An Act To Support Sexual Assault Survivors
Maine Legislature, Session 128, LD 0169
Committee: Criminal Justice and Public Safety
Sponsors: MADIGAN, VOLK, BERRY, HYMANSON, O'NEIL, PARKER, WARREN, BREEN, CHIPMAN, VITELLI
Amends: 5 MRSA §3360-M, 25 MRSA §2915

Legislative Document
No. 169
H.P. 125
House of Representatives, January 19, 2017
An Act To Support Sexual Assault Survivors
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MADIGAN of Waterville.
Cosponsored by Senator VOLK of Cumberland and
Representatives: BERRY of Bowdoinham, HYMANSON of York, O'NEIL of Saco, PARKER 
of South Berwick, WARREN of Hallowell, Senators: BREEN of Cumberland, CHIPMAN of 
Cumberland, VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §3360-M, sub-§2-A is enacted to read: 
2-A.  Survivor information.  The prosecutor or law enforcement agency that has 
jurisdiction over an alleged or suspected gross sexual assault shall provide written 
information to the alleged victim as provided in this subsection. 
A.  The prosecutor or law enforcement agency shall inform the alleged victim of the 
right to undergo a forensic examination. 
B.  The prosecutor or law enforcement agency shall inform the alleged victim of the 
right to receive the results and any report resulting from a forensic examination, 
including a DNA profile match, a toxicology report and other results from the 
examination, unless the prosecutor or law enforcement agency has determined that 
disclosure to the alleged victim may impede or compromise an ongoing investigation 
or an ongoing prosecution. 
Sec. 2.  5 MRSA §3360-M, sub-§6 is enacted to read: 
6.  Retention of forensic examination results.  The following provisions govern 
retention of the results of a forensic examination and subsequent any report resulting 
from the examination and govern the destruction or disposal of the results and report. 
A.  The prosecutor or law enforcement agency that has custody of the results of a 
forensic exam and any report arising from that forensic exam shall retain the results 
and report until the expiration of the period of the statute of limitations applicable 
under Title 17-A, subsection 8.  The prosecutor or law enforcement agency may not 
impose any charge in addition to the charge for the examination under subsection 2 
for retention of the results and report. 
B.  At least 60 days prior to destroying or disposing of the results and any report, the 
prosecutor or law enforcement agency shall provide notice to the alleged victim of 
the intended destruction or disposal.  If the alleged victim objects to destruction or 
disposal, the prosecutor or law enforcement agency shall retain the results and report 
as provided in rules adopted pursuant to this subsection. 
The board shall adopt rules regarding retention, destruction and disposal of the results and 
any report from a forensic examination under this subsection.  Rules adopted pursuant to 
this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 3.  25 MRSA §2915, sub-§§5 and 6 are enacted to read: 
5.  Right to forensic examination; results and report.  A prosecutor or law 
enforcement agency shall provide written information to an alleged victim of gross sexual 
assault regarding the alleged victim's right to undergo a forensic examination.  The 
prosecutor or law enforcement agency must inform the alleged victim of the right to 
receive the results of the forensic examination and any report resulting from the forensic 
examination, including a DNA profile match, a toxicology report and other results from 
the examination, unless the prosecutor or law enforcement agency has determined that 
disclosure to the alleged victim may impede or compromise an ongoing investigation or 
an ongoing prosecution. 
6.  Forensic examination records retention and disposal.  The following 
provisions govern the retention and destruction or disposal of the records of the results of 
a forensic examination under subsection 5 and any report resulting from the examination. 
A.  The prosecutor or law enforcement agency that has custody of the results and any 
report shall retain the results and report until the expiration of the period of the statute 
of limitations applicable under Title 17-A, subsection 8.  Notwithstanding Title 5, 
section 3360-M, subsection 2, the prosecutor or law enforcement agency may not 
impose any charge for retention of the results and report. 
B.  At least 60 days prior to the end of the statute of limitations period under 
paragraph A, the prosecutor or law enforcement agency shall provide notice to the 
alleged victim of the prosecutor's or law enforcement agency's intention to destroy or 
dispose of the examination results and any reports.  If the alleged victim objects to 
the destruction or disposal, the prosecutor or law enforcement agency shall retain the 
results and report as provided in rules adopted pursuant to this subsection. 
The Chief of the State Police shall adopt rules regarding retention and destruction or 
disposal of the results and any report from a forensic examination under this section. 
SUMMARY 
This bill enacts protections for alleged victims of gross sexual assault that mirror 
protections provided in federal law.  The bill contains the following provisions. 
1.  The bill requires a prosecutor or law enforcement agency to provide written 
information to an alleged victim concerning the right to undergo a forensic examination 
and the right to receive the results and any report resulting from a forensic examination 
unless disclosure to the alleged victim could impede or compromise an ongoing 
investigation or an ongoing prosecution. 
2.  The bill requires the prosecutor or law enforcement agency that has custody of the 
results and any report to retain the results and any report without charge until the 
expiration of the period of the statute of limitations.  The bill requires the prosecutor or 
law enforcement agency, at least 60 days prior to destroying or disposing of the results 
and report, to provide notice of the intended destruction or disposal to the victim and 
allows for further retention upon the objection of the victim.  The bill provides for routine 
technical rulemaking by the Chief of the State Police regarding retention and destruction 
or disposal of the results and any report.