An Act To Establish a Statewide Sexual Assault Forensic Examination Kit Tracking System
Maine Legislature, Session 128, LD 0142
Committee: Criminal Justice and Public Safety
Sponsors: PICCHIOTTI, DAVIS, AUSTIN, HANLEY, HAWKE, JOHANSEN, NADEAU, STROM, WALLACE, WARD
Amends: 25 MRSA §3822

Legislative Document
No. 142
H.P. 100
House of Representatives, January 19, 2017
An Act To Establish a Statewide Sexual Assault Forensic 
Examination Kit Tracking System
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PICCHIOTTI of Fairfield.
Cosponsored by Senator DAVIS of Piscataquis and
Representatives: AUSTIN of Gray, HANLEY of Pittston, HAWKE of Boothbay Harbor, 
JOHANSEN of Monticello, NADEAU of Winslow, STROM of Pittsfield, WALLACE of 
Dexter, WARD of Dedham.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  25 MRSA §3822 is enacted to read: 
§3822.  Sexual assault forensic examination kit tracking system 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Crime laboratory" means the Maine State Police Crime Laboratory located in 
Augusta or a laboratory licensed to provide forensic services to law enforcement 
agencies for the purpose of analyzing forensic examination kits. 
B.  "Forensic examination kit" means a kit for evidence collection by a health care 
provider in alleged cases of sexual assault. 
C.  "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 
otherwise lawfully providing health care or a partnership or corporation made up 
of health care practitioners. 
D.  "Law enforcement agency" means the State Police, a county law enforcement 
agency or a municipal law enforcement agency. 
E.  "Sexual assault" means a gross sexual assault as described in Title 17-A, section 
253, sexual abuse of a minor as described in Title 17-A, section 254 or unlawful 
sexual contact as described in Title 17-A, section 255-A. 
F.  "Tracking system" means the forensic examination kit tracking system established 
by the State Police pursuant to subsection 2. 
2.  Forensic examination kit tracking system.  The State Police shall establish, 
operate and maintain a forensic examination kit tracking system that uses electronic 
technologies and allows continuous access to approved users of the tracking system. 
A.  The State Police shall establish, operate and maintain the tracking system through 
the use of State Police personnel and resources and, to accomplish those duties, may 
contract with public or private entities, including, but not limited to, software and 
technology providers. 
B.  The tracking system must track the location and status of forensic examination 
kits throughout the criminal justice process, including the collection of a completed 
test kit, receipt of the forensic examination kit by a law enforcement agency and 
receipt and analysis of forensic evidence at a crime laboratory. 
C.  The tracking system must allow updating and tracking of a forensic examination 
kit as follows: 
(1)  A health care provider, law enforcement agency, prosecutor and any other 
entity in the possession of a forensic examination kit must have access to the 
tracking system for the purposes of entering, updating and tracking the status and 
location of a forensic examination kit; and 
(2)  An alleged victim of sexual assault from whom forensic evidence has been 
obtained through the use of a forensic examination kit must have access on an 
anonymous and secure basis for the purposes of receiving updates regarding the 
forensic examination kit and tracking the status of the forensic examination kit. 
3.  Participation required.  Law enforcement agencies, health care providers, crime 
laboratories and prosecuting attorneys in the State shall participate in the tracking system 
on the schedule and in the manner required by the State Police pursuant to rules adopted 
pursuant to subsection 6. 
4.  Immunity.  A person or entity required by subsection 3 to participate in the 
tracking system is immune from civil liability for actions taken as a participant that are 
required by subsection 3 or by rules adopted pursuant to subsection 6. 
5.  Report.  The State Police shall report to the joint standing committee of the 
Legislature having jurisdiction over criminal justice and public safety matters and the 
Governor by July 1, 2018 and every 6 months thereafter regarding the tracking system.  
The report may include recommendations from the State Police for improved operation of 
the tracking system and must include the following information, identified by the county 
from which the forensic examination kit was entered into the tracking system: 
A.  The number of forensic examination kits in the tracking system, and of those 
forensic examination kits the number on which analysis has been completed and the 
number on which analysis has not been completed; 
B.  The number of forensic examination kits entered into the system during the prior 
months, and of those forensic examination kits the number on which analysis has 
been completed and the number on which analysis has not been completed; 
C.  The average and median length of time for forensic examination kits to be sent for 
analysis after being entered into the system and for analysis to be completed; and 
D.  The number of forensic examination kits entered into the tracking system for 
more than one year for which analysis has not been completed. 
6.  Rules.  The Chief of the State Police shall adopt rules to govern participation in 
the tracking system.  The rules must include confidentiality of tracking system 
information; timely posting to the tracking system; a process for approving tracking 
system users and access for approved users; procedures for posting information and for 
updating information in the tracking system; and documentation of persons who have 
posted, accessed and updated information in the tracking system.  Rules adopted pursuant 
to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 
2-A. 
SUMMARY 
This bill establishes within the State Police the responsibility to establish, operate and 
maintain a sexual assault forensic examination kit tracking system.  The bill sets forth the 
requirements for the tracking system and requires the State Police to adopt routine 
technical rules, including rules regarding participation in the tracking system, 
confidentiality and the operation of the tracking system.  The bill provides civil immunity 
for participants in the tracking system for actions required by law or rule.