INTRODUCED
BY A. Buckley, M. Stromswold
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING SEXUAL ASSAULT REPORTING LAWS; ALLOWING A SEXUAL ASSAULT VICTIM THE RIGHT TO KNOW THE STATUS OF THE VICTIM'S EVIDENCE KIT; AND AMENDING SECTION 46-15-406, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 46-15-406, MCA, is amended to read:
"46-15-406. Notice of rights for victims of sexual assault. The department of justice shall prepare a model form for use by health care facilities and law enforcement agencies that details the statutory rights of victims of sexual assault. These rights include the following:
(1) a victim may receive a sexual assault medical forensic examination and have evidence collected using a sexual assault evidence kit even if the victim does not want to participate in a criminal investigation;
(2) a victim may not be billed for the cost of administering the sexual assault medical forensic examination or collecting evidence for the sexual assault evidence kit;
(3) on request by a sexual assault victim to the investigating law enforcement agency, the victim may receive the following information:
(a) contact information for the officer investigating the case;
(b) the current status of the case;
(c) the current status of the sexual assault evidence kit;
(c)(d) whether the case has been submitted to the office of the prosecuting attorney for review;
(d)(e) whether the case has been closed and the documented reason for closure;
(e)(f) if available, contact information for a local community-based victim services program;
(f)(g) notifications of the victim's legal rights, including the right to file a petition requesting an order of protection; and
(g)(h) the notices required by 46-24-203, 46-24-204, and 46-24-206."