An Act To Support Justice for Victims of Sexual Assault by Increasing the Time Sexual Assault Forensic Examination Kits Must Be Stored
Maine Legislature, Session 129, LD 0396
Committee Amendment CA_A_H113 (House)
Amends: 24 MRSA §2986, 25 MRSA §3821

COMMITTEE AMENDMENT "k" to H.P. 305, L.D. 396, Bill, "An Act To 
Support Justice for Victims of Sexual Assault by Increasing the Time Sexual Assault 
Forensic Examination Kits Must Be Stored" 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 24 MRSA §2986, sub-§3, as amended by PL 2011, c. 59, §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 8 years. 
The 
completed kit may be identified only by the tracking number. If during that 9-0--aay 
storage 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 agency shall retain custody of the forensic 
examination kit. 
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 
COMMITTEE AMENDMENT 
~ 
COMMITTEE AMENDMENT" A" to H.P. 305, L.D. 396 
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. 
Sec. 2. 25 MRSA §3821, 2nd 1, as amended by PL 2017, c. 156, §4, is further 
amended to read: 
If an alleged victim of sexual assault 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 forensic examination kit, identified only by a 
tracking number assigned by the kit manufacturer, to its evidence storage facility. The 
law enforcement agency shall store the forensic examination kit for at least 90 days from 
the time of reosipt 8 years. If during that 90 day storage period the alleged victim reports 
the offense to a law enforcement agency, the investigating agency shall take possession of 
the forensic examination kit.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes the bill and instead changes the period that a law 
enforcement agency must store a sexual assault forensic examination kit when the victim 
has not come forward from 90 days from receipt of the kit to 8 years. 
FISCAL 1'0TE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/03/19 feac:.. 
LD396 
LR 690(02) 
An Act To Support Justice for Victims of Sexual Assault by Increasing the Time Sexual Assault 
Forensic Examination Kits Must Be Stored 
Fiscal Note for Bill as Amended by Committee Amendment r\'' ( H- / / 5) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
,Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
The bill increases the period of time a law enforcement agency must store a sexual assault forensic examination kit 
from 90 days to 8 years. This change could make evidence available for longer periods of time, potentially increasing 
the number of cases and convictions for sexual assault. However, the number of new cases and convictions is 
expected to be minimal and the Maine Commission on Indigent Legal Services and the Department of Conections do 
not require additional funding at this time. 
Additional costs to the Department of Public Safety associated with this legislation can be absorbed within existing 
budgeted resources. 
LR0690(02) - Fiscal Note - Page 1 of 1