Montana would fund sexual assault exams and preserve evidence

The Justice Department would pay for covered exams even when no evidence kit is collected or sent to police. Covered exams would concern alleged rape, sexual assault, or incest and must follow program rules. Payments would use money set aside for this purpose and would not have to cover injury treatment. The committee would adjust exam payment amounts annually based on changes in consumer prices. The payment provisions would take effect July 1, 2027. They would apply to proceedings begun on or after that date.

The state would direct part of its marijuana revenue to an account for sexual assault services. The Justice Department would receive $1,413,000 for the fiscal year beginning July 1, 2027, and $1,654,000 for the fiscal year beginning July 1, 2028. The account would receive 3% of the balance left after a reserve for operating costs and the HEART addiction treatment transfer. The account and revenue transfer would take effect on passage and approval. The spending provisions would take effect July 1, 2027.

Agencies would securely preserve sexual assault evidence kits and their contents for 75 years from collection. Storage would cover kits reported to police and anonymous kits held without consent for release to police. Survivors or their agents could consent to testing anonymous kits during that period. Survivors who request notice would receive it 120 days before planned disposal. These rules would take effect July 1, 2027. How they would apply to previously collected kits is unclear.