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An Act To Support Justice for Victims of Sexual Assault by Increasing the Time Sexual Assault Forensic Examination Kits Must Be Stored
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 24 MRSA §2986, sub-§3, as amended by PL 2011, c. 59, §1, is further amended to read:
 
3. Completed kit.   If the alleged victim has not reported the alleged offense to a law enforcement agency when the examination is complete, the hospital or health care practitioner shall then notify the nearest law enforcement agency, which shall transport and store the completed forensic examination kit for at least 90 daysa period of time equal to the period of limitations under Title 17-A, section 8 for the underlying crime under Title 17-A, chapter 11. The completed kit may be identified only by the tracking number. If during that 90-daystorage period an alleged victim decides to report the alleged offense to a law enforcement agency, the alleged victim may contact the hospital or health care practitioner to determine the tracking number. The hospital or health care practitioner shall provide the alleged victim with the tracking number on the forensic examination kit and shall inform the alleged victim which law enforcement agency is storing the kit.
 
If the alleged victim reports the alleged offense to a law enforcement agency by the time the examination is complete, the investigating agency shall retain custody of the forensic examination kit. Except for when the forensic examination kit is being processed or analyzed by a 3rd party or unless preservation is required by Title 15, section 2138, subsection 14, the investigating agency shall store the forensic examination kit for a period of time equal to the period of limitations under Title 17-A, section 8 for the underlying crime under Title 17-A, chapter 11 or until the underlying crime is prosecuted and a conviction is obtained, whichever comes first.
 
If an examination is performed under subsection 5 and the alleged victim does not, within 60 days, regain a state of consciousness adequate to decide whether or not to report the alleged offense, the State may file a motion in the District Court relating to storing or processing the forensic examination kit. Upon finding good cause and after considering factors, including, but not limited to, the possible benefits to public safety in processing the kit and the likelihood of the alleged victim's regaining a state of consciousness adequate to decide whether or not to report the alleged offense in a reasonable time, the District Court may order either that the kit be stored for additional time or that the kit be transported to the Maine State Police Crime Laboratory for processing, or such other disposition that the court determines just. In the interests of justice or upon motion by the State, the District Court may conduct hearings required under this paragraph confidentially and in camera and may impound pleadings and other records related to them.
Sec. 2. 25 MRSA §3821, 2nd ¶, as amended by PL 2017, c. 156, §4, is further amended to read:
If an alleged victim of sexual assault has a forensic examination and has not reported the alleged offense to a law enforcement agency when the examination is complete, the licensed hospital or licensed health care practitioner that completed the forensic examination shall notify the nearest law enforcement agency. That law enforcement agency shall transport the completed forensic examination kit, identified only by a tracking number assigned by the kit manufacturer, to its evidence storage facility. The law enforcement agency shall store the forensic examination kit for at least 90 days from the time of receipta period of time equal to the period of limitations under Title 17-A, section 8 for the underlying crime under Title 17-A, chapter 11. If during that 90-daystorage period the alleged victim reports the offense to a law enforcement agency, the investigating agency shall take possession of the forensic examination kit. Except for when the forensic examination kit is being processed or analyzed by a 3rd party or unless preservation is required by Title 15, section 2138, subsection 14, the investigating agency shall store the forensic examination kit for a period of time equal to the period of limitations under Title 17-A, section 8 for the underlying crime under Title 17-A, chapter 11 or until the underlying crime is prosecuted and a conviction is obtained, whichever comes first.
 
SUMMARY
This bill changes the period that a law enforcement agency must store a sexual assault forensic examination kit when the victim has not come forward from 90 days from receipt of the kit to the period of time equal to the limitations period for the underlying crime. This bill also requires investigating agencies in possession of a sexual assault forensic examination kit when the victim has come forward to store the kit for the period of time equal to the limitations period for the underlying crime or until the underlying crime has been prosecuted and a conviction has been obtained, whichever comes first.