Montana legislation · 2025 Regular Session
Montana SB491: Generally revise laws related to sexual assault kits
Status: Failed, May 23, 2025
What the bill says
A bill for an act entitled: "an act generally revising payment for medical evidence collection related to alleged sexual offenses; eliminating the responsibility of law enforcement agencies to pay for sexual assault medical forensic examinations; revising the transfer of excess funds from the marijuana state special revenue fund; establishing a state special revenue fund; providing an appropriation; and amending sections 16-12-111, 44-7-303, 46-15-411, and 46-15-412, mca; and providing effective dates.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING PAYMENT FOR MEDICAL EVIDENCE COLLECTION RELATED TO ALLEGED SEXUAL OFFENSES; ELIMINATING THE RESPONSIBILITY OF LAW ENFORCEMENT AGENCIES TO PAY FOR SEXUAL ASSAULT MEDICAL FORENSIC EXAMINATIONS; REVISING THE TRANSFER OF EXCESS FUNDS FROM THE MARIJUANA STATE SPECIAL REVENUE FUND; ESTABLISHING A STATE SPECIAL REVENUE FUND; PROVIDING AN APPROPRIATION; AND AMENDING SECTIONS 16-12-111, 44-7-303, 46-15-411, AND 46-15-412, MCA; AND PROVIDING EFFECTIVE DATES." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Sexual assault medical forensic examination fund. (1) There is a sexual assault medical forensic examination fund in the state special revenue fund established in 17-2-102. The account consists of money transferred to the account pursuant to 16-12-111. (2) Money in the account must be used by the department of justice to: (A) PURCHASE AND DISTRIBUTE SEXUAL ASSAULT EVIDENCE KITS FOR USE BY MEDICAL FACILITIES AT NO COST TO COLLECT EVIDENCE DURING A SEXUAL ASSAULT MEDICAL FORENSIC EXAMINATION; (B) reimburse medical providers for sexual assault medical forensic examinations of victims of alleged incidents of sexual intercourse without consent, sexual assault, or incest as provided in 46-15-411 at a maximum rate of $800 for each examination ; AND (C) ESTABLISH AND MAINTAIN A SECURE ELECTRONIC SYSTEM BY WHICH REQUESTS FOR REIMBURSEMENT PURSUANT TO 46-15-411 AND PERTINENT TREATMENT …
Sponsors
- Phalen, Bob (R, 17) · primary sponsor
Latest actions
- : (H) Died in Committee
- : (S) Revised Fiscal Note Printed
- : (S) Fiscal Note Unsigned
- : (H) Tabled in Committee
- : (S) Revised Fiscal Note Received
- : (H) Hearing
- : (H) Rereferred to Committee
- : (H) 2nd Reading
- : (H) Scheduled for 2nd Reading
- : (S) Revised Fiscal Note Requested
Votes
- Do Concur (April 17, 2025): 99 yea, 0 nay, passed
- Do Pass (April 3, 2025): 50 yea, 0 nay, passed
- Do Pass (March 6, 2025): 42 yea, 8 nay, passed
Subjects: Criminal Procedure, State Finance
Common questions
- What is SB491?
- SB491 is a bill in the Montana Legislature (2025 Regular Session): Generally revise laws related to sexual assault kits.
- What does SB491 do?
- In its own words: A bill for an act entitled: "an act generally revising payment for medical evidence collection related to alleged sexual offenses; eliminating the responsibility of law enforcement agencies to pay for sexual assault medical forensic examinations; revising the transfer of excess funds from the marijuana state special revenue fund; establishing a state special revenue fund; providing an appropriation; and amending sections 16-12-111, 44-7-303, 46-15-411, and 46-15-412, mca; and providing effective dates.".
- What is the status of SB491?
- Failed as of May 23, 2025. Latest action: (H) Died in Committee (May 23, 2025).
- Who sponsored SB491?
- Phalen, Bob (R, 17).
- Where is the official record for SB491?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC1984
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.