Montana Statutes
§ 46-14-217 — Admissibility Of Statements Made During Examination Or Treatment
Montana·Title 46 CRIMINAL PROCEDURE·Ch. 14 MENTAL COMPETENCY OF ACCUSED·Part 2 Procedure When Mental Disease or Disorder an Issue
46-14-217 . Admissibility of statements made during examination or treatment. A statement made for the purposes of psychiatric or psychological examination or treatment provided for in this section by a person subjected to examination or treatment is not admissible in evidence against the person at trial on any issue other than that of the person's mental condition. It is admissible on the issue of the person's mental condition, whether or not it would otherwise be considered a privileged communication, only when and after the defendant presents evidence that due to a mental disease or disorder the defendant did not have a particular state of mind that is an element of the offense charged.
Free access — add to your briefcase to read the full text and ask questions with AI
Montana § 46-14-217 (Admissibility Of Statements Made During Examination Or Treatment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
En. 95-509 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 5, Ch. 184, L. 1977; R.C.M. 1947, 95-509; amd. Sec. 13, Ch. 713, L. 1979; amd. Sec. 158, Ch. 800, L. 1991; Sec. 46-14-401 , MCA 1989; redes. 46-14-217 by Code Commissioner, 1991; amd. Sec. 17, Ch. 161, L. 2015.
Nearby Sections
15
§ 46-14-102
Evidence Of Mental Disease Or Disorder Or Developmental Disability Admissible To Prove State Of Mind§ 46-14-201
Renumbered 46-14-214§ 46-14-203
Renumbered 46-14-206§ 46-14-204
Prosecution's Right To Examination§ 46-14-205
Access To Defendant For Examination§ 46-14-206
Report Of Examination§ 46-14-207
Through 46-14-210 Reserved§ 46-14-211
Repealed§ 46-14-212
Renumbered 46-14-205§ 46-14-214
Form Of Verdict And Judgment -- Determination Of Maximum Period Of Confinement -- Victim Findings§ 46-14-215
And 46-14-216 Reserved