODUCED BY _________________________________________________
(Primary Sponsor)
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING SEXUAL ASSAULT REPORTING LAWS;
5 ALLOWING A SEXUAL ASSAULT VICTIM THE RIGHT TO KNOW THE STATUS OF THE VICTIM'S
6 EVIDENCE KIT; AND AMENDING SECTION 46-15-406, MCA.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10 Section 1. Section 46-15-406, MCA, is amended to read:
11 "46-15-406. Notice of rights for victims of sexual assault. The department of justice shall prepare
12 a model form for use by health care facilities and law enforcement agencies that details the statutory rights of
13 victims of sexual assault. These rights include the following:
14 (1) a victim may receive a sexual assault medical forensic examination and have evidence collected
15 using a sexual assault evidence kit even if the victim does not want to participate in a criminal investigation;
16 (2) a victim may not be billed for the cost of administering the sexual assault medical forensic
17 examination or collecting evidence for the sexual assault evidence kit;
18 (3) on request by a sexual assault victim to the investigating law enforcement agency, the victim may
19 receive the following information:
20 (a) contact information for the officer investigating the case;
21 (b) the current status of the case;
22 (c) the current status of the sexual assault evidence kit;
23 (c)(d) whether the case has been submitted to the office of the prosecuting attorney for review;
24 (d)(e) whether the case has been closed and the documented reason for closure;
25 (e)(f) if available, contact information for a local community-based victim services program;
26 (f)(g) notifications of the victim's legal rights, including the right to file a petition requesting an order of
27 protection; and
28 (g)(h) the notices required by 46-24-203, 46-24-204, and 46-24-206."
-1- LC 2083
Unofficial Draft Copy
67th Legislature LC 2083
1 - END -
-2- LC 2083

Statutes affected:
Introduced: 46-15-406