An Act Regarding Sexual Assault Forensic Examinations
Maine Legislature, Session 122, LD 1873
Committee Amendment CA_A_H846 (House)
Amends: 24 MRSA §2986, 25 MRSA §3821

COMMITTEE AMENDMENT ·A" to H.P. 1313, L.D. 1873, 
Act Regarding Sexual Assault Forensic Examinations" 
Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 24 MRSA § 2986, sub-§3, as enac ted by PL 1999, c. 719, 
§2 and affected by §ll, is 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 days. 
The completed kit may be identified only by the 
tracking number. 
If during that 90-day 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 law enforcement agency shall transport the forensic 
eXamination 
kit 
directly 
to 
the 
Maine 
State 
Police 
Crime 
Laboratory. 
Page l-LR2940(2) 
COMMITTEE AMENDMENT 
tt-e.,. 
~. 
COMMITTEE AMENDMENT ,A" to H.P. 1313, L.D. 1873 
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. 24 MRSA §2986, sub-§§5 and 6 are enacted to read: 
5. Implied consent. 
If an alleged victim of gross sex'ual 
assault is unconscious and a 
reasonable person would conclude 
that 
exigent 
circumstances 
justify 
conducting 
a 
forensic 
examination, 
a 
licensed 
hospital 
or 
licensed 
health 
care 
practitioner may perform an examination in accordance with the 
provisions of this section. 
A forensic examination kit completed in accordance with this 
subsection must be treated in accordance with Title 25, section 
3821 
and 
must 
preserve 
the 
alleged victim's 
anonymity. 
In 
addition, the law enforcement agency shall immediately report to 
the district attorney for the district in which the hospital or 
health 
care 
practitioner 
is 
located 
that 
such 
a 
forensic 
examination has been performed and a forensic examination kit has 
been completed under this subsection. 
6. Liability. A licensed hospital or licensed health care 
practitioner in the exercise of due care is not liable for an act 
done 
or 
omitted 
in 
performing 
a 
sexual 
assault 
forensic 
examination under this section. 
Sec. 3. 25 MRSA §3821, as enacted by PL 1999, c. 719, §4 and 
affected by §11, is amended by adding at the end a new paragraph 
to read: 
In the case of a forensic examination performed under Title 
24, section 2986, subsection 5, the law enforcement agency must 
immediately notify the district attorney for the district in 
which the hospital or health care practitionep. is located that:; 
such a forensic examination has been performed and a forensic 
COMMITTEE AMENDMENT 
f 
It-~. 
~. 
COMMITTEE. AMENDMENT "A" to H.P. 1313, L.D. 1873 
examination kit has been completed under Title 24, section 2986, 
subsection 5.' 
SUMMARY 
This amendment replaces the bill. 
This 
amendment 
authorizes 
a 
forensic 
examination 
on 
an 
unconscious alleged gross sexual assault victim if a reasonable 
person would conclude that exigent circumstances justify the 
exam. 
The forensic examination kit must be identified without 
specifying the alleged victim's name and stored as required under 
current law. 
The law enforcement agency involved must notify the 
appropriate district attorney that the 
examination 
has 
been 
conducted and a kit has been completed. 
If the alleged victim does not regain consciousness within 
days and therefore cannot decide whether to report the alleged 
offense, the State may file a motion in District Court relating 
to storing or processing the examination kit. 
The District Court 
may order continued storage of the kit or may order it to be sent 
to the Maine State Police Crime Laboratory for processing or may 
order such other disposition that the court determines is just. 
The court may conduct hearings confidentially and in camera and 
impound pleadings and other records related to them. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02115106 ~ae 
LD 1873 
LR2940(02) 
An Act Regarding Sexual Assault Forensic Examinations 
Fiscal Note for BiII as Amended by Committee Amendment ,A" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. 
The collection of additional filing fees may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of the Attorney General resulting from this legislation will be absorbed 
utilizing existing budgeted resources. 
LR2940(2) - Fiscal Note - Page 1 of 1