An Act to Establish a Statewide Sexual Assault Forensic Examination Kit Tracking System and Conduct an Inventory of Existing Forensic Examination Kits in the Possession of Law Enforcement
Maine Legislature, Session 131, LD 2129
Committee: Criminal Justice and Public Safety
Sponsors: GEIGER, BEEBE-CENTER, ANKELES, CRAFTS, DOUDERA, GATTINE, MORIARTY, OSHER, STOVER, VITELLI
Amends: 24 MRSA §2986, 25 MRSA §2915-A

Legislative Document
No. 2129
H.P. 1353
House of Representatives, January 3, 2024
An Act to Establish a Statewide Sexual Assault Forensic 
Examination Kit Tracking System and Conduct an Inventory of 
Existing Forensic Examination Kits in the Possession of Law 
Enforcement
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GEIGER of Rockland.
Cosponsored by Senator BEEBE-CENTER of Knox and
Representatives: ANKELES of Brunswick, CRAFTS of Newcastle, DOUDERA of Camden, 
GATTINE of Westbrook, MORIARTY of Cumberland, OSHER of Orono, STOVER of 
Boothbay, Senator: VITELLI of Sagadahoc.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation requires the establishment of a statewide sexual assault 
forensic examination kit tracking system and an inventory of all sexual assault forensic 
examination kits in the possession of law enforcement agencies; and
Whereas, the immediate passage of this legislation is critical to strengthen the State's 
enforcement of sexual assault laws and response to sexual assault; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24 MRSA §2986, sub-§3, as amended by PL 2019, c. 94, §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 8 20 years.  The completed kit may be 
identified only by the tracking number.  If during that 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 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 §2915-A is enacted to read:
§2915-A.  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.  "Department" means the Department of Public Safety.
C. "Forensic examination kit" means a uniform standardized forensic examination kit 
developed by the department pursuant to section 2915, subsection 1 for evidence 
collection by a licensed health care provider in alleged cases of sexual assault.
D. "Law enforcement agency" means the State Police, a county law enforcement 
agency or a municipal law enforcement agency. 
E. "Licensed 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 such 
health care practitioners.
F. "Sexual assault" means a crime enumerated in Title 17-A, chapter 11.
G. "Tracking system" means the forensic examination kit tracking system established 
by the department pursuant to subsection 2.
2. Forensic examination kit tracking system.  The department shall establish, operate 
and maintain a forensic examination kit tracking system through the use of department 
personnel and resources and, to accomplish those duties, may contract with public or 
private entities, including, but not limited to, software and technology providers. 
A. The tracking system must provide continuous access to the tracking system by 
approved users.
B. For each forensic examination kit, the tracking system must track:
(1) The location and status of the kit from the initial collection at a licensed health 
care provider; 
(2) The inventory and storage of the kit by a law enforcement agency or crime 
laboratory; 
(3) The date when a law enforcement agency notifies a district attorney that the kit 
is completed pursuant to section 3821; 
(4)  The status of analysis of the kit at a crime laboratory; and
(5)  The storage or destruction of the kit after completion of analysis. 
C. The tracking system must provide for updating and tracking of a forensic 
examination kit as follows.
(1) An alleged victim of sexual assault from whom forensic evidence has been 
collected using a forensic examination kit must have access to the tracking system 
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.
(2) A licensed health care provider, law enforcement agency, district attorney 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.
3. Participation required. Law enforcement agencies, licensed health care providers, 
crime laboratories and district attorneys in the State shall participate in the tracking system 
on the schedule and in the manner required by the department 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 department shall report to the joint standing committee of the 
Legislature having jurisdiction over criminal justice and public safety matters and the 
Governor by June 1, 2025, and annually thereafter, regarding the tracking system. The 
report may include recommendations from the department for improved operation of the 
tracking system and must include the following information, identified by the county from 
which a forensic examination kit was entered into the tracking system:
A. The number of forensic examination kits in the tracking system with respect to 
which the alleged victim has reported the alleged offense to a law enforcement agency 
and with respect to which the alleged victim has not reported the alleged offense to a 
law enforcement agency and, for each of those categories, the number of kits 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 tracking system during the 
prior calendar year 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 lengths of time for forensic examination kits to be sent for 
analysis after being entered into the tracking 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.
The State Police, and any other law enforcement agency that performs its duties in more 
than one county, shall provide to the department tracking information for each county 
where a forensic examination kit was entered into the tracking system, and the department 
shall use that information in compiling its report.
6.  Rules. The commissioner shall adopt rules to govern participation and 
implementation of the tracking system. The rules must include provisions for maintaining 
confidentiality of tracking system information; provisions to ensure 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 requirements for 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.
Sec. 3.  Sexual assault forensic examination kit inventory.  By June 1, 2025, a 
law enforcement agency that receives, maintains, stores or preserves forensic examination 
kits used to perform forensic examinations for alleged victims of sexual assault shall 
complete an inventory of all kits in its possession and shall report its findings to the 
Department of Public Safety. Reported findings to the department must include a 
breakdown by year by each agency of the number of:
1. Kits received with respect to which the alleged victim has reported the alleged 
offense to a law enforcement agency and with respect to which the alleged victim has not 
reported the alleged offense to a law enforcement agency; 
2. Reported kits that were never analyzed; and 
3. Reported kits returned after analysis.
The department shall compile all agency findings and present a report of the inventory 
by September 1, 2025 to the joint standing committee of the Legislature having jurisdiction 
over criminal justice and public safety matters. At the same time, the department shall post 
the report on its website in a manner easily accessible to the public.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill directs the Department of Public Safety to establish, operate and maintain a 
sexual assault forensic examination kit tracking system. The system must provide relevant 
information for victims, both those who choose to report to a law enforcement agency and 
those who choose not to report, and other approved users regarding the processing, custody, 
analysis and destruction of evidence. The department is required to submit an annual report 
by June 1st to the joint standing committee of the Legislature having jurisdiction over 
criminal justice and public safety matters and the Governor concerning information related 
to the status of sexual assault forensic examination kits reported in the tracking system. The 
bill provides requirements for the tracking system and requires the department to adopt 
routine technical rules, including rules regarding participation in the tracking system, 
confidentiality and the operation of the tracking system. 
The bill directs that, by June 1, 2025, a law enforcement agency that receives, 
maintains, stores or preserves sexual assault forensic examination kits must complete an 
inventory of all kits in its possession and report its findings to the Department of Public 
Safety. The department must compile all agency reports and present findings of the 
inventory by September 1, 2025 to the joint standing committee of the Legislature having 
jurisdiction over criminal justice and public safety matters and at the same time post the 
report on the department’s public website in an easily accessible location.
Public Law 2023, chapter 236 changed a provision in the Maine Revised Statutes, Title 
to require law enforcement agencies to store sexual assault forensic examination kits for 
years.  For consistency with that provision, this bill amends a provision in Title 24 to 
require law enforcement agencies to store sexual assault forensic examination kits for 20 
years.