An Act Regarding Forensic Examination Kits
Maine Legislature, Session 125, LD 0592
Committee: Criminal Justice and Public Safety
Sponsors: PLUMMER, MASON
Amends: 24 MRSA §2986

Legislative Document 
No. 592 
H.P. 450 
House of Representatives, February 15, 2011 
An Act Regarding Forensic Examination Kits 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative PLUMMER of Windham. 
Cosponsored by Senator MASON of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24 MRSA §2986, sub-§3, as amended by PL 2005, c. 538, §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 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 
retain custody of 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. 
SUMMARY 
This bill amends the law to reflect current practice by directing that forensic 
examination kits be retained by investigating law enforcement agencies rather than 
transported to the Maine State Police Crime Laboratory.  The bill ensures that the text of 
the Maine Revised Statutes, Title 24, section 2986, subsection 3 is consistent with similar 
text located in Title 25, section 3821.