Statute of Limitations on Dental Bills

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					Montana Coalition Against Domestic and
          Sexual Violence

       2007 Legislative Session:

           FINAL REPORT
OVERVIEW

For those of you who have been following the Legislative session this year, you know that the
past ninety days have been something of a whirl wind of uncertainty and hope for MCADSV
members and allies. Fortunately for us, many of the bills that have the potential to directly
impact MCADSV members were successful in becoming state statutes. This does not mean the
entire process was always an easy one. As we all know, often there are bills relevant to
domestic and sexual violence brought to the Legislature that may or may not have the full
support of MCADSV. However, MCADSV continues to use all relevant legislation as an
opportunity to educate the Legislators and the public about domestic and sexual violence
dynamics and appropriate responses. Many bills required direct action from MCADSV
membership, as well as extensive education for Legislators at the Capitol in order to ensure that
they were adequately informed about the content and impact of those bills we supported and
did not support. We also had some explaining to do to encourage bipartisan support when
some of our bills were up for floor vote.

What we can see from the 2007 Legislative Session is that although we still have a long way to
go in terms of educating our neighbors about the realities and dynamics of domestic violence, we
really have made great strides in getting our communities to understand the importance of
accountability and responsibility by making sure ending domestic and sexual violence is a top
priority in Montana.




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MONTANA 2007 SPECIAL SESSION
Because the Legislature did not pass a budget in the 2007 Regular Session, they must meet for a
―Special Session‖ and create a budget for the next two years before July 1 st, 2007. Governor
Schweitzer called the Legislators back for the Special Session, starting on Thursday, May 10 at 8
am. The word is that the Special Session will be brief as the Governor, House, a nd Senate have
come to a deal on the state budget behind closed doors.

What does this mean for MCADSV bills?

Luckily, most of the MCADSV priority bills do not have a fiscal impact and are therefore not
affected by the budget or if they do, have already been signed by the Governor. However, there
are several programs we would like to see funded and we will keep an eye on what happens to
them.

A brief update on MCADSV priority bills with a fiscal impact:

        HB 60: Access to civil justice act, self-help law program– currently funded in the
         budget at the level as included in HB 819
        Forensic Rape Examination Payment Program – currently funded in the
         Governor’s budget as originally requested in the Regular Session

MCADSV will continue to keep you updated of all the relevant information that arises from the
2007 Special Session, with a final report at the end. Please continue to read the remainder of this
document for further information about legislation MCADSV weighed in on during the 2007
Regular Session, including those bills affected by the state budget.




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MCADSV Priority Legislation

The following pieces of legislation were considered MCADSV’s top priorities. MCADSV will
soon be creating fact sheets about each of the bills that passed and the potential impacts of that
legislation for our members and allies.

Below is a summary of each of these bills:

Forensic Rape Examination Payment Program (FREPP)

As many of you may remember, the 2005 Legislature created the forensic rape examination
payment program (FREPP) to help rape victims pay for the necessary forensic exam. The
program ensures that the forensic evidence necessary to prosecute rape cases is available, even if
victims are not ready to report the crime to la w enforcement when they first go to an emergency
room. However, because the Legislature only funded it for the following two years, it was
necessary to reauthorize it in this year’s budget or risk it becoming an unfunded mandate.

Because the program is so ne w, there is some leftover money from the original appropriation, the
Department of Justice asked to keep what was left over from this biennium + 30% for a total of
about $45,000 for FREPP for the next two years. It was included in the budget during the 2007
Regular Session which died upon adjournment. However, it is currently included in the
Governor’s budget as submitted to the Special Session at $17,500 for FY 2008 and $17,500 for FY
2009. MCADSV will keep an eye on the Special Session to make sure that this much needed
program continues to be funded.

The funding for this program is part of the Department of Justice’s budget and is therefore part
of the state budget which will be discussed in the 2007 Special Session. Please refer to the ―2007
Special Session‖ section at the beginning of this report for more information.

Future Implications for MCADSV

MCADSV will keep close watch on the 2007 Special Session to make sure that this program
continues to receive the funds necessary for its implementation. Once this funding is secure d,
MCADSV members and allies will need to continue to work within their communities to make
sure advocates, law enforcement, and medical service providers know about this valuable tool
for victims of sexual assault. We will continue to need to track the use of this program so we
can justify its use in 2009 when we again need to ask for reauthorization funding.


HB    LC0072 John         (H) Died in Standing       04/27/2007 Access to civil justice act, self-
60           Parker       Committee *                           help law program

This legislation set out to create the ―Montana Access to Civil Justice Act‖, a self-help law
program that guarantees equal access to justice for all Montanans, in particular for low-income
Montanans who are often forced to handle their own legal issues. HB 60 was the result of strong
bipartisan agreement that support for self-represented litigants was the most effective and


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efficient means to address the large number of unmet legal needs in Montana and restore public
confidence in the justice system.

HB 60 was tabled in House Appropriations Committee and missed the deadline for
appropriation bill transmittal. However, Carol Williams successfully introduced an amendment
to the Judiciary's budget that adds $250,000 per year (half of that requested in HB60) for the
building of self-help resource in HB 819. HB 819 passed the Senate floor but did not pass out
of the House.

This legislation does have a fiscal impact and is therefore a part of the budget which will be
discussed in the 2007 Special Session. As of right now, it is included as amended in HB 819 from
the Regular Session. Please refer to the ―2007 Special Session‖ section at the beginning of this
report for more information.

Future Implications for MCADSV

This legislation will develop self-help resources and coordinate support to self-represented
litigants as a means to address the unmet civil legal needs of low-income Montanans. It can help
survivors of domestic and sexual violence, and stalking to receive the resources, education, and
support for family law, orders of protection, landlord/tenant, and consumer la w assistance in
order to be able to represent themselves in court and avoid having to hire attorneys that low-
income families cannot afford. MCADSV members and allies will need to work with their
communities to make sure survivors of domestic violence know of this valuable resource for
low-income families.


HB    LC0340 Jonathan          (S) Died in Standing 04/27/2007 Increase penalties for partner
329          Windy Boy         Committee *                     or family member assault

This bill would have increased fines and/or jail time for those convicted of a partner or family
member assault. MCADSV came out in support of the intention of this bill to hold offenders
accountable, but made the committees aware of the potential financial repercussions t o families
if this legislation were enacted in Montana. The bill did pass out of House Judiciary, but passed
with amendments that make the offender pay for jail time served on a 1 st and 2 nd offense. Once
on the House floor, Representative Caferro moved an amendment to remove the amendment to
require offenders to pay for incarceration attached by House Judiciary. T he bill passed out of
the House with this amendment but was tabled in Senate Judiciary and will thus not
become Montana statute.

This legislation had 2 committee and 4 floor votes:
House Judiciary as Amended – Passed 16-1
House Appropriations – Passed 16-3
House 2nd Reading Motion to Amend – Passed 76-23
House 2nd Reading as Amended – Passed 94-5
House 2nd Reading – Passed 85-15
House 3 rd Reading – Passed 87-1



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SB    LC2071 Gary L       (S) Signed by      05/03/2007 Crime of tampering with or destroying
350          Perry        Governor                      communication equipment

This legislation will support survivors of domestic and sexual violence by recognizing the
lethality of preventing a victim from contacting help during offenses like Partner Family
Member Assault. T his bill was amended in Senate Judiciary to remove the language that
directly linked this charge to the commission of a criminal offense. This makes tampering
with or destroying communication equipment a separ ate misdemeanor charge and thus
applicable to all crimes. It now states that a person commits criminal destruction if he/she
obstructs, prevents, or interferes with:
         a report to law enforcement of a criminal offense
         a report to law enforcement of actual bodily injury or property damage
         a request made to any governmental agency or to any medical provider for ambulance
             or emergency medical assistance.
This legislation barely passed out of the House Judiciary committee, but received wide support
on both floors of the Legislature. It has no fiscal impact.

This legislation had 2 committee and 4 floor votes:
Senate Judiciary – Passed 9-3
Senate 2nd Reading – Passed 43-7
Senate 3 rd Reading – Passed 43-7
House Judiciary – Passed 9-8
House 2nd Reading – Passed 86-14
House 3 rd Reading – Passed 86-13

Future Implications for MCADSV

This legislation recognizes the value of emergency services as a tool to save lives and solve crimes
by making it an offense to stop or prevent a victim of a crime from being able to call for
emergency help by acknowledging that this is a real aspect of crimes committed. It recognizes
the value of a victim’s right to call for help and has the ability to deter this type of criminal
behavior by creating serious consequences for this crime. This statute will serve to deter an
offender from interfering or preventing a crime victim from calling for assistance and will hold
the offender accountable by creating a misdemeanor offense. Previously, this type of crime was
not specifically covered by another criminal statute. In addition, Victim Witness programs
should take note that this applies to all victims of crime and their right to contacting emergency
services. Although this legislation is no longer linked to the commission of a crime, this
legislation does make it a crime for anyone to prohibit someone from reporting to law
enforcement or requesting medical services.

MCADSV should work to ensure that victim advocates and the criminal justice system are
aware of the changes that this bill implements. In addition, MCADSV members and allies
should monitor how this statute is used in their counties. It should still be applicable in
domestic violence cases where the victim is prevented from using the phone, but MCADSV
members may want to keep an eye on the effectiveness of the charge since it is no longer directly
linked to the commission of a crime.
SB     LC0163 Rick          (S) Returned from       04/25/2007 Expand order of protection to
411           Laible        Enrolling                          victims of assault

This bill expands orders of protection to include additional victims of assault:
         victims of ―assault‖ (MCA 45-5-201)
         victims of ―aggravated assault‖ (MCA 45-5-202)
         victims of ―assault on a minor‖ (MCA 45-5-212)

This legislation had 2 committee and 4 floor votes:
Senate Judiciary – Passed 12-0
Senate 2nd Reading – Passed 50-0
Senate 3 rd Reading – Passed 49-0
House Judiciary – Passed 12-5
House 2nd Reading – Passed 87-13
House 3 rd Reading – Passed 86-11

Future Implications for MCADSV

Because it is not uncommon for an offender to be charged with assault, aggravated assault, or
assault on a minor, when in fact the charge should have been a partner or family member assault
but for one reason or another, was difficult to assess as that pa rticular crime at the time. Yes, the
offender is still getting charged for the abuse, but there are completely different dynamics
involved in domestic violence that are difficult to understand or see without education and/or
training on the complexities of domestic violence. For these reasons, an Order of Protection is a
valuable tool in preventing abuse and saving lives. This legislation allows Montana to protect all
citizens who have been assaulted from further assaults—regardless of their prior relationship by
providing access to an order of protection. MCADSV members and allies will need to work
within their communities and with the criminal justice system to make sure that those who
interact with victims of crime are aware of the expanded protections that will be available to
victims of violence through this new legislation.


SB 447 LC2070 Gary L Perry (S) Signed by Governor 05/03/2007 Revise victim's rights laws

This legislation will allow victims to receive one copy of the information regarding their case, at
their request and free of charge, directly from the clerk of courts making it easier for them to get
information as they no longer have to go through the prosecuting attorney. This legislation also
allows victims to have a victim advocate present during interviews . It was positively amended
based upon the clerk of courts suggestion to broaden the information the victim is able to
receive by specifying that it be what is contained ―in the court file‖. An amendment was also
added to allow a child’s guardian to receive the info if the child is under the age of 18.

This legislation had 2 committee and 4 floor votes:
Senate Judiciary – Passed 11-1


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Senate 2nd Reading – Passed 49-0
Senate 3 rd Reading – Passed 49-1
House Judiciary – Passed 17-0
House 2nd Reading – Passed 99-1
House 3 rd Reading – Passed 99-1

Future Implications for MCADSV

SB 447 continues offering support to victims of crime in Montana by recognizing the benefit of
allowing victims to have an advocate present when being interviewed about the offense. With a
victim advocate present, a victim is less terrified, is more likely to provide succinct testimon y,
and feels support from the criminal justice system that otherwise can make a victim feel like a
piece of evidence. This legislation allows Montana to continue to support victims of crime with
equal access to information and through a show of support for those who need it most.
MCADSV membership will need to work closely with each other and their communities to
make sure the clerk of courts and the criminal justice system are a ware of the implications of
this legislation.


SB      LC2543 Jim              (S) Signed by            04/27/2007 Revise aggravated assault
486            Shockley         President                           law

As some of you may remember from last session, we proposed a bill to further protect survivors
by making strangulation a felony. During the 2007 session, the Western Legislative Committee
decided to push an amendment to the Aggravated Assault statute (MCA 45-5-202) that adds ―or
knowingly causes a reasonable apprehe nsion of bodily injury or death‖. It was amended in
Senate Judiciary to read: ―purposely or knowingly, with the use of physical force or contact,
causes reasonable apprehension of serious bodily injury in another‖. It also was amended to
remove the mandatory minimum 2 year sentence required by the original aggravated assault
statute and added the language ―imprisoned in the state prison for a term not to exceed 20
years‖ for a conviction. The House Judiciary Committee included a minor amendment to add ―or
death‖ after ―reasonable apprehension of serious bodily injury‖. This bill did not have a fiscal
note.

This legislation had 2 committee and 6 floor votes:
Senate Judiciary – Passed 12-0
Senate 2nd Reading – Passed 49-1
Senate 3 rd Reading – Passed 48-2
House Judiciary – Passed 10-7
House 2nd Reading – Passed 70-30
House 3 rd Reading – Passed 67-32
Senate 2nd Reading with House Amendments – Passed 50-0
Senate 3 rd Reading as amended by House – Passed 49-0




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Future Implications for MCADSV

Prosecutors will be able to charge, as felonies, cases where the victim felt like the perpetrator
was just about to kill him/her or cause her serious bodily injury—including incidences of
strangulation. This is particularly important for victims of domestic violence as strangulation,
or the threat of, is unfortunately a very common power and control tactic of abusers that has a
devastating psychological effect on victims and a potentially fatal outcome. Ten percent of
violent deaths in the US each year are due to strangulation, with six female victims to every
male.

SB 486 amends the current aggravated assault la w to make it consistent with the other assault
statutes in Montana by stating that to cause someone reasonable apprehension of bodily injury
is aggravated assault. However, this statute is unique in its requirement of ―physical force or
contact‖. MCADSV members and allies may want to watch how this statute is used over the
next two years and see if this statute is indeed effective in prosecuting strangulation in domestic
violence cases as written, and offer suggestions for possible improvements to it for next session.
MCADSV members and allies will need to work closely with each other and their communities
to make sure the criminal justice system is aware of the implications of this legislation.




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MCADSV Supported Legislation


HB    LC0380 Eve          (H) Died in Standing 04/27/2007 Allow crime victims compensation
30           Franklin     Committee *                     fund to retain restitution

This bill would have created an account specifically for crime victims’ compensation. When
restitution money is paid by a criminal offender, it would be deposited in this crime victims’
compensation account, whereas previously the restitution money was deposited in the state
general fund. Its fiscal impact included the expected costs of the Crime Victim Compensation
(CPC) program as well as the estimated money expected to be received from restitution from
offenders resulting in a $200,000 annual fiscal note. T his bill was tabled in House Judiciary
and will thus not become Montana statute.


HB     LC1430 Bill           (H) Signed by         05/03/2007 Short-term emergency lodging
240           Nooney         Governor                         tax credit

HB 240 establishes a tax credit for hotels, etc. that provide lodging in temporary emergencies
and will give tax credits to hotels that temporarily house victims of domestic violence. This bill
was amended in House Taxation to limit the tax credit to $30/night of lodging, down from
the lesser of $65 or the state rate. Senate Taxation left this amendment in place and also
made their own amendment to remove “natur al disaster” victims and essentially make this
only apply to domestic violence victims. Its fiscal impact is estimated to be $60,000 a year.

This legislation had 3 committee and 7 floor votes:
House Taxation – Passed 18-0
House 2nd Reading – Passed 86-12
House Appropriations – Passed 14-5
House 2nd Reading – Passed 92-8
House 3 rd Reading – Passed 89-11
Senate Taxation – Passed 10-0
Senate 2nd Reading – Passed 50-0
Senate 3 rd Reading – Passed 46-4
House 2nd Reading with Senate Amendments – Passed 88-10
House 3 rd Reading as Amended by Senate – Passed 86-14

Future Implications for MCADSV

Although this legislation has a fiscal impact and is therefore a part of the budget, it has passed
out of both chambers of the Legislature and has received the Governor’s signature so it should be
okay. However, MCADSV will inform you of any and all changes if necessary. Please refer to the
―2007 Special Session‖ section at the beginning of this report for more information.

This bill will benefit the hotels/motels that generously offer lodging for victims of domestic
violence when the community shelter is full, if one exists at all. Because the bill was amended to


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about half of the amount originally requested, this may limit its usefulness in more urban
communities, but is still potentially useful in rural parts of the state. MCADSV should consider
whether or not to push for changing this back to the original credit amount in the next
legislative session. In the meantime, MCADSV members and allies will need to work on
generating a list of the charitable organizations that qualify as eligible providers and work out a
system of tracking the usage numbers over the next two years in order to support possible
amendments in 2009. MCADSV will be creating a fact sheet for this program once it has been
implemented.


HB     LC2167 John          (H) Returned from        05/02/2007 Child witness protection in
491           Sinrud        Enrolling                           criminal cases

HB 491 provides for greater protection for child witnesses when testifying in a violent or sexual
offense cases. This bill would give the courts the option to allow these child victims to have
recorded testimony, without the defendant present. Originally, the bill allowed these child
victims to have an ―adult attendant‖ with them while providing testimony in order to provide
emotional support to the child. This bill had its ups and downs in both chambers of the
Legislature and eventually passed out of the House and Senate with many amendment s
including:
          Changing the child witness age from ―12 or younger‖ to ―13 or younger‖
          Adding ―under 16‖ as the age limit if the child has a developmental disability
          Striking the ―adult attendant‖ provision but does allow ―any person whose presence
            is determined by the court to be necessary to the welfare and well-being of the child
            witness‖
          Amended to allow child witnesses called by the defense testify outside the presence
            of the defendant
          Changed language to allow the court to consider ―hearsay‖ evidence of psychologists
            (struck ―counselors‖) who have examined or treated the child witness
 It is currently on its way to the Governor and has no fiscal impact.

This legislation had 2 committee and 10 floor votes:
House Judiciary – Passed as Amended 15-2
House 2nd Reading – Passed 96-4
House 3 rd Reading – Passed 97-2
Senate Judiciary – Tabled
Senate Blast Motion – Failed 25-25
Senate Blast Motion – Failed 18-32
Senate Blast Motion – Passed 28-22
Senate 2nd Reading Motion to Amend – Passed 49-1
Senate 2nd Reading as Amended – Passed 33-17
Senate Motion to Suspend Rules and Place on 3 rd Reading – Failed 28-22
Senate 3 rd Reading – Passed 46-4
House 2nd Reading with Senate Amendments – Passed 99-1
House 3 rd Reading as Amended by Senate – Passed 96-2

Future Implications for MCADSV


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This legislation recognizes the difficulties children have while bravely cooperating with a
criminal justice system that is designed for adults and affords this system ways in which to
accommodate these courageous survivors of abuse. Although ―adult attendant‖ was struck from
this bill, child witnesses are now able to testify without having the defendant present, reducing
the trauma to children and thus psychological harm to the child. Because there is some debate
over whether or not the statute still allows child victims to provide testimony without the
defendant present, MCADSV members and allies should watch how this statu te is used in the
courts in case the possibility of clarification is needed in the next Legislative Session—although
I have been assured by the prosecutor who is pretty much responsible for this bill that child
victim witnesses are still protected. Overall, this legislation is significantly different than
originally written so MCADSV may need to work on strengthening it in the next Legislative
Session. MCADSV should work to ensure that victim advocates and the criminal justice system
are a ware of the changes that this legislation implements.


HB     LC1884 Mary            Chapter Number        04/30/2007 Prohibit sexual contact of facilities
514           Caferro         Assigned                         staff & residents

This bill revises the current sexual assault and sexual intercourse statutes so that consent is not
considered effective if the victim is receiving services from a youth care facility or is a patient or
resident of a mental health facility, a residential facility, or community-based facility. It also
states consent is not effective if the victim is receiving community-based services and the
offender is an employee, contractor, or volunteer of the facility or community-based service.
This bill also provides an exception for all of the above if the individuals invol ved are married to
each other. This legislation received unanimous support in both chambers of the
Legislature. This bill has no fiscal impact.

This legislation had 2 committee and 7 floor votes:
House Judiciary – Passed 17-0
House Motion to Amend – Passed 96-0
House 2nd Reading as Amended – Passed 100-0
House 3 rd Reading – Passed 96-0
Senate Judiciary – Passed as Amended 12-0
Senate 2nd Reading – Passed 49-0
Senate 3 rd Reading – Passed 49-0
House 2nd Reading with Senate Amendments – Passed 100-0
House 3 rd Reading as Amended by Senate – 98-0

Future Implications for MCADSV

This legislation offers more protections for patients and residents mental health services. It
serves as an educational piece for the Legislature demonstrating the reality of abuse of power
and control over an extremely vulnerable population. MCADSV will need to work on educating
membership and their communities about this legislation and its implications so victims under
the care of mental health professionals are made aware of their rights and the protections
afforded by this statute.


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HB     LC1847 Teresa K         (H) Died in Standing       04/27/2007 Create responsible sexual
612           Henry            Committee *                           health program

This bill would have a warded contracts to schools to develop age-appropriate and medically
accurate sexual health education programs. It would provide young people with an effective
education program that is meaningful and substantially involves parents and other adults as
feasible and appropriate. It would include information about se xual health; contraceptives;
STD/HIV/pregnancy risk and prevention; encourage family communication about sexual health;
healthy vs. unhealthy relationships; dating violence; sexual harassment; and sexual violence.
This legislation is estimated to cost: $27,989 in fiscal year 2008; $510,626 in fiscal year 2009;
$511,317 in fiscal year 2010; and $512,024 in fiscal year 2011. This bill was tabled in House
Human Services.


SB     LC0399 Carolyn          (S) Transmitted to     05/08/2007 Extend statute of limitations for
104           Squires          Governor                          certain sex crimes

This bill will extend the statute of limitations for sex crimes when the identity of the suspect is
established by DNA evidence at a later date. An amendment was added to state that
prosecution has one year to try the case after the DNA evidence has been found. It is estimated
to cost $141,000 per year for attorney’s fees additional cases this legislation will create per year.

This legislation had 4 committee and 5 floor votes:
Senate Judiciary – Passed 10-2
Senate Judiciary – Passed 10-2
Senate 2nd Reading – Passed 50-0
Senate 3 rd Reading – Passed 50-0
House Judiciary – Passed 16-1
House 2nd Reading – Passed 98-2
House Appropriations – Passed 17-2
House 2nd Reading – Passed 98-2
House 3 rd Reading – Passed 98-2

Future Implications for MCADSV

This legislation does have a fiscal note and is therefore affected by the budget which will be
discussed in the 2007 Special Session. As of right now, it is included in HB 2 in the Special
Session at the amount originally requested in the 2007 Regular Session. Please refer to the ―2007
Special Session‖ section at the beginning of this report for more information.

MCADSV came in as a proponent of this legislation because it will strengthen the criminal
justice system’s ability to hold sexual assault offenders accountable regardless of the date of the
crime bringing much deserved justice to victims of sexual assault. In addition, it can prevent
further sexual assaults once the offender is caught. MCADSV should work to ensure that victim



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advocates and the criminal justice system are a ware of the changes that arise from this
legislation.


SB     LC0379 Gary L        Chapter Number         04/10/2007 Extend domestic violence review
170           Perry         Assigned                          commission

This bill extended the termination date of the domestic violence revie w commission by 2 years
(until December 31, 2010). This legislation has no fiscal impact.

This legislation had 2 committee and 4 floor votes:
Senate Judiciary – Passed 11-0
Senate 2nd Reading – Passed 49-0
Senate 3 rd Reading – Passed 49-0
House Judiciary – Passed 14-3
House 2nd Reading – Passed 92-8
House 3 rd Reading – Passed 89-11

Future Implications for MCADSV

This legislation continues the valuable work of the D omestic Violence Fatality Revie w
Commission.


SB    LC1700 John         Chapter Number      04/05/2007 Criminalizing involuntary servitude and
385          Cobb         Assigned                       trafficking in persons

This legislation makes it a crime to subject a person to slavery or involuntary labor and services
through a variety of coercive tactics. The truth is that trafficked persons may be forced into
marriage, prostitution, pornography, or other forms of commercial sexual activity. Women and
children who are trafficked for exploitive labor are commonly exposed to sexual violence.
Unfortunately, due to the secretive nature of these industries, these victims are often invisible in
our communities. This legislation allows Montana to protect victims of violence regardless of
their immigration or legal status in this country.

Initially, this bill was tabled by Senate Judiciary because some on the Committee were
convinced that Federal human trafficking legislation were adequate to protect these victims.
However, once the Committee was informed of the inadequacies of the Federal protections for
victims, the bill was taken from the table, re-discussed and passed out of the Committee. This
bill has no fiscal impact.

This legislation had 2 committee and 4 floor votes:
Senate Judiciary – Passed 9-3
Senate 2nd Reading – Passed 46-3
Senate 3 rd Reading – Passed 47-3
House Judiciary – Passed 17-0
House 2nd Reading – Passed 98-2


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House 3 rd Reading – Passed 98-1

Future Implications for MCADSV

MCADSV members and allies will need to work within their communities to discuss the reality
of human trafficking and the Federal, and now State, protections afforded to its victims.
MCADSV may consider partnering with Montana Legal Services in an effort to make sure that
law enforcement know about this statute and its implications. This legislation is one step
toward educating our communities and each other about the realities of not only human
trafficking in Montana, but also the reality of immigrant populations in our state and their
rights as protected by law.


HB    LC0601 Llew        Chapter Number 04/26/2007 Require photograph of sexual and violent
272          Jones       Assigned                  offenders throughout registration

This legislation requires that level 2 and 3 sex offenders appear before the chief of police or
sheriff to submit a new photograph every year. This photograph also will be accessible to the
public in addition to level 2 and 3 sex offenders’ information that is already public information
under the current statute (MCA 46-23-508). It originally required public access to
photographs of level 2 and 3 ―violent offenders‖ and photographs of level 1, 2, and 3 violent and
sexual offenders. Multiple amendments in both committees reduced the bill to apply only to
level 2 and 3 sex offenders.

This legislation had 2 committee and 6 floor votes:
House Judiciary – Passed 16-1
House 2nd Reading – Passed 98-2
House 3 rd Reading – Passed 98-2
Senate Judiciary – Passed 12-0
Senate 2nd Reading – Passed 48-0
Senate 3 rd Reading – Passed 50-0
House 2nd Reading with Senate Amendments – Passed 96-3
House 3 rd Reading as Amended by Senate – Passed 94-4


Future Implications for MCADSV

MCADSV membership and allies will need to work to make sure their communities are a ware
that the public may now access photographs of level 2 sex offenders and that the photographs of
level 2 and 3 sex offenders will be updated annually.




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SB LC0364 Steven         Chapter Number 04/30/2007 Prohibit probation and parole officer
50        Gallus         Assigned                  sexual contact with probationer or
                                                   parolee

This legislation amends the sexual assault and sexual intercourse without consent statute to
prohibit sexual contact between a probationer or parolee and an employee, contractor, or
volunteer of the supervising authority of that probationer or parolee. This legislation protects
both adult and juvenile offenders. Amendments were made by Senate Judiciary and House
Judiciary to clarify the individuals in authority who are prohibited from sexual contact with the
victims being supervised and also to clarify protection for juvenile victims. It has no fiscal
impact.

This legislation had 2 committee and 7 floor votes:
Senate Judiciary – Passed 10-0
Senate 2nd Reading – Passed 50-0
Senate 3 rd Reading – Passed 50-0
House Judiciary – Passed 17-0
House motion to amend – Passed 98-0
House 2nd Reading as Amended – Passed 99-1
House 3 rd Reading – Passed 98-1
Senate 2nd Reading with House Amendments – Passed 50-0
Senate 3 rd Reading as Amended by House – Passed 50-0


Future Implications for MCADSV

It is currently a crime in Montana for an employee, contractor, or volunteer of a correctional,
detention, or treatment facility to have sexual contact with an incarcerated adult or juvenile.
This legislation extends the current statute to make it a crime for those in supervisory positions
to have sexual contact with an adult or juvenile probationer or parolee. It recognizes this
potential abuse of power by those whose opinion of the probationer or parolee essentially
determines whether or not he/she returns to jail and maintains that it will not be tolerated in the
state of Montana. It further demonstrates that those working their way through the justice
system receive the same rights to their bodies as law abiding citizens. MCADSV members and
allies will need to work with their communities and with their local probation and parole
departments to ensure this legislation is understood.


SB    LC0600 Kim          (S) Transmitted to     05/08/2007 Require mediation of custody in
393          Gillan       Governor                          dissolution of marriage

SB 393 will require mediation of custody disputes when the parents cannot agree on the terms of
the parenting plan. The legislation does have an exception to this requirement if the court
suspects one of the parties to the parenting plan or a child of a party has been physically,
sexually, or emotionally abused by another party. MCADSV did not testify on this bill because
of the domestic and sexual violence exemption—although we recognize that this may not
always protect survivors in practice. The Senate Judiciary Committee amended the bill to add


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an exception for parties who are unable to pay for mediation. Unfortunately, th is financial
hardship exception was taken out in the House Judiciary Committee. The bill ultimately passed
without a financial hardship exception.

This legislation had 3 committee and 11 floor votes:
Senate Judiciary – Passed as Amended 8-4
Senate 2nd Reading – Passed 50-0
Senate 3 rd Reading – Passed 43-7
House Judiciary – Passed as Amended 11-6
House 2nd Reading Motion to Amend – Passed 50-49
House 2nd Reading on Amendment – Failed 50-50
House Motion to Reconsider Amendment – Passed 53-42
House Motion to Place on 2nd Reading – Passed 52-42
House 2nd Reading – Passed 57-43
House 3 rd Reading – Passed 57-42
Senate 2nd Reading to Not Accept House Amendments – Passed 43-6
Senate Motion to Place on 2 nd Reading – Passed 40-9
Senate 2nd Reading on House Amendments – Passed 37-13
Senate 3 rd Reading as Amended by House – Passed 36-14

Implications for MCADSV

Although SB 393 provides for an exemption for victims of physical, sexual, or emotional abuse,
MCADSV still sees potential problems with the impact of this bil l:
        Some victims are reluctant to divulge a history of abuse to the Court, particularly
          early in the proceedings. Anyone reluctant to argue a history of domestic or sexual
          violence to the Court will be ordered to mediation under this bill.
        Judges do not al ways acknowledge emotional abuse as domestic violence. If the
          judge does not find that there has been abuse, the parties will be ordered to
          mediation.
        Low-income people cannot afford to pay mediation costs. Imposition of mediation
          costs on low-income families will create a barrier to the justice system and force
          families to choose between getting parenting plans and providing basic necessities
          for their children.

If this bill becomes la w, MCADSV members will have to work hard as advocates to convince
judges about the reality of domestic and/or sexual violence of survivors in court on a case-by-
basis so as to avoid the mandatory mediation that is required by this legislation. MCADSV may
also want to keep track of how often mediation is required when there is demonstrated financial
hardship of the survivors in order to potentially add this exemption to the statute in 2009. If
you are working with victims who are ordered to mediation, please contact Tara Veazey at
Montana Legal Services Association (406-442-9830 x13; tveazey@mtlsa.org).




                                                                                                 11
SB    LC2548 Gary L       (S) Returned       05/02/2007 Revise laws on sentencing, registration,
547          Perry        from Enrolling                and treatment of sexual offenders

There were several sexual predator bills that were proposed this session in both chambers of the
Legislature that were in line with Florida’s Jessica’s law. It ended up that members of both the
House and Senate went to Conference Committee on SB 547, the bill originally introduced and
sponsored by Senator Gary Perry from Manhattan. The Conference Committee worked long
and hard to come to a consensus on the content of this legislation. Here are some of the main
changes:
         Mandatory Minimums:
           o If an offender is 18 or over and has committed sexual intercourse without
               consent, incest, promoting prostitution, aggravated promotion of
               prostitution, or sexual abuse of children of a victim who was 12 years or
               younger at the time of the offense, or if the offender is 18 or over and has been a
               client of a prostitute who is 12 or younger at the time of the offense, the offender
               shall be sent to prison for a term of 100 years.
           o The court may not defer or suspend the first 25 years of the sentence of
               imprisonment and during the first 25 years the offender is not eligible for parole.
               If the offender is released after the mandatory minimum of imprisonment, he/she
               is subject to electronic-monitoring and supervision by the department of
               corrections for the rest of his/her life.
           o May be fined no more than $50,000
           o Required to undergo and complete sexual offender treatment program
         Sex Offender Treatment Program:
           o Created an entirely new section outlining sexual offender treatment in Montana
               in terms of treatment when incarcerated and if released on parole
           o Allows non-profit and ―for profit‖ organizations be able to contract for sexual
               offender treatment facilities
         Sex offender registration:
           o Sex offenders must register within 3 business days of moving to a new county;
               includes transient offenders
           o Youth sexual offender registration if a repeat offender
           o Public access to and dissemination of sex offender information

MCADSV encourages all members and allies to review this legislation as it will have a
significant impact on sex offender management in Montana. It can be viewed at:
http://data.opi.mt.gov/bills/2007/billhtml/SB0547.htm and
http://data.opi.mt.gov/bills/2007/billpdf/SB0547.pdf.


This legislation had 2 committee and 13 floor votes:
Senate Judiciary – Passed 12-0
Senate 2nd Reading – Passed 49-1
Senate 3 rd Reading – Passed 49-1
House Judiciary – Passed as Amended 16-1
House 2nd Reading Motion to Amend – Failed 46-54
House 2nd Reading Motion to Amend – Passed 51-49


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House 2nd Reading Motion to Amend – Passed 87-13
House 2nd Reading Motion to Amend – Passed 65-35
House 2nd Reading as Amended – Passed 95-4
House 3 rd Reading – Passed 93-4
Senate 2nd Reading to Not Accept House Amendments – Passed 50-0
House 2nd Reading to Adopt Free Conference Committee Report – Passed 95-5
Senate 2nd Reading to Adopt Free Conference Committee Report – Passed 39-11
Senate 3 rd Reading to Adopt Free Conference Committee Report – Passed 37-13
House 3 rd Reading to Adopt Free Conference Committee Report – Passed 95-4

Future Implications for MCADSV

This legislation does have a fiscal impact on the state and is therefore affected by the budget
which will be discussed in the 2007 Special Session. As of right now, it is included in HB 2 in
the Special Session but at a significantly lower amount than deemed necessary by the fiscal note
so it is safe to anticipate amendments for increased funding. Please refer to the ―2007 Special
Session‖ section at the beginning of this report for more information

This legislation significantly affects how sexual offenses will be charged and how sexual
offenders will move through the criminal justice system. MCADSV testified in support of this
legislation as one of the more reasonable proposals for sex offender management. However , we
did take this opportunity to inform the Legislature of the reality that most sex offenders know
their victims and expressed our dissatisfaction with the nationwide movement to continue to
largely support sex offender policies when the sex offender is a stranger to the victim. In
addition, we also informed the Legislature about how harsher penalties and mandatory
minimums often result in dropped charges or prosecutors filing for a lesser charge in order to get
a conviction since this happens now with even lighter penalties.

MCADSV encourages all members to review this legislation as it has the potential to impact our
state significantly. MCADSV members and allies may want to keep track of sex offender cases
and the impact of this legislation in court so that we may have the tools to possibly improve this
legislation in the future if necessary.




                                                                                                13
MCADSV Opposed Legislation


HB    LC1704 Tom               (S) Died in Standing 04/27/2007 Revise judicial by-pass under
321          McGillvray        Committee *                     parental notification of abortion

This bill requires notification of a parent or legal guardian before an abortion may be performed
on a minor. Having neither, minors will have to receive a waiver from the court in order to
receive the abortion. The language in the waiver requirement would be changed from
―sufficiently mature‖ to ―competent‖ and includes language to allow the court to determine
whether ―an abortion is in the best interests of the petitioner‖.

MCADSV did not support this legislation because it would harm those teens in troubled homes
that need the support of counselors and medical providers, not a judge. We believe that the best
way to protect teen women is through strong caring families and prevention, not through la ws
that mandate family communication. It is not a parental notification bill but a failed attempt to
amend the Parental Notice of Abortion Act to make it constitutional.


HB     LC1573 Jack         (S) Died in Standing         04/27/2007 Citizen self-defense and
340           Wells        Committee *                             firearms rights

This bill set out to change the self-defense and right to bear arms laws in Montana. MCADSV
was concerned about the loosening of restrictions on gun usage as it may affect victims of
domestic violence and chose to testify against this bill at its hearing in the Senate Judiciary
Committee. Particularly troubling was the section that stated a person had ―no duty to summon
help‖ from law enforcement or retreat before acting in self-defense. It also attempted to create a
statute that ―defensive display of a firearm‖ was not a crime as long as it does ―not point directly
at another person‖. It also changed the concealed weapon prohibition to only apply if the
weapon is being used to ―commit a criminal offense‖. MCADSV felt the changes made in this
legislation had the potential to further aggravate the already complicated situations of domestic
and sexual violence, and in no way acts to deter weapon use by a domestic violence or sexual
offender. We know that guns do not cause domestic and sexual violence -- but they do increase
its severity and lethality. MCADSV saw HB 340 as too great a risk to those who are already
living in vulnerable situations. This legislation passed out of the House after heavy amending,
but was tabled in Senate Judiciary and failed a motion in the Senate (19-29) to blast it out of
committee for a floor vote.




                                                                                                 14
VIOLENCE, MENTAL HEALTH AND SUBSTANCE ABUSE CROSS-OVER
Natalie Bolon, Substance Abuse & Mental Health Coordinator
Montana Coalition Against Domestic & Sexual Violence (MCSDSV)

There were several bills and joint resolutions proposed by both sides of the Legislature in the
Regular Session that addressed mental health and substance abuse issues. Although MCADSV
did not necessarily weigh in on these bills, there are several new pieces of legislation that
address mental health and substance abuse issues that have the potential to affec t victims of
domestic and sexual violence. Please read below for more information.

If you have any questions about these pieces of legislation please contact: Natalie Bolon,
MCADSV Substance Abuse & Mental Health Coordinator at nbolon@mcadsv.com or
406.443.7794 x 47.




HB     LC0468 Edith          Chapter Number             04/10/2007 Revise child abuse and neglect
91            Clark          Assigned                              law

HB 91 was requested by the Children, Families, Health and Human Services Interim Committee
and the Department of Public Health & Human Services to revise state child abuse and neglect
laws to comply with federal law allowing audio and video testimony and clarify requirements
concerning notice by certain professionals of drug-affected infants, amending MCA 41-3-115, 41-
3-201, 41-3-205, 41-3-422, 41-3-423, 41-3-432, and 41-3-445, effective July 1, 2007. It has no fiscal
impact. This legislation became law.


HB     LC0682 Edith         (H) Transmitted to        04/30/2007 Montana community health
406           Clark         Governor                             center support

Montana is one of only a dozen states that provide no state funding for community health
centers. HB 406 expands access to health care services by establishing a competitive grant
program for Community Health Centers and Tribal Centers, which offer medical, dental and
mental health services based on ability to pay and also creates a nine-member advisory group.
This bill does have a fiscal impact on the state and is currently awaiting the Governor’s
approval and signature.

Because this legislation has a fiscal impact, it is affected by the budget which will be discussed
in the 2007 Special Session. Please refer to the ―2007 Special Session‖ section at the beginning of
this report for more information.




                                                                                                   15
HB    LC1558 Holly        Chapter Number 04/26/2007 Revise law on testimony of disabled
742          Raser        Assigned                  person in abuse and neglect case

HB 742 provides for the admissibility of hearsay statements to prove the occurrence of, or the
identity of the abuser in cases of physical or sexual abuse of an individual with a developmental
disability in criminal proceedings begun on or after 1 Oct 2007. It has no fiscal impact. T his
legislation became law.


SB    LC0900 Trudi            Chapter Number          03/27/2007 Revise offense of child
85           Schmidt          Assigned                           endangerment

SB 85 revises the crime of endangering the welfare of children by including methamphetamine-
related child endangerment, providing penalties for meth endangerment of up to $10,000 or up
to $25,000 and up to 10 years in jail if a child suffers serious bodily i njury, amending MCA 45-5-
622. It has no fiscal impact. T his legislation became law.


SB     LC1517 Jesse              (S) Transmitted to         05/08/2007 Establish mental health
382           Laslovich          Governor                              courts

SB 382 authorizes the creation of mental health treatment courts for offenders with a mentally
disorder, implementing accountability and treatment guidelines, creating procedural guidelines
for district court judges and amending MCA 3-10-303. This bill does not have a fiscal note. It is
awaiting approval from the Governor and his signature.

Because this legislation has a fiscal impact, it is affected by the budget which will be discussed
in the 2007 Special Session. Please refer to the ―2007 Special Session‖ section at the beginning of
this report for more information.


SB     LC1253 Dan              (S) Signed by          05/08/2007 Implement suicide prevention
478           Weinberg         Governor                          program

SB 478 requires the Department of Public Health & Human Services, in coordination among
Office of Public Instruction, Department of Correction, Department of Military Affairs and the
Montana University System, to implement a comprehensive suicide prevention program,
including a prevention officer, a comprehensive suicide reduction plan, a 24 -hour suicide
prevention hotline, effective July 1, 2007. The plan was developed by the Joint Appropriations
Subcommittee on Health and Human Services based on hearings and testimony and funded in
their recommended budget. It is refined in this legislation, which also calls for concrete targets
for suicide reduction among American Indians, veterans and youth. T he revised fiscal note is
based on the subcommittee DP 33804 showing a general fund cost of $400K each year of the
2009 biennium, $357,500 in FY 2010 & $365,187 in FY 2011. This legislation became law.



                                                                                                 16
Joint Resolutions of the House and Senate

HJ   LC2334 Penny          (H) Filed with           04/16/2007 Urge facilitated access to health
19          Morgan         Secretary of State                  care information for families

HJ 19 is a joint resolution urging medical and mental health care providers to assist persons with
a chronic illness and their families to facilitate methods of access to health care information or to
bring a state la w that prevents access or that may be contrary to HIPAA to the attention of the
legislature, the governor or the attorney general. This legislation became law.


HJ   LC2431 Tim            (H) Filed with           04/12/2007 Study mental health issues in
26          Callahan       Secretary of State                  criminal and juvenile justice
                                                               systems

HJ 26 is a joint resolution that requests an interim committee or staff study be designated or
sufficient staff resources be directed to address mental health care in the criminal and juvenile
justice system. The goal of this effort would be to study and develop an implementation plan for
mental health care for adults and youth in the criminal and juvenile justice systems. This
legislation became law.


SJ LC0917 John                 (S) Filed with          04/24/2007 Study acute care and rural
5         Brueggeman           Secretary of State                 emergency medical services

SJ 5 is a joint resolution urging the study of acute care and rural emergency medical services in
Montana to identify the issues and challenges involved in providing emergency care and to
report on strategies that can strengthen emergency medical services. This legislation became
law.




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