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: Criminal Justice and Public Safety
Sponsors: MAXMIN, CHENETTE, COOPER, INGWERSEN, MORALES, SYLVESTER, WARREN, HERBIG
Amends: 24 MRSA §2986, 25 MRSA §3821

Legislative Document
No. 396
H.P. 305
House of Representatives, January 29, 2019
An Act To Support Justice for Victims of Sexual Assault by 
Increasing the Time Sexual Assault Forensic Examination Kits Must 
Be Stored
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative MAXMIN of Nobleboro.
Cosponsored by Senator CHENETTE of York and
Representatives: COOPER of Yarmouth, INGWERSEN of Arundel, MORALES of South 
Portland, SYLVESTER of Portland, WARREN of Hallowell, Senator: HERBIG of Waldo.
Be it enacted by the People of the State of Maine as follows:
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 a period of time 
equal to the period of limitations under Title 17-A, section 8 for the underlying crime 
under Title 17-A, chapter 11.  The completed kit may be identified only by the tracking 
number.  If during that 90-day 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.  Except for when the forensic examination kit is being processed or 
analyzed by a 3rd party or unless preservation is required by Title 15, section 2138, 
subsection 14, the investigating agency shall store the forensic examination kit for a 
period of time equal to the period of limitations under Title 17-A, section 8 for the 
underlying crime under Title 17-A, chapter 11 or until the underlying crime is prosecuted 
and a conviction is obtained, whichever comes first.
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.
Sec. 2.  25 MRSA §3821, 2nd ¶, 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 receipt a period of time equal to the period of limitations under Title 17-A, 
section 8 for the underlying crime under Title 17-A, chapter 11.  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.  Except for 
when the forensic examination kit is being processed or analyzed by a 3rd party or unless 
preservation is required by Title 15, section 2138, subsection 14, the investigating agency 
shall store the forensic examination kit for a period of time equal to the period of 
limitations under Title 17-A, section 8 for the underlying crime under Title 17-A, chapter 
or until the underlying crime is prosecuted and a conviction is obtained, whichever 
comes first.
SUMMARY
This bill 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 the period of time equal to the limitations period for the underlying 
crime. This bill also requires investigating agencies in possession of a sexual assault 
forensic examination kit when the victim has come forward to store the kit for the period 
of time equal to the limitations period for the underlying crime or until the underlying 
crime has been prosecuted and a conviction has been obtained, whichever comes first.