Montana Code 40-15-117. Substitute address for participant — application — duties of department — penalty
40-15-117. Substitute address for participant — application — duties of department — penalty. (1) A victim who is a resident of this state may apply to the department to have a substitute address designated by the department to serve as the official address of the applicant.
Terms Used In Montana Code 40-15-117
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(2)An application for the issuance of a substitute address must include:
(a)proof that the victim is a resident of this state and specific evidence showing that, before the applicant files the application, the applicant has been a victim;
(b)the address that is requested to be kept confidential;
(c)a telephone number at which the department may contact the applicant;
(d)a question asking whether the applicant wishes to register to vote or, if registered, to change the applicant’s address for voter registration;
(e)a designation of the department as agent for the applicant for the purposes of service of process and receipt of mail;
(f)the signature of the applicant;
(g)the date on which the applicant signed the application; and
(h)any other information required by the department.
(3)The department shall approve or disapprove an application within 5 business days after the application is filed.
(4)(a) The department:
(i)shall approve an application that is accompanied by specific evidence that the applicant has been a victim within 4 years prior to filing the application; and
(ii)may approve an application if the applicant does not provide specific evidence or the crime against the applicant was committed more than 4 years prior to the applicant filing the application.
(b)Specific evidence that would meet the requirements of this subsection (4) includes but is not limited to a copy of an applicable record of conviction, a temporary restraining order, a protective order granted by a court of competent jurisdiction, or a sworn statement of the victim.
(5)If a participant indicates in response to the question asked in subsection (2)(d) that the participant wishes to register to vote or to change the participant’s address used for voter registration:
(a)the department shall furnish the participant with a form developed by the department to register the participant or change the participant’s address for voter registration; and
(b)the participant shall complete and sign the form and return it to the department.
(6)A person who knowingly attests falsely or provides incorrect information in the application is guilty of false swearing under 45-7-202.