Montana Code Annotated 2017

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 24. TREATMENT OF VICTIMS AND WITNESSES

Part 3. Victim's Rights

Enforcement Of Victim's Rights

46-24-301. Enforcement of victim's rights. (1) (a) A peace officer shall make a reasonable attempt to give a victim's rights card to a person who is known to be the primary victim of a crime. A victim who receives a victim's rights card and is given contact information for a peace officer is presumed to have asserted the victim's rights provided in Article II, section 36, of the Montana constitution.

(b) Any other victim, a victim's attorney, or a victim's legal representative who is unknown to a peace officer or a prosecutor may assert and seek enforcement of the rights provided in Article II, section 36, of the Montana constitution.

(c) The rights enumerated in Article II, section 36, of the Montana constitution may be asserted or waived by the victim any time after victimization occurs.

(2) With regard to implementation of Article II, section 36, of the Montana constitution:

(a) "delinquency", "felony", and "misdemeanor" refer to offenses under Title 30, Title 41, Title 45, Title 49, and Title 52;

(b) "person" means an individual, a human being, or a natural person and also includes a corporation, organization, or other legal entity;

(c) "proceeding" means a proceeding that is heard or that may be heard before a judicial or other governmental agency or by an official authorized to take evidence under oath, including any referee, hearings examiner, commissioner, or other person taking testimony or a deposition in connection with the proceeding; and

(d) "victim's rights card" means a card, also known as a Marsy's card, that informs a crime victim of the rights enumerated in Article II, section 36, of the Montana constitution.

History: En. Sec. 1, Ch. 335, L. 2017.