Montana Code 40-6-417. Surrender to emergency services provider as bar to criminal prosecution
40-6-417. Surrender to emergency services provider as bar to criminal prosecution. (1) A criminal investigation may not be initiated solely on the basis of a newborn being surrendered to an emergency services provider under this part in the absence of reasonable suspicion of actual abuse or neglect.
Terms Used In Montana Code 40-6-417
- Emergency services provider: means :
(a)a uniformed or otherwise identifiable employee of a fire department, hospital, or law enforcement agency when the individual is on duty inside the premises of the fire department, hospital, or law enforcement agency or is on duty responding to an emergency call; or
(b)any law enforcement officer, as defined in 7-32-201, who is in uniform or is otherwise identifiable. See Montana Code 40-6-402
- Newborn: means an infant who a physician reasonably believes to be no more than 30 days old. See Montana Code 40-6-402
(2)Except when there is intentional infliction of injury to the abandoned infant, a criminal prosecution may not be initiated involving the abandonment of an infant that was not more than 30 days old and was surrendered to an emergency services provider under 40-6-405.