House looks at bill to expand sexual assault exam training

by Elinor Smith

University of Montana Legislative News Service

HELENA— The House Judiciary committee heard testimony Wednesday on a bill that supporters say would address substantial problems with how Montana responds to sexual assault cases by expanding sexual assault nurse examiner, or SANE, training and services to rural communities.

Rep. Amy Regier, R-Kalispell, is sponsoring House Bill 79. She says the bill will provide the Department of Justice the ability to address sexual assault at a statewide level to provide trauma-informed medical care that is not only crucial to the health and safety of the victim but to the investigation of the crime.

“Serious gaps have been identified in Montana’s systemic response to sexual assault, for which there is no ongoing state funded resources. The goal of House Bill 79 is to improve access to quality, standardized post-sexual assault care, trained responders and statewide coordination,” Regier said. “Medical care, and forensic medical evidence exams are often in the first step in a sexual assault investigation. Both are critically important for the recovery of the survivor of the assault and the future of prosecution.”

According to data compiled through the Montana Board of Crime Control, in 2021 576 cases of rape were reported in Montana, a 10% increase in five years.

Fifteen proponents spoke in favor of the bill, including medical professionals, law enforcement representatives and Montanans who have been affected by sexual assault.

Dana Toole is the chief of the special services bureau of the Department of Justice.

“From a criminal justice perspective, increasing our access to SANE exams and also survivor-centered — a trauma-informed – response to victims is critically important to prosecuting the offenders of sexual assault,” Toole said.

Other proponents of the bill urged the importance of expanding SANE access across Montana through both telehealth services and in-person training. Supporters said these services are especially important in rural Montana, where some victims have to drive hours without using the restroom, showering or changing clothes after an assault to avoid destroying evidence that could potentially help find and prosecute their assaulter.

HB 79 would not only expand SANE training, but establish a multi-jurisdictional team within the Department of Justicte to regulate the initiative and coordinate the investigation and care of sexual assault cases and victims. The team would be composed of both law enforcement and medical health professionals, which supporters say will create more efficient investigations while simultaneously prioritizing the health, safety and comfort of survivors.

Alan Doane from the Attorney General’s office says that the improved collection of evidence could save the Department of Justice money on court costs.

“If you get strong forensics, you get a strong prosecution, you get a lot of plea bargains. We believe that the savings … because you have good, solid forensics will more than pay for the costs in the fiscal note,” Doane said.

The bill would cost the state’s general fund about $140,000 a year for the next four years, according to the fiscal note on the bill.

No one testified against the bill Wednesday. The committee did not take immediate action on the bill.

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Elinor Smith is a reporter with the UM Legislative News Service, a partnership of the University of Montana School of Journalism, the Montana Broadcasters Association, the Montana Newspaper Association and the Greater Montana Foundation.