Montana Code Annotated 2023

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 24. TREATMENT OF VICTIMS AND WITNESSES

Part 2. Services to Victim, Witness

Notification To Employer Or Creditor -- Limitations On Employer

46-24-205. Notification to employer or creditor -- limitations on employer. (1) The law enforcement agency or prosecuting attorney in a criminal case shall assist a victim or witness who requests assistance in informing an employer that the need for victim and witness cooperation in the prosecution of the case may necessitate absence of the victim or witness from the place of employment.

(2) A law enforcement agency or prosecuting attorney shall assist a victim or witness who, as a direct result of a crime or because of cooperation with the law enforcement agency or prosecuting attorney, is subjected to serious financial strain. The agency or prosecuting attorney shall assist the victim or witness by explaining to creditors the reason for the serious financial strain.

(3) An employer may not discharge or discipline a victim or a member of the victim's family for participation at the prosecuting attorney's request in preparation for or attendance at a criminal justice proceeding.

(4) As used in this section, "member of the victim's family" means the victim's spouse, child by birth or adoption, stepchild, parent, stepparent, or sibling, but does not include a person who is accountable for the crime or accountable for a crime arising from the same transaction.

History: En. Sec. 8, Ch. 554, L. 1985; amd. Sec. 34, Ch. 125, L. 1995.