An Act To Ensure Thorough Investigation into Allegations of Sexual Assault
Maine Legislature, Session 128, LD 0859
Committee: Criminal Justice and Public Safety
Sponsors: BATES, DIAMOND, COREY, GATTINE, O'NEIL, TALBOT ROSS, WHITE
Amends: 25 MRSA §3822

Legislative Document
No. 859
H.P. 608
House of Representatives, March 7, 2017
An Act To Ensure Thorough Investigation into Allegations of Sexual 
Assault
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BATES of Westbrook.
Cosponsored by Senator DIAMOND of Cumberland and
Representatives: COREY of Windham, GATTINE of Westbrook, O'NEIL of Saco, TALBOT 
ROSS of Portland, WHITE of Washburn.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  25 MRSA §3822 is enacted to read: 
§3822.  Forensic examination kits; process time frame; report 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Forensic examination kit" or "kit" means a kit designed to be used by a health 
care provider for the purpose of collecting forensic evidence with regard to an alleged 
sexual assault. 
B.  "Health care provider" means: 
(1)  A hospital licensed under Title 22, chapter 405; or 
(2)  A health care practitioner who is licensed by this State to provide or is 
otherwise lawfully providing health care or a partnership or corporation made up 
of such health care practitioners. 
C.  "Law enforcement agency" means the State Police, a county law enforcement 
agency or a municipal law enforcement agency. 
D.  "Sexual assault" means a gross sexual assault as described in Title 17-A, section 
253, sexual abuse of minors as described in Title 17-A, section 254 or unlawful 
sexual contact as described in Title 17-A, section 255-A. 
2.  Process forensic examination kits within 180 days.  The State Police shall 
process a forensic examination kit within 180 days of receipt of a kit or within 180 days 
of receipt of consent to analysis of that kit by the alleged victim of the sexual assault, 
whichever occurs later. 
3.  Report.  The State Police shall conduct annual audits of forensic examination kits 
and shall report to the general public and to the Legislature by July 1, 2018 and annually 
thereafter regarding the status of analyses of kits in the possession of the State Police.  
The report must include, for the preceding 12-month time period, the number of test kits 
on which analyses have been completed and the number of test kits on which analyses 
have not been completed. 
Sec. 2.  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, storage and analysis of forensic 
examination kits for alleged victims of gross sexual assault" and the Revisor of Statutes 
shall implement this revision when updating, publishing or republishing the statutes. 
SUMMARY 
This bill requires the State Police to process a forensic examination kit within 180 
days of receipt of a kit that has been used to obtain forensic evidence from an alleged 
victim of sexual assault or within 180 days of receipt of consent to analysis of that kit by 
the alleged victim of the sexual assault, whichever occurs later.  The bill requires the 
State Police to conduct annual audits of forensic examination kits and to report to the 
general public and to the Legislature by July 1, 2018, and annually thereafter, regarding 
the status of analyses of forensic examination kits in the possession of the State Police.