Montana Code Annotated 2021

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 24. TREATMENT OF VICTIMS AND WITNESSES

Part 2. Services to Victim, Witness

Property Return -- Right To Be Heard On Disposition Of Evidence

46-24-206. Property return -- right to be heard on disposition of evidence. (1) A law enforcement agency or prosecuting attorney shall promptly return any of the victim's property held for evidentiary purposes, unless there is a compelling law enforcement reason for retaining the property.

(2) Before the destruction, disposal, or use of evidence that is not the victim's property, the court shall, as provided in 46-5-308, give the victim an opportunity to be heard as to the appropriate disposition of the evidence.

History: En. Sec. 7, Ch. 554, L. 1985; amd. Sec. 6, Ch. 186, L. 1997.