Bill Summary – FastDemocracy

67th Legislature                                                                                                             HB 310.1
  1                                                           HOUSE BILL NO. 310
  2                                          INTRODUCED BY A. BUCKLEY, M. STROMSWOLD
  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-                       Authorized Print Version – HB 310
67th Legislature                                    HB 310.1
  1                - END -
                    -2-      Authorized Print Version – HB 310
Statutes affected: 
HB0310_1.pdf: 46-15-406
HB0310_X.pdf: 46-15-406
Enrolled: 46-15-406
Introduced: 46-15-406