HOUSE BILL NO. 286
INTRODUCED BY B. THOMAS
AN ACT ESTABLISHING THE RIGHT OF CRIME VICTIMS TO ATTEND CRIMINAL PROCEEDINGS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Crime victims -- family members -- right to attend proceedings -- exceptions. (1) Except as provided in subsection (2), a victim of a criminal offense has the right to be present during any trial or hearing conducted by a court that pertains to the offense, including a court proceeding conducted under Title 41, chapter 5. A victim of a criminal offense may not be excluded from any trial or hearing based solely on the fact that the victim has been subpoenaed or required to testify as a witness in the trial or hearing.
(2) A judge may exclude a victim of a criminal offense from:
(a) a trial or hearing upon the finding of specific facts supporting exclusion or for disruptive behavior; or
(b) a portion of a proceeding under Title 41, chapter 5, that deals with sensitive personal matters of a youth or a youth's family and that does not directly relate to the act or alleged act committed against the victim.
(3) If a victim is excluded from a trial or hearing upon the finding of specific facts supporting exclusion, the victim must be allowed to address the court on the issue of exclusion prior to the findings.
(4) A family member of a victim may not be excluded from a trial or hearing based solely on the fact that the family member is subpoenaed or required to testify as a witness in the trial or hearing unless there is a showing that the family member can give relevant testimony as to the guilt or innocence of the defendant or that the defendant's right to a fair trial would be jeopardized if the family member is not excluded.
(5) As used in this section, "victim" means:
(a) a person who suffers loss of property or bodily injury as a result of:
(i) the commission of an offense;
(ii) the good faith effort to prevent the commission of an offense; or
(iii) the good faith effort to apprehend a person reasonably suspected of committing an offense; or
(b) a member of the immediate family of a homicide victim.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 46, chapter 24, part 1, and the provisions of Title 46, chapter 24, part 1, apply to [section 1].
Section 3. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
Section 4. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 286 (HB0286.ENR)
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