Montana Code Annotated 2021

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 15. PRODUCTION OF EVIDENCE

Part 4. Evidence in Cases Involving Sexual Offenses

Statewide Sexual Assault Evidence Kit Tracking System -- Rulemaking

46-15-405. Statewide sexual assault evidence kit tracking system -- rulemaking. (1) The department of justice shall create, operate, and maintain a statewide sexual assault evidence kit tracking system. The tracking system must:

(a) track the status of a sexual assault evidence kit from the collection site through the criminal justice process, including the initial collection at a health care facility, inventory and storage by law enforcement agencies, analysis at a crime laboratory, and storage or destruction after completion of analysis;

(b) allow law enforcement agencies, health care facilities, a crime laboratory, and other entities that receive, maintain, store, or preserve sexual assault evidence kits to update the status and location of the kits; and

(c) allow an individual to anonymously access the tracking system to track the location and status of the individual's sexual assault evidence kit.

(2) The department of justice shall adopt rules for developing and using the sexual assault evidence kit tracking system. Law enforcement agencies, health care facilities, and crime laboratories shall use the tracking system as provided in the rules.

(3) Information contained in the sexual assault evidence kit tracking system is confidential and not subject to public disclosure.

History: En. Sec. 2, Ch. 138, L. 2019.