Section 5

Citation: Section 5
Parent Document: Donaldson v. State of Montana, 2012 MT 288 (2012)
Jurisdiction: Montana (state)
Effective Date: 2012-12-17
Original Source: https://www.courtlistener.com/opinion/889962/donaldson-v-state-of-montana/ ↗
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Partner and Family Member Assault,
                                                                                                                                                 Temporary order of protection                                    Enables victims of partner and family member assault to obtain an order of protection.
                                           Sexual Assault, and Stalking --
Title 40   Family Law           Chapter 15 Safety and Protection of Victims     Part 2    Order of Protection                     Section 201
                                                                                                                                                                                                                  Allows a minor to consent to health services if he or she professes to be married. May also give consent for spouse if spouse is unable to give
                                                                                                                                                 Validity of consent of minor for health services
Title 41   Minors               Chapter 1    Rights and Obligations of Minors   Part 4    Consent for Health Services             Section 402                                                                     consent.
                                                                                                                                                                                                                  Requires notice to be given to spouse of parent relinquishing child for adoption if that person was married to the parent at any time from
                                                                                                                                                 Notice of hearing -- service
Title 42   Adoption             Chapter 2    Adoption of Child                  Part 6    Petition to Terminate Parental Rights   Section 605                                                                     conception to birth
                                                                                          Adoption of Adults and Emancipated
                                                                                                                                                 Consent to adoption                                              Spousal consent required for adoption of adult or emancipated minor under certain circumstances
Title 42   Adoption             Chapter 4    Placements for Adoption            Part 4    Minors                                  Section 403
                                                                                          Dispositional Hearing and Adoption
                                                                                                                                                 Notice of hearing                                                Notice must be given to spouse of petitioner if spouse has not joined in the petition
Title 42   Adoption             Chapter 5  Legal Proceedings                    Part 1    Decree                                  Section 103
                                           Miscellaneous Functions of                     Training Coordinator for County                                                                                         Allows a coordinator to act as special counsel if case involves person related to member of governing body by consanguinity within the fourth
                                                                                                                                                 Request for special counsel services
Title 44   Law Enforcement      Chapter 4 Department of Justice                 Part 1    Attorneys                               Section 111                                                                     degree or affinity within the second degree.
                                           Miscellaneous Functions of
                                                                                                                                                 Domestic violence intervention program                           Provides for funding of program to monitor compliance with sentencing requirements for offenders convicted of partner or family member assault
Title 44   Law Enforcement      Chapter 4 Department of Justice                 Part 3    Board of Crime Control                  Section 311
                                           Seizures Related to Controlled
                                                                                                                                                 Disposition of property following hearing                        Prevents personal property from being sold to officer of agency that seized property or anyone related to an officer by blood or marriage
Title 44   Law Enforcement      Chapter 12 Substances                           Part 2    Procedure                               Section 205
                                                                                                                                                                                                                  Provides penalty for partner or family member assault. "Family member" means mothers, fathers, children, brothers, sisters, and other past or
                                                                                                                                                                                                                  present family members of a household; "Partners" means spouses, former spouses, persons who have a child in common, and persons who
Title 45   Crimes               Chapter 5    Offenses Against the Person        Part 2    Assault and Related Offenses            Section 206    Partner or family member assault--penalty                        have been or are currently in a dating or ongoing intimate relationship with a person of the opposite sex.
                                                                                                                                                 Partner or family member assault--no contact order--notice--
Title 45   Crimes               Chapter 5    Offenses Against the Person        Part 2    Assault and Related Offenses            Section 209    violation of order--penalty                                      Provides penalty for violation of no contact order in partner or family member assault cases.
Title 45   Crimes               Chapter 5    Offenses Against the Person        Part 2    Assault and Related Offenses            Section 213    Assault with weapon                                              A person convicted of assault with a weapon is also financially liable for a counseling assessment if victim is a partner or family member.
Title 45   Crimes               Chapter 5    Offenses Against the Person        Part 2    Assault and Related Offenses            Section 231    Definitions                                                      Defines "Assault on a partner or family member" in same way as Section 206
                                                                                                                                                                                                                  Excludes from "without consent" definition certain types of marriages (i.e. patient and employee of community care service" and prisoner and
Title 45   Crimes               Chapter 5    Offenses Against the Person        Part 5    Sexual Crimes                           Section 501    Definitions                                                      employee of prison)
                                                                                                                                                                                                                  Excludes from instances when consent is ineffective certain types of marriages (i.e. patient and employee of community care service" and prisoner
Title 45   Crimes               Chapter 5    Offenses Against the Person        Part 5    Sexual Crimes                           Section 502    Sexual assault                                                   and employee of prison)
                                                                                                                                                                                                                  Defines aggravated promotion of prostitution. Person promotes the prostitution of one's spouse, child, ward, or any person for whose care,
Title 45   Crimes               Chapter 5    Offenses Against the Person        Part 6    Offenses Against the Family             Section 603    Aggravated promotion of prostitution                             protection, or support the person is responsible.
Title 45   Crimes               Chapter 5    Offenses Against the Person        Part 6    Offenses Against the Family             Section 604    Evidence in cases of promotion                                   Testimony of a person against their spouse in cases of prostitution is admissible.
                                                                                                                                                                                                                   A person commits the offense of nonsupport if the person fails to provide support that the person can provide and that the person knows the
                                                                                                                                                 Nonsupport
Title 45   Crimes               Chapter 5    Offenses Against the Person        Part 6    Offenses Against the Family             Section 621                                                                     person is legally obliged to provide to a spouse, child, or other dependent.
                                                                                                                                                                                                                  Excludes misappropriation of household and personal effects or other property normally assessable to both spouses unless parties have ceased
                                                                                                                                                 Offender's interest in the property
Title 45   Crimes               Chapter 6    Offenses Against Property          Part 3    Theft and Related Offenses              Section 303                                                                     living together.
Title 45   Crimes               Chapter 6    Offenses Against Property          Part 3    Theft and Related Offenses              Section 329    Disposition of property and proceeds of sale                     Prevents personal property from being sold to officer of agency that seized property or anyone related to an officer by blood or marriage
                                             Offenses Against Public                                                                             Threats and other improper influence in official and political
                                                                                                                                                                                                                  Includes threats and injury to person's spouse
Title 45   Crimes               Chapter 7    Administration                     Part 1    Bribery and Corrupt Influence           Section 102    matters
Title 46   Criminal Procedure   Chapter 1    General Provisions                 Part 5    Mediation of Criminal Proceedings       Section 502    Mediation                                                        Excludes from mediation any proceeding involving partner or family member assault charges
Title 46   Criminal Procedure   Chapter 6    Arrest                             Part 1    General Provisions                      Section 105    Time of making arrest                                            Includes exception to rule prohibiting arrest at home at night for arrests related to partner or family member assault charges
                                                                                          Warrantless Arrest and Notice to                       Basis for arrest without warrant--arrest of predominant          Summoning of peace officer to a residence by a partner or family member constitutes exigent circumstances for making arrest. Arrest is preferred
Title 46   Criminal Procedure   Chapter 6    Arrest                             Part 3    Appear                                  Section 311    aggressor--no contact order                                      response for these cases when weapon, threat, violation of restraining order or other imminent danger involved.
                                                                                                                                                 Notice of rights to victim in partner or family member assault   Requires peace officers to advise victim of resources and legal rights and remedies when person is arrested for partner or family member assault.
Title 46   Criminal Procedure   Chapter 6    Arrest                             Part 6    Domestic Violence Provisions            Section 602
Title 46   Criminal Procedure   Chapter 6    Arrest                             Part 6    Domestic Violence Provisions            Section 603    Partner or family member assault--seizure of weapon              Requires peace officer to seize weapon used or threatened in partner or family member assault
                                                                                          Extent of Right--Indigency                             Payment by defendant for assigned counsel--costs to be filed
                                                                                                                                                                                                                  Impact of cost on defendant's immediate family is considered
Title 46   Criminal Procedure   Chapter 8 Right to Counsel                      Part 1    Repayment of Costs                      Section 113    with court
Title 46   Criminal Procedure   Chapter 9 Bail                                  Part 3    The Amount of Bail                      Section 302    Bail schedule--acceptance by peace officer                       Requires a person arrested for partner or family member assault appear before a judge before being granted bail
Title 46   Criminal Procedure   Chapter 16 Trial                                Part 1    General Provisions                      Section 115    Challenges for cause                                             Includes being a member of the family of the defendant as a reason for challenge for cause.
                                                                                                                                                                                                                  Neither spouse may testify to the communications or conversations between spouses that occur during their marriage, unless the defendant-
                                                                                                                                                 Competency of spouses
                                                                                                                                                                                                                  spouse consents, is charged with criminal violence against the spouse, or abuse, abandonment or neglect against the spouse or children.
Title 46   Criminal Procedure   Chapter 16   Trial                              Part 2    Rules of Evidence for Criminal Cases    Section 212
Title 46   Criminal Procedure   Chapter 18   Sentence and Judgment              Part 1    Policy and Preliminary Procedure        Section 112    Content of presentence investigation report                      Harm caused to victim's immediate family included in investigation report
Title 46   Criminal Procedure   Chapter 18   Sentence and Judgment              Part 2    Form of Sentence                        Section 207    Sexual offender treatment                                        Prohibits sex offender who is released early from contacting, among others, the victim's immediate family
Title 46   Criminal Procedure   Chapter 18   Sentence and Judgment              Part 2    Form of Sentence                        Section 232    Payment of costs by defendant                                    Impact of cost on defendant's immediate family is considered
Title 46   Criminal Procedure   Chapter 18   Sentence and Judgment              Part 2    Form of Sentence                        Section 243    Definitions                                                      Definition of "Victim" includes immediate family of a homicide victim
Title 46   Criminal Procedure   Chapter 18   Sentence and Judgment              Part 3    Death Penalty                           Section 302    Evidence that may be received                                    Includes harm caused to victim's immediate family
                                                                                                                                                 Definitions                                                      Definition of "Home" excludes residences of non-immediate family members if more than one residence exists on a single piece of property
Title 46   Criminal Procedure   Chapter 18 Sentence and Judgment                Part 10   Home Arrest                             Section 1001
Title 46   Criminal Procedure   Chapter 23 Probation, Parole, and Clemency      Part 2    Granting of Parole                      Section 210    Medical parole                                                   Allows prisoner's spouse to request medical parole
                                                                                          Supervision of Probationers and
                                                                                                                                                 Misdemeanor probation offices--officers--costs                   Offender convicted of partner or family member assault must pay for own misdemeanor probation supervision
Title 46   Criminal Procedure   Chapter 23 Probation, Parole, and Clemency      Part 10   Parolees                                Section 1005
 Title     Title Desc.                        Chapter      Chapter Desc.                                Part       Part Desc.                                    Section         Section Desc.                                                   Description
                                                                                                                   Supervision of Probationers and
                                                                                                                                                                                 Parole services                                                 Dept. of Parole may provide family counseling and other services.
Title 46   Criminal Procedure                 Chapter 23 Probation, Parole, and Clemency               Part 10     Parolees                                    Section 1022
                                                                                                                                                                                 Consultation with victim of certain offenses                    Requires consultation with victim's family in case of minor child or homicide victim (Family not defined)
Title 46   Criminal Procedure                 Chapter 24 Treatment of Victims and Witnesses            Part 1      General Provisions                          Section 104
                                                                                                                                                                                 Crime victims--family members--right to attend proceedings--
                                                                                                                                                                                                                                                 Provides for right of victim's family members to attend hearings with limited exceptions
                                                                                                                                                                                 exceptions--right to receive documents--rights during interview
Title 46   Criminal Procedure                 Chapter 24 Treatment of Victims and Witnesses            Part 1      General Provisions                          Section 106
                                                                                                                                                                                                                                                 Prevents discharge or discipline by employer of victim or member of victim's family for participation at prosecutor's request in preparation for or
                                                                                                                                                                                 Notification to employer or creditor--limitations on employer
Title 46   Criminal Procedure                 Chapter 24 Treatment of Victims and Witnesses            Part 2      Services to Victim, Witness                 Section 205                                                                       attendance at a criminal justice hearing. Members of family means victim's spouse, child, stepdhild, parent, stepparent, or sibling
                                                                                                                                                                                                                                                 Provides for the right to use necessary force to protect from wrongful injury the person or property of one's self, of a wife, husband, child, parent,
                                                                                                                                                                                 Right to use force
Title 49   Human Rights                       Chapter 1    Basic Rights                                Part 1      Basic Personal Rights                       Section 103                                                                       or other relative or member of one's family, or of a ward, servant, master, or guest.
                                                                                                                                                                                                                                                 Includes in conflict of interest definition a situation in which a person has a financial interest either individually or through an immediate family
                                                                                                                                                                                 Economic credentialing of physicians prohibited--definitions
Title 50   Health and Safety                  Chapter 5    Hospitals and Related Facilities            Part 1      General Provisions                          Section 117                                                                       member (as defined by the tax code - which is based on consanguine or affinity relation)
                                                                                                                                                                                                                                                 End of life decisions
                                                                                                                                                                                                                                                 When individual is no longer able to make decisions and has no effective declaration, spouse given top priority to make decisions regarding life-
                                                                                                                                                                                 Consent by others to withholding or withdrawal of treatment
                                                                                                                                                                                                                                                 sustaining treatment. Persons granted lower priority are: adult child, parent, sibling, next closest adult relative by blood or adoption, or a full
Title 50   Health and Safety                  Chapter 9    Rights of the Terminally Ill Act            Part 1      General                                     Section 106                                                                       guardian)
                                                                                                                                                                                                                                                  Except as provided in subsections (6) and (7), the department and county clerk and recorders shall, upon receipt of an application, issue a
                                                                                                                                                                                 Copies from system of vital statistics                          certified copy or copies of a vital record or a part of a vital record to the registrant, the registrant's spouse, children, parents, or guardian, or an
Title 50   Health and Safety                  Chapter 15 Vital Statistics                              Part 1      General Provisions                         Section 121(1)                                                                     authorized representative.
                                                                                                                   Uniform Health Care Information,
                                                                                                                   Health Care Information Privacy                               Representative of deceased patient/                             Health Care Information - A personal representative of a deceased patient may exercise all of the deceased patient's rights under this part. If there
                                                                                                                   Requirements for Providers Subject                            Representative of deceased patient's estate                     is no personal representative or upon discharge of the personal representative, rights may be exercised by the surviving spouse.
Title 50   Health and Safety                  Chapter 16 Health Care Information                      Parts 5, 8   to HIPAA                                  Sections 522, 804
                                                                                                                                                                                 Disclosure without patient's authorization based on need to     Allows disclosure of patient's health care information to immediate family or other individual with whom the patient is known to have a close
Title 50   Health and Safety                  Chapter 16 Health Care Information                       Part 5      Uniform Health Care Information             Section 529       know                                                            personal relationship.
                                                         Pregnant Women and Newborn                                Serological Test for Women Seeking
                                                                                                                                                                                 Required and permissible exhibit of test results                Allows, upon request by the patient, the report of the results of the test to be exhibited to spouse of patient.
Title 50   Health and Safety                  Chapter 19 Infants                                       Part 1      Prenatal Care                               Section 107
                                                                                                                                                                                                                                                 When premature infant is born alive and is viable, it becomes ward of state unless mother and/or mother's spouse has signed an agreement in
Title 50   Health and Safety                  Chapter 20   Abortion                                    Part 1      Montana Abortion Control Act                Section 108       Protection of premature infants born alive                      which they accept the parental rights if infant survives abortion procedure.
Title 50   Health and Safety                  Chapter 20   Abortion                                    Part 2      Parental Notice of Abortion Act             Section 203       Definition                                                      Defines "Emancipated minor" as a minor who has been married or granted emancipation by a court.
Title 50   Health and Safety                  Chapter 21   Cadavers and Autopsies                      Part 1      General Provisions                          Section 103       Limitations on right to perform autopsy or dissection           Requires surviving spouse to authorize autopsy when one is not required by law or authorized in writing by the decedent.
Title 52   Family Services                    Chapter 2    Children's Services                         Part 7      Child Care                                  Section 703       Definitions                                                     Excludes from definition of "Day-care facility" a person who limits care to children who are related to the person by blood or marriage.
                                                                                                                                                                                                                                                 Provides for a state-funded grant program that allocates money to local battered spouses and domestic violence programs. (refers to same family
Title 52   Family Services                    Chapter 6    Battered Spouses                            Part 1      Battered Spouses Grant Programs                  All          N/A                                                             member and partner assault as found in other sections of MT code that exclude same-sex couples.)
                                                                                                                   Per Diem Payments for Institutional
Title 53   Social Services and Institutions   Chapter 1    General Administration of Institutions      Part 4      Care                                        Section 401       Definitions                                                     Defines "financially responsible person" to include spouse of a resident
                                                                                                                   Per Diem Payments for Institutional
Title 53   Social Services and Institutions   Chapter 1    General Administration of Institutions      Part 4      Care                                        Section 405       Monthly payment amount                                          Determines certain reductions in monthly payments based on holdings of resident's spouse
                                                                                                                   Per Diem Payments for Institutional                                                                                           Ensures that collections are enforced only to extent that it does not deprive a surviving spouse of necessary expenses and real estate (if occupied
Title 53   Social Services and Institutions   Chapter 1    General Administration of Institutions      Part 4      Care                                        Section 412       Collections from estates                                        by surviving spouse)
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