PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Ensure Thorough Investigation into Allegations of Sexual Assault
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §3822  is enacted to read:
§ 3822. Forensic examination kits; process time frame; report
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Forensic examination kit" or "kit" means a kit designed to be used by a health care provider for the purpose of collecting forensic evidence with regard to an alleged sexual assault.
 
B.  "Health care provider" means:
 
(1) A hospital licensed under Title 22, chapter 405; or
 
(2) A health care practitioner who is licensed by this State to provide or is otherwise lawfully providing health care or a partnership or corporation made up of such health care practitioners.
 
C.  "Law enforcement agency" means the State Police, a county law enforcement agency or a municipal law enforcement agency.
 
D.  "Sexual assault" means a gross sexual assault as described in Title 17-A, section 253, sexual abuse of minors as described in Title 17-A, section 254 or unlawful sexual contact as described in Title 17-A, section 255-A.
 
2.  Process forensic examination kits within 180 days.     The State Police shall process a forensic examination kit within 180 days of receipt of a kit or within 180 days of receipt of consent to analysis of that kit by the alleged victim of the sexual assault, whichever occurs later.
 
3.  Report.     The State Police shall conduct annual audits of forensic examination kits and shall report to the general public and to the Legislature by July 1, 2018 and annually thereafter regarding the status of analyses of kits in the possession of the State Police. The report must include, for the preceding 12-month time period, the number of test kits on which analyses have been completed and the number of test kits on which analyses have not been completed.
Sec. 2. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 25, chapter 407, in the chapter headnote, the words "transportation and storage of forensic examination kits for alleged victims of gross sexual assault" are amended to read "transportation, storage and analysis of forensic examination kits for alleged victims of gross sexual assault" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
 
SUMMARY
This bill requires the State Police to process a forensic examination kit within 180 days of receipt of a kit that has been used to obtain forensic evidence from an alleged victim of sexual assault or within 180 days of receipt of consent to analysis of that kit by the alleged victim of the sexual assault, whichever occurs later. The bill requires the State Police to conduct annual audits of forensic examination kits and to report to the general public and to the Legislature by July 1, 2018, and annually thereafter, regarding the status of analyses of forensic examination kits in the possession of the State Police.