An Act To Rename and Specifically Identify Sex Crimes
Maine Legislature, Session 123, LD 1384
Committee: Criminal Justice and Public Safety
Sponsors: VAUGHAN
Amends: 15 MRSA §3101, 15 MRSA §3308, 15 MRSA §3309-A, 17-A MRSA §8, 17-A MRSA §202, 17-A MRSA §253, 17-A MRSA §254, 17-A MRSA §1252, 19-A MRSA §1653, 19-A MRSA §1658, 22 MRSA §4055, 24 MRSA §2986, 25 MRSA §1574, 25 MRSA §2915, 25 MRSA §3821, 30-A MRSA §287, 34-A MRSA §11221

Legislative Document 
No. 1384 
H.P.976 
House of Representatives, March 13,2007 
An Act To Rename and Specifically Identify Sex Crimes 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative VAUGHAN of Durham. 
PnOieu nn recycled paper 
17/~ 
/J7. 7J7t2£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRS A §3360-M, as enacted by PL 1999, c. 719, § 1 and affected by § 11, 
is amended to read: 
§3360-M. Payment for forensic examinations for alleged victims of rape 
1. Payment. The board shall pay the costs of forensic examinations for alleged 
victims of gross seKual assault rape from the Victims' Compensation Fund. The board 
shall track expenditures for forensic examinations separately from all other expenditures. 
Forensic examination payments are not subject to any other provision of this chapter. 
2. 
Forensic examination. 
The board shall detennine by rule what a forensic 
examination may include for purposes of payment. An examination must include at least 
all services directly related to the gathering of forensic evidence and related testing and 
treatment for pregnancy and sexually transmitted diseases. The board shall pay a licensed 
hospital or licensed health care practitioner the actual cost of the forensic examination up 
to a maximum of $500. 
3. Process for payment. A licensed hospital or licensed health care practitioner that 
perfonns forensic examinations for alleged victims of gross se](l:lal assal:llt rape shall 
submit a bill to the Victims' Compensation Board directly for payment of the forensic 
examinations. 
The hospital or health care practitioner that performs a forensic 
examination shall take steps necessary to ensure the confidential ity of the alleged victim's 
identity. The bill submitted by the hospital or health care practitioner may not identify 
the alleged victim by name but must be assigned a tracking number that corresponds to 
the forensic examination kit. The tracking number may not be the alleged victim's social 
security number. The hospital or health care practitioner that performs the examination 
may not bill the alleged victim or the alleged victim's insurer, nonprofit hospital or 
medical service organization or health maintenance organization for payment of the 
examination. The alleged victim is not required to report the alleged offense to a law 
enforcement agency. 
4. 
Other reimbursement. 
The fact that forensic examinations are paid for 
separately through the Victims' Compensation Fund does not preclude alleged victims of 
gross se](ual assal:lit rape from seeking reimbursement for expenses other than those for 
the forensic examination. 
A victim seeking reimbursement from the Victims' 
Compensation Fund for expenses other than the forensic examination is subject to all 
other provisions of this chapter. 
5. 
Rules. Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter II-A 2-A. 
Sec. 2. 15 MRSA §3101, sub-§4, ~C-2, as enacted by PL 1997, c. 645, §2, is 
amended to read: 
C-2. 
With respect to the finding of appropriateness required by paragraph E, 
subparagraph (2), the State has the burden of proof, except that in a case involving a 
juvenile who is charged with one or more juvenile crimes that, if the juvenile were an 
Page I - 123LR2049(OI)-1 
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adult, would constitute murder, attempted murder, felony murder, Class A 
manslaughter other than the reckless or criminally negligent operation of a motor 
vehicle, elevated aggravated assault, arson that recklessly endangers any perscn, 
causing a catastrophe, Class A robbery or Class A gross sexual assault rape in which 
the victim submits as a result of compulsion, the juvenile has the burden of proof. 
Sec. 3. 15 MRSA §3308, sub-§7, ~, as amended by PL 1997, c. 752, § 15 and 
as amended by PL 2003, c. 689, Pt. B, §6, is further amended to read: 
D. 
When a juvenile who is adjudicated of a juvenile crime that if committed by an 
adult would be gross sexual assault rape under Title 17-A, section 253, subsection I 
is committed to a Department of Corrections juvenile correctional facility or placed 
on probation, the Department of Corrections shall provide, while the juvenile is 
committed or on probation, a copy of the juvenile'S judgment and commitment to the 
Department of Health and Human Services, to all law enforcement agencies that have 
jurisdiction in those areas where the juvenile may reside, work or attend school and to 
the superintendent of any school system in which the juvenile attends school during 
the period of commitment or probation. The Department of Corrections shall provide 
a copy of the juvenile'S judgment and commitment to all licensed and registered day-
care facility operators located in the municipality where the juvenile resides, works or 
attends school during the period of commitment or probation. Upon request, the 
Department of Corrections shall also provide a copy of the juvenile'S judgment and 
commitment to other entities that are involved in the care of children and are located 
in the municipality where the juvenile resides, works or attends school during the 
period of commitment or probation. The Department of Corrections may provide a 
copy of the juvenile'S judgment and commitment to any other agency or person whom 
the Department of Corrections determines is appropriate to ensure public safety. 
Neither the failure of the Department of Corrections to perform the requirements of 
this paragraph nor compliance with this paragraph subjects the Department of 
Corrections or its employees to liability in a civil action. 
Sec. 4. 15 MRSA §3309-A, sub-§4, as amended by PL 1999, c. 65, §1, is further 
amended to read: 
4. Juvenile adjudicated of rape. After adjudication and before disposition when a 
juvenile is adjudicated of a juvenile crime that if committed by an adult would be gress 
sexual assault rape under Title 17-A, section 253, subsection 1, the court shall order the 
juvenile to undergo a diagnostic evaluation and may order the evaluation to take place at 
a detention facility described in section 3203-A, subsection 7, paragraph B. 
Sec. 5. 17-A MRSA §8, sub-§I, as amended by PL 1999, c. 438, § 1, is further 
amended to read: 
1. 
It is a defense that prosecution was commenced after the expiration of the 
applicable period of limitations provided in this section; provided except that a 
prosecution for murder or criminal homicide in the first or 2nd degree, or, if the victim 
had not attained the age of 16 years at the time of the crime, a prosecution for: incest; 
unlawful sexual contact; sexual aBuse of a minor child molestation; or rape er, formerly 
denominated as gross sexual assault, formerly denominated and as gross sexual 
misconduct, may be commenced at any time. 
Sec. 6. 17-A MRS A §8, sub-§2, as amended by PL 1999, c. 438, §2, is further 
amended to read: 
2. 
Prosecutions for crimes other than murder or criminal homicide in the first or 
2nd degree, or, if the victim had not attained the age of 16 years at the time of the crime, 
prosecutions for: incest; unlawful sexual contact; sexual abuse of a minor child 
molestation; or rape ef, formerly denominated as gross sexual assault, formerly 
denominated and as gross sexual misconduct, are subject to the following periods of 
limitations: 
A. 
A prosecution for a Class A, Class B or Class C crime must be commenced 
within 6 years after it is committed; and 
B. 
A prosecution for a Class D or Class E crime must be commenced within 3 years 
after it is committed. 
Sec. 7. 17-A MRSA §202, sub-§l, as amended by PL 1991, c. 377, §8, is further 
amended to read: 
1. 
A person is guilty of felony murder if acting alone or with one or more other 
persons in the commission of, or an attempt to commit, or immediate flight after 
committing or attempting to commit, murder, robbery, burglary, kidnapping, arson, gross 
sexual assault rape, or escape, the person or another participant in fact causes the death of 
a human being, and the death is a reasonably foreseeable consequence of such 
commission, attempt or flight. 
Sec. 8. 
17-A MRSA §253, as amended by PL 2003, c. 711, Pt. B, §2 and 
corrected by RR 2003, c. 2, §25, is further amended to read: 
§253. Rape 
1. 
A person is guilty of gross sexual assault rape if that person engages in a sexual 
act with another person and: 
A. 
The other person submits as a result of compulsion, as defined in section 251, 
subsection 1, paragraph E. Violation of this paragraph is a Class A crime; 
B. 
The other person, not the actor's spouse, has not in fact attained the age of 14 
years. Violation of this paragraph is a Class A crime; or 
C. 
The other person, not the actor's spouse, has not in fact attained 12 years of age. 
Violation of this paragraph is a Class A crime. 
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2. 
A person is guilty of gross se~(ual assault rape if that person engages in a sexual 
act with another person and: 
A. 
The actor has substantially impaired the other person's power to appraise or 
control the other person's sexual acts by administering or employing drugs, 
intoxicants or other similar means. Violation of this paragraph is a Class B crime; 
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B. 
The actor compels or induces the other person to engage in the sexual act by any 
threat. Violation of this paragraph is a Class B crime; 
C. 
The other person suffers from mental disability that is reasonably apparent or 
known to the actor, and which in fact renders the other person substantially incapable 
of appraising the nature of the contact involved or of un4erstanding that the person 
has the right to deny or withdraw consent. Violation of this paragraph is a Class B 
crime; 
D. 
The other person is unconscious or otherwise physically incapable of resisting 
and has not consented to the sexual act. Violation of this paragraph is a Class B 
cnme; 
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E. 
The other person, not the actor's spouse, is in official custody as a probationer or 
a parolee, or is detained in a hospital, prison or other institution, and the actor has 
supervisory or disciplinary authority over the other person. 
Violation of this 
paragraph is a Class B crime; 
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F. 
The other person, not the actor's spouse, has not in fact attained the age of 18 
years and is a student enrolled in a private or public elementary, secondary or special 
education school, facility or institution and the actor is a teacher, employee or other 
official having instructional, supervisory or disciplinary authority over the student. 
Violation of this paragraph is a Class C crime; 
G. 
The other person, not the actor's spouse, has not attained the age of 18 years and 
is a resident in or attending a children's home, day care facility, residential child care 
facility, drug treatment center, camp or similar school, facility or institution regularly 
providing care or services for children, and the actor is a teacher, employee or other 
person having instructional, supervisory or disciplinary authority over the other 
person. Violation of this paragraph is a Class C crime; 
H. 
The other person has not in fact attained the age of 18 years and the actor is a 
parent, stepparent, foster parent, guardian or other similar person responsible for the 
long-term care and welfare of that other person. Violation of this paragraph is a 
Class B crime; 
I. 
The actor is a psychiatrist, a psychologist or licensed as a social worker or 
purports to be a psychiatrist, a psychologist or licensed as a social worker to the other 
person and the other person, not the actor's spouse, is a patient or client for mental 
health therapy of the actor. As used in this paragraph, "mental health therapy" means 
psychotherapy or other treatment modalities intended to change behavior, emotions 
or attitudes, which therapy is based upon an intimate relationship involving trust and 
dependency with a substantial potential for vulnerability and abuse. Violation of this 
paragraph is a Class C crime; or 
J. 
The actor owns, operates or is an employee of an organization, program or 
residence that is operated, administered, licensed or funded by the Department of 
Health and Human Services and the other person, not the actor's spouse, receives 
services from the organization, program or residence and the organization, program 
or residence recognizes the other person as a person with mental retardation. It is an 
affirmative defense to prosecution under this paragraph that the actor -receives 
services for mental retardation or is a person with mental retardation as defined in 
I 
Title 34-B, section 5001, subsection 3. 
Violation of this paragraph is a Class C 
crime. 
3. 
It is a defense to a prosecution under subsection 2, paragraph A, that the other 
. person voluntarily consumed or allowed administration of the substance with knowledge 
of its nature, except that it is no defense when the other person is a patient of the actor 
and has a reasonable belief that the actor is administering the substance for medical or 
dental examination or treatment. 
6. 
In using a sentencing alternative involving a term of imprisonment for a person 
convicted of violating this section, a court shall, in determining the maximum period of 
incarceration as the 2nd step in the sentencing process, treat each prior Maine conviction 
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for a violation of this section as an aggravating sentencing factor. 
A. 
When the sentencing class for a prior conviction under this section is Class A, 
the court shall enhance the basic period of incarceration by a minimum of 4 years of 
imprisonment. 
B. 
When the sentencing class for a prior conviction under this section is Class B, 
the court shall enhance the basic period of incarceration by a minimum of 2 years of 
imprisonment. 
C. 
When the sentencing class for a prior conviction under this section is Class C, 
the court shall enhance the basic period of incarceration by a minimum of one year of 
imprisonment. 
In arriving at the final sentence as the 3rd step in the sentencing process, the court may 
not suspend that portion of the maximum term of incarceration based on a prior 
conviction. 
7. 
If the State pleads and proves that a violation of subsection I or subsection 2 was 
committed in a safe children zone, the court, in determining the appropriate sentence, 
shall treat this as an aggravating sentencing factor. 
Sec. 9. 17-A MRSA §254, as amended by PL 2003, c. 138, §§2 to 4, is further 
amended to read: 
§254. Child molestation 
1. 
A person is guilty of sexual abuse of a minor child molestation if: 
A. 
The person engages in a sexual act with another person, not the actor's spouse, 
who is either 14 or IS years of age and the actor is at least 5 years older than the other 
person. Violation of this paragraph is a Class D crime; 
A-I. 
The person violates paragraph A and the actor knows that the other person is 
related to the actor within the 2nd degree of consanguinity. 
Violation of this 
paragraph is a Class C crime; 
A-2. 
The person violates paragraph A and the actor is at least 10 years older than 
the other person. Violation of this paragraph is a Class C crime; 
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Of 
C. 
The person is at least 21 years of age and engages in a sexual act with another 
person, not the actor's spouse, who is either 16 or 17 years of age and is a student 
enrolled in a private or public elementary, secondary or special education school, 
facility or institution and the actor is a teacher, employee or other official in the 
school district, school union, educational unit, school, facility or institution in which 
the student is enrolled. Violation of this paragraph is a Class E crime; 
D. 
The person violates paragraph C and the actor knows that the student is related 
to the actor within the 2nd degree of consanguinity. Violation of this paragraph is a 
Class 0 crime; 
E. 
The person violates paragraph C and the actor is at least 10 years older than the 
student. Violation of this paragraph is a Class 0 crime; or 
F. 
The person intentionally subjects another person, not the actor's spouse, who is 
either 14 or 15 years of age to any sexual contact and the actor is at least 10 years 
older than the other person. Violation of this paragraph is a Class 0 crime. 
2. 
It is a defense to a prosecution under subsection 1, paragraphs A, A-I, A-2 and F, 
that the actor reasonably believed the other person is at least 16 years of age. 
4. 
As used in this section, "related to the actor within the 2nd degree of 
consanguinity" has the meaning set forth in section 556. 
Sec. 10. 17-A MRSA §1252, sub-§4-B, ~A, as amended by PL 2003, c. 711, Pt. 
B, § 19, is further amended to read: 
A. 
As used in this section, "repeat sexual assault offender" means a person who 
commits a new gross sexual assault rape after having been convicted previously and 
sentenced for any of the following: 
(I) 
Gress Rape, formerly denominated as gross sexual assault, formerly 
denominated and as gross sexual misconduct; 
(2) Rape; 
(3) Attempted murder accompanied by sexual assault; 
(4) Murder accompanied by sexual assault; or 
(5) Conduct substantially similar to a crime listed in subparagraph (1), m (3) or 
(4) that is a crime under the laws of the United States or any other state. 
The date of sentencing is the date of the oral pronouncement of the sentence by the 
trial court, even if an appeal is taken. 
Sec. 11. 17-A MRSA §1252, sub-§4-C, as enacted by PL 2003, c. 711, Pt. B, 
§20, is further amended to read: 
4-C. 
If the State pleads and proves that a Class A crime of gross sexual assault rape 
was committed by a person who had previously been convicted and sentenced for a Class 
B or Class C crime of unlawful sexual contact, or an essentially similar crime in another 
jurisdiction, that prior conviction must be given serious consideration by the court in 
exercising its sentencing discretion. 
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Sec. 12. 19-A MRSA §1653, sub-§6-A, ,A, as amended by PL 2005, c. 366, §2, 
is further amended to read: 
A. 
For the purposes of this section, "child-related sexual offense" means the 
following sexual offenses if, at the time of the commission of the offense, the victim 
was under 18 years of age: 
(l) Sexual exploitation of a minor, under Title 17-A, section 282; 
(2) Gross sexual assault Rape, under Title 17-A, section 253; 
(3) Sexual abl:lse ofa minor Child molestation, under Title 17-A, section 254; 
(4) Unlawful sexual contact, under Title 17 -A, section 255-A or former section 
255; 
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(5) Visual sexual aggression against a child, under Title 17-A, section 256; 
(6) Sexual misconduct with a child under 14 years of age, under Title 17-A, 
section 258; 
(6-A) Solicitation of a child by computer to commit a prohibited act, under Title 
17-A, section 259; or 
(7) An offense in another jurisdiction, including, but not limited to, that of a 
state, federal, military or tribal court, that includes the essential elements of an 
offense listed in subparagraph (1), (2), (3), (4), (5), (6) or (6-A). 
Sec. 13. 19-A MRSA §1658, sub-§4, as enacted by PL 1997, c. 363, §I, IS 
amended to read: 
4. 
Exception. 
The court is not required to terminate the parental rights and 
responsibilities of a parent convicted of gross sexl:lal assal:llt rape under Title 17-A, 
section 253, subsection 1, paragraph B, that resulted in the conception of the child if: 
A. 
The parent or guardian of the other parent filed the petition; 
B. 
The other parent informs the court that the sexual act was consensual; and 
C. 
The other parent opposes the termination of the parental rights and 
responsibilities of the parent convicted of the gross sexl:lal assal:llt rape. 
Sec. 14. 22 MRS A §4002, sub-§I-B, ,A, as amended by PL 2001, c. 696, §IO, 
is further amended to read: 
A. 
The parent has subjected any child for whom the parent was responsible to 
aggravated circumstances, including, but not limited to, the following: 
(1) Rape, formerly denominated as gross sexual misconduct, and gross sexual 
assault, sexual abuse, incest, aggravated assault, kidnapping, promotion of 
prostitution, abandonment, torture, chronic abuse or any other treatment that is 
heinous or abhorrent to society. 
Sec. 15. 22 MRSA §4055, sub-§I-A, ,B, as amended by PL 1995, c. 481, §3, is 
further amended to read: 
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B. 
The victim of any of the following crimes was a child for whom the parent was 
responsible or the victim was a child who was a member of a household lived in or 
frequented by the parent and the parent has been convicted of: 
(1) Murder; 
(2) Felony murder; 
(3) Manslaughter; 
(4) Aiding or soliciting suicide; 
(5) Aggravated assault; 
(6) Rape, formerly denominated as gross sexual assault and as gross sexual 
misconduct; 
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(7) Gross sexHal miseoRdHet or gross sexHal assaHlt; 
(8) SexHal abHse of miRors Child molestation; 
(9) Incest; 
(l0) Kidnapping; 
(11) Promotion of prostitution; or 
(12) A comparable crime in another jurisdiction; 
Sec. 16. 24 MRSA §2986, as amended by PL 2005, c. 538, §§ 1 and 2, is further 
8 
amended to read: 
§2986. Performing forensic examinations for alleged victims of rape 
1. Standard forensic examination kit. All licensed hospitals and licensed health 
care practitioners shall use a standard forensic examination kit developed and furnished 
by the Department of Public Safety pursuant to Title 25, section 2915 to perform forensic 
examinations for alleged victims of gross sexHal assaHIt rape. 
2. Victims' Compensation Board billing. All licensed hospitals and licensed health 
care practitioners that perform forensic examinations for alleged victims of gross sexual 
assatHt rape shall submit a bill to the Victims' Compensation Board directly for payment 
of the forensic examinations. The Victims' Compensation Board shall determine what a 
forensic examination includes pursuant to Title 5, section 3360-M. The hospital or health 
care practitioner that performs a forensic examination shall take steps necessary to ensure 
the confidentiality of the alleged victim's identity. The bill submitted by the hospital or 
health care practitioner may not identify the alleged victim by name but must be assigned 
a tracking number that corresponds to the forensic examination kit. The tracking number 
may not be the alleged victim's social security number. The Victims' Compensation 
Board shall pay the actual cost of the forensic examination up to a maximum of $500. 
Licensed hospitals and licensed health care practitioners that perform forensic 
examinations for alleged victims of gross sexHal assault rape may not bill the alleged 
victim or the alleged victim's insurer, nonprofit hospital or medical service organization 
or health maintenance organization for payment for the examination. 
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3. Com pleted 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. 
If an examination is performed under subsection 5 and the alleged victim does not, within 
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. 
4. Other payment. A licensed hospital or licensed health care practitioner is not 
precluded from seeking other payment for treatment or services provided to an alleged 
victim that are outside the scope of the forensic examination. 
5. Implied consent. If an alleged victim of gross sexual 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 ofthis 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. 
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Sec. 17. 25 MRSA §1574, sub-§4, ~, as amended by PL 1997, c. 608, §3, is 
further amended to read: 
E. 
Gfes.s Rape, including that formerly denominated as gross sexual assault, 
including that formerly denominated and as gross sexual misconduct; 
Sec. 18. 25 MRSA §1574, sub-§4, ~-1, as enacted by PL 1997, c. 608, §3, is 
repealed. 
Sec. 19. 25 MRSA §1574, sub-§4, W, as enacted by PL 1995, c. 457, §I, is 
repealed and the following enacted in its place: 
F. Child molestation; 
Sec. 20. 25 MRSA §1574, sub-§5, ~C, as enacted by PL 2001, c. 325, §5, is 
II 
repealed and the following enacted in its place: 
C. Child molestation; 
Sec. 21. 25 MRSA §1574, sub-§6, ~F, as enacted by PL 2003, c. 393, §3, is 
amended to read: 
F. 
Gfes.s Rape, including that formerly denominated as gross sexual assault; 
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Sec. 22. 25 MRSA §2915, as enacted by PL 1999, c. 719, §3 and affected by §II, 
is amended to read: 
§2915. Uniform forensic examination kit for evidence collection in cases of alleged 
rape 
1. Development of uniform forensic examination kit. The Department of Public 
Safety shall determine by rule what constitutes a uniform standardized forensic 
examination kit for evidence collection in alleged cases of gross sexual assault alleged 
rape. The rules must define the contents of the kit, instructions for administering the kit 
and a checklist that examiners must follow and enclose in the completed kit. 
2. Use of uniform forensic examination kit. A licensed hospital or licensed health 
care practitioner that conducts physical examinations of alleged victims of gross sexual 
assattk rape shall use the uniform standardized forensic examination kit developed by the 
Department of Public Safety pursuant to subsection 1. A health care practitioner who 
conducts physical examinations of alleged victims of gross sexual assault rape must be 
trained in the proper evidence collection procedures for conducting a forensic 
examination. 
Evidence collection results may not be excluded as evidence in any proceeding before 
any court of this State as a result of the examiner's failure to use the standardized 
evidence collection kit or as a result of the examiner's failure to be trained in the proper 
procedures for the collection of evidence required by this subsection. 
3. Furnishing of uniform forensic examination kit. The Department of Public 
Safety shall furnish the uniform forensic examination kits to licensed hospitals and 
I 
licensed health care practitioners that perform forensic examinations of alleged victims of 
gross sexual assault rape. 
4. Rules. Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter II-A 2-A. 
Sec. 23. 25 MRSA §3821, as amended by PL 2005, c. 538, §3, is further amended 
to read: 
§3821. Transportation and storage of forensic examination kits 
If an alleged victim of gross sexual assault rape 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 kit, identified only by a tracking 
number assigned by the hospital or health care practitioner, to its evidence storage 
facility. The law enforcement agency shall store the kit for at least 90 days from the time 
of receipt. If during that 90-day period the alleged victim reports the offense to a law 
enforcement agency, the agency storing the kit shall transport the kit to the Maine State 
Police Crime Laboratory. 
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 practitioner is located that such a 
forensic examination has been performed and a forensic examination kit has been 
completed under Title 24, section 2986, subsection 5. 
Sec. 24. 30-A MRS A §287, sub-§l, as amended by PL 1999, c. 719, §5 and 
affected by § 11, is further amended to read: 
1. Payment of expenses by district attorney. Except as provided in subsection 2, 
in all cases reported to a law enforcement officer of sexual crimes against minors or 
assault when serious bodily injury has been inflicted, the office of the district attorney of 
the county in which the alleged crime occurred shall pay the expenses of a physical 
examination of the victim conducted for the purpose of obtaining evidence for the 
prosecution. Pursuant to Title 5, section 3360-M, the Victims' Compensation Board shall 
pay the expenses of forensic examinations for alleged victims of gross sexual assault 
rape. 
Sec. 25. 30-A MRSA §287, sub-§2-A, as enacted by PL 1999, c. 719, §6 and 
affected by § 11, is further amended to read: 
2-A. Drug and alcohol testing. Notwithstanding subsections 1 and 2 and Title 5, 
section 3360-M, the district attorney shall pay the expense of any analysis of a drug or 
alcohol test performed as part of a forensic examination of an alleged victim of gres-s 
sexual assault rape when the purpose of the analysis is to obtain evidence for the 
prosecution. 
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Sec. 26. 34-A MRSA §11221, sub-§6-A is enacted to read: 
6-A. Distribution of information to town clerk. The bureau shall distribute, via e-
mail, the information described in subsections 1 and ll-A to the town clerk of a town that 
has no police department. 
The bureau shall send an e-mail containing the new releases of registrants to the town 
clerk on a monthly basis. 
Sec. 27. 34-A MRSA §11221, sub-§l1-A is enacted to read: 
ll-A. 
Law enforcement agency; provide information to bureau. 
A law 
enforcement agency shall notify the bureau if the law enforcement agency has a registrant 
in its custody. 
Sec. 28. 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 and storage of forensic examination 
kits for alleged victims of rape" and the Revisor of Statutes shall implement this revision 
when updating, publishing or republishing the statutes. 
SUMMARY 
This bill changes the name of 2 sex crimes from "gross sexual assault" and "sexual 
abuse of a minor" to "rape" and "child molestation." 
The bill also requires the 
Department of Public Safety, State Bureau of Identification to distribute information 
contained in the sex offender registry to town clerks of towns that do not have police 
departments. The bill also requires a law enforcement agency to notify the bureau by e-
mail if the law enforcement agency has a registrant in its custody. 
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