Montana § 46-15-411 Payment For Medical Evidence -- Alleged Sexual Offenses

Montana Statutes

§ 46-15-411 — Payment For Medical Evidence -- Alleged Sexual Offenses

Montana § 46-15-411

Title 46CRIMINAL PROCEDURE

Ch. 15PRODUCTION OF EVIDENCE

Part 4Evidence in Cases Involving Sexual Offenses

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Bluebook

Mont. Code Ann. § 46-15-411 (2026).

Text

46-15-411 . Payment for medical evidence -- alleged sexual offenses.

(1)The local law enforcement agency within whose jurisdiction an alleged incident of sexual intercourse without consent, sexual assault, or incest occurs shall pay for the sexual assault medical forensic examination of a victim of the alleged offense when the examination is directed by the agency or when evidence obtained by the examination is used for the investigation, prosecution, or resolution of an offense.

(2)(a) The department of justice shall, as long as funds are available from an appropriation made for this purpose, pay for the sexual assault medical forensic examination of a victim of an alleged incident of sexual intercourse without consent, sexual assault, or incest if the cost is not the responsibility of

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46-15-411 . Payment for medical evidence -- alleged sexual offenses. (1) The local law enforcement agency within whose jurisdiction an alleged incident of sexual intercourse without consent, sexual assault, or incest occurs shall pay for the sexual assault medical forensic examination of a victim of the alleged offense when the examination is directed by the agency or when evidence obtained by the examination is used for the investigation, prosecution, or resolution of an offense.
(2) (a) The department of justice shall, as long as funds are available from an appropriation made for this purpose, pay for the sexual assault medical forensic examination of a victim of an alleged incident of sexual intercourse without consent, sexual assault, or incest if the cost is not the responsibility of a local law enforcement agency under subsection (1).
(b) In administering the provisions of subsection (2)(a), the department shall:
(i) identify priorities for funding services, activities, and criteria for the receipt of program funds;
(ii) monitor the expenditure of funds by organizations receiving funds under this section;
(iii) evaluate the effectiveness of services and activities under this section; and
(iv) adopt rules necessary to implement this subsection (2).
(3) This section does not require a law enforcement agency or the state to pay any costs of treatment for injuries resulting from the alleged offense.

Legislative History

En. 95-1813 by Sec. 1, Ch. 128, L. 1977; R.C.M. 1947, 95-1813; amd. Sec. 4, Ch. 186, L. 1997; amd. Sec. 3, Ch. 504, L. 2005; amd. Sec. 3, Ch. 237, L. 2013; amd. Sec. 5, Ch. 138, L. 2019.