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69th Legislature 2025 SB 69
- 1 - Authorized Print Version – SB 69
ENROLLED BILL
AN ACT REVISING COUNTY ATTORNEY REPORTING REQUIREMENTS RELATED TO CHILDHOOD
SEXUAL ABUSE; PROVIDING FOR AN ANNUAL REPORTING REQUIREMENT; AMENDING SECTIONS 41-
3-210, 41-3-211, AND 41-3-212, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 41-3-210, MCA, is amended to read:
"41-3-210. County attorney duties -- certification -- retention of records -- reports to attorney
general and legislature -- attorney general report. (1) (a) The county attorney shall gather all case notes,
correspondence, evaluations, interviews, and other investigative materials pertaining to each report from the
department or investigation by law enforcement of sexual abuse or sexual exploitation of a child made within
the county when the alleged perpetrator of the sexual abuse or sexual exploitation is 12 years of age or older.
After a report is made or an investigation is commenced, the following individuals or entities shall provide to the
county attorney all case notes, correspondence, evaluations, interviews, and other investigative materials
related to the report or investigation:
(i) the department;
(ii) state and local law enforcement; and
(iii) all members of a county or regional interdisciplinary child information and school safety team
established under 52-2-211.
(b) The duty to provide records to the county attorney under subsection (1)(a) remains throughout
the course of an investigation, an abuse and neglect proceeding conducted pursuant to this part, or the
prosecution of a case involving the sexual abuse of a child or sexual exploitation of a child.
(c) Upon receipt of a report from the department, as required in 41-3-202, that includes an
allegation of sexual abuse of a child or sexual exploitation of a child, the county attorney shall certify in writing
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to the person who initially reported the information that the county attorney received the report. The certification
must include the date the report was received and the age and gender of the alleged victim. If the report was
anonymous, the county attorney shall provide the certification to the department. If the report was made to the
county attorney by a law enforcement officer, the county attorney is not required to provide the certification.
(2) The county attorney shall retain records relating to the report or investigation, including the
certification, case notes, correspondence, evaluations, videotapes, and interviews, for 25 years.
(3) On or before January 1 and June 1 of each year On or before June 1 of each year, each
county attorney shall report to the attorney general. The report to the attorney general must include, for each
report from the department or investigation by law enforcement:
(a) a unique case identifier;
(b) the date that the initial report or allegation was received by the county attorney;
(c) the date any charges were filed;
(d) the date of any decision to decline to prosecute;
(e) if charges are filed against a defendant, whether a conviction was obtained and, if a conviction
was obtained, the sentence imposed by the court; and
(f) the number of certifications made as required by subsection (1)(c), including the number of
certifications made to the department; and
(g) of the reports submitted pursuant to 41-3-202(1)(b), the number of reports presented that have
not resulted in a prosecution or a declination of prosecution within 2 years of the date of the initial report
received by the county attorney, and the basis for not making a decision on whether to prosecute or decline
prosecution in the matters reported.
(4) (a) The attorney general shall create a form for county attorneys to use when submitting reports
required by subsection (3). The form must allow collection of the information required by subsection (3) on an
aggregated, cumulative basis for a 5-year period until charges are filed or a decision is made to decline to
prosecute.
(b) The information provided by a county attorney on the forms is confidential criminal justice
information as defined in 44-5-103.
(5) The attorney general shall report to the law and justice interim committee each year by August
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15 and as provided in 5-11-210. The reports must provide:
(a) aggregated information regarding the status of the cases reported in subsection (3) by the
county attorneys, except for those cases pending review of the county attorney or uncharged cases still under
investigation, including data on the total number of cases reported;
(b) the number of cases declined for prosecution in the prior fiscal year;
(c) the number of cases charged in the prior fiscal year;
(d) the initials of each defendant charged in the prior fiscal year who had been identified in the
reports submitted pursuant to 41-3-202(1)(b) as an alleged perpetrator of sexual abuse or sexual exploitation
and was charged based upon the conduct alleged;
(e) the initials of each defendant identified in the reports submitted pursuant to 41-3-202(1)(b) as
an alleged perpetrator of sexual abuse or sexual exploitation for whom a conviction was obtained based upon
the conduct alleged;
(f) the initials of each defendant identified in the reports submitted pursuant to 41-3-202(1)(b) as
an alleged perpetrator of sexual abuse or sexual exploitation for whom a sentence was imposed based upon
the conduct alleged and the sentence imposed by the court for the defendant;
(d)(g) any action in the past fiscal year that the attorney general took under the authority of 2-15-501
based on the reports submitted as required in subsection (3). A report made pursuant to this subsection
(5)(d)(g) may not include the name of the county.
(e)(h) after consideration of the information provided by the department pursuant to 41-3-211, any
county attorney who failed to provide a complete report required by subsection (3)."
Section 2. Section 41-3-211, MCA, is amended to read:
"41-3-211. Department report to attorney general. (1) By July 15 of each year, the department shall
report to the attorney general and the law and justice interim committee in accordance with 5-11-210 the
number of referrals to county attorneys pursuant to 41-3-202(1)(b)(i) that the department made for each county
in the previous fiscal year.
(2) If the department believes based upon its investigation or knowledge that a prosecution should
be pursued for sexual abuse or sexual exploitation that has not been charged, it shall advise the attorney
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general and summarize the facts supporting its conclusion."
Section 3. Section 41-3-212, MCA, is amended to read:
"41-3-212. Department procedures for reports -- recording -- notifications. (1) A department
employee receiving a report of abuse or neglect pursuant to this part shall:
(a) obtain the information and provide the notifications specified in this section; and
(b) make an audio recording when a report is made by phone. The department shall retain the
recording in the same manner as provided for safety and risk assessments in 41-3-202.
(2) A department employee receiving a report of abuse or neglect shall request the following
information:
(a) the specific facts giving rise to the reasonable suspicion of child abuse or neglect, including the
name or names of the alleged victims and the name or names of the alleged perpetrator or perpetrators if the
report discloses allegations consisting of sexual abuse or sexual exploitation, and the source or sources of the
information; and
(b) (i) if the person making the report is required under 41-3-201 to report suspected abuse or
neglect, the person's name and telephone number and the capacity that makes the person a mandatory
reporter under 41-3-201; or
(ii) if the person making the report is not a mandatory reporter under 41-3-201, the person's name
and telephone number. If the person is unwilling to provide the information, the person receiving the report shall
notify the caller that if the caller suspects the child is at serious risk of imminent harm, to call 9-1-1 so the call
will be prioritized as an emergency.
(3) Reports made under this part are confidential as provided in 41-3-205. The privacy of the
person making the report must be protected as provided in 41-3-205(3)(d) and (3)(h).
(4) A department employee receiving a report pursuant to 41-3-201 shall:
(a) to the greatest extent possible, attempt to obtain the name and phone number of the person
making the report and document any other identifying information available, including but not limited to the
caller's phone number when identified by the phone system; and
(b) if the report is being made by phone, notify the caller that the report is being recorded and the
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person's identity will be kept confidential."
Section 4. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
SB 69, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 69
INTRODUCED BY G. LAMMERS
BY REQUEST OF THE CRIMINAL JUSTICE OVERSIGHT COUNCIL
AN ACT REVISING COUNTY ATTORNEY REPORTING REQUIREMENTS RELATED TO CHILDHOOD
SEXUAL ABUSE; PROVIDING FOR AN ANNUAL REPORTING REQUIREMENT; AMENDING SECTIONS 41-
3-210, 41-3-211, AND 41-3-212, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.