Montana Code Annotated 2021



Part 1. General Provisions

Substitute Address For Participant -- Application -- Duties Of Department -- Penalty

40-15-117. Substitute address for participant -- application -- duties of department -- penalty. (1) A victim who is a resident of this state may apply to the department to have a substitute address designated by the department to serve as the official address of the applicant.

(2) An application for the issuance of a substitute address must include:

(a) proof that the victim is a resident of this state and specific evidence showing that, before the applicant files the application, the applicant has been a victim;

(b) the address that is requested to be kept confidential;

(c) a telephone number at which the department may contact the applicant;

(d) a question asking whether the applicant wishes to register to vote or, if registered, to change the applicant's address for voter registration;

(e) a designation of the department as agent for the applicant for the purposes of service of process and receipt of mail;

(f) the signature of the applicant;

(g) the date on which the applicant signed the application; and

(h) any other information required by the department.

(3) The department shall approve or disapprove an application within 5 business days after the application is filed.

(4) (a) The department:

(i) shall approve an application that is accompanied by specific evidence that the applicant has been a victim within 4 years prior to filing the application; and

(ii) may approve an application if the applicant does not provide specific evidence or the crime against the applicant was committed more than 4 years prior to the applicant filing the application.

(b) Specific evidence that would meet the requirements of this subsection (4) includes but is not limited to a copy of an applicable record of conviction, a temporary restraining order, a protective order granted by a court of competent jurisdiction, or a sworn statement of the victim.

(5) If a participant indicates in response to the question asked in subsection (2)(d) that the participant wishes to register to vote or to change the participant's address used for voter registration:

(a) the department shall furnish the participant with a form developed by the department to register the participant or change the participant's address for voter registration; and

(b) the participant shall complete and sign the form and return it to the department.

(6) A person who knowingly attests falsely or provides incorrect information in the application is guilty of false swearing under 45-7-202.

History: En. Sec. 3, Ch. 83, L. 2005.