Montana Code 46-24-205. Notification to employer or creditor — limitations on employer
46-24-205. Notification to employer or creditor — limitations on employer. (1) The law enforcement agency or prosecuting attorney in a criminal case shall assist a victim or witness who requests assistance in informing an employer that the need for victim and witness cooperation in the prosecution of the case may necessitate absence of the victim or witness from the place of employment.
Terms Used In Montana Code 46-24-205
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Same transaction: means conduct consisting of a series of acts or omissions that are motivated by:
(a)a purpose to accomplish a criminal objective and that are necessary or incidental to the accomplishment of that objective; or
(b)a common purpose or plan that results in the repeated commission of the same offense or effect upon the same person or the property of the same person. See Montana Code 46-1-202
- Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202
(2)A law enforcement agency or prosecuting attorney shall assist a victim or witness who, as a direct result of a crime or because of cooperation with the law enforcement agency or prosecuting attorney, is subjected to serious financial strain. The agency or prosecuting attorney shall assist the victim or witness by explaining to creditors the reason for the serious financial strain.
(3)An employer may not discharge or discipline a victim or a member of the victim’s family for participation at the prosecuting attorney’s request in preparation for or attendance at a criminal justice proceeding.
(4)As used in this section, “member of the victim’s family” means the victim’s spouse, child by birth or adoption, stepchild, parent, stepparent, or sibling, but does not include a person who is accountable for the crime or accountable for a crime arising from the same transaction.