An Act to Establish a
Maine Legislature, Session 132, LD 1816
Committee Amendment CA_A_S427 (Senate)
Amends: 24 MRSA §2986, 25 MRSA §2915-B, 25 MRSA §3821

COMMITTEE AMENDMENT" 4,, to S.P. 707, L.D. 1816, "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" 
Amend the bill by inset1ing after the title and before the emergency preamble the 
following: 
'Mandate preamble, This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, A11icle IX, Section 21, 2/3 of all of the members elected to each 
House have determined it necessary to enact this measure; and' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inse11ing the following: 
'Sec. 1. 24 MRSA §2986, sub-§3, as amended by PL 2025, c. 109, §3, is fm1her 
amended to read: 
3, Completed kit, If the 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 S 2..Q yea1·s. The completed kit may be 
identified only by the tl'acking number, If dul'ing that storage period a victim decides to 
repo1t the alleged offense to a law enforcement agency, the victim may contact the hospital 
or health care practitioner to determine the tracking number. The hospital or health ca1·e 
practitioner shall provide the victim with the tracking m11nbe1· on the forensic examination 
kit and shall infOl'm the victim which law enforcement agency is storing the kit. 
If the 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. 
Page l • 132LR1224(02) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 707, L.D. 1816 ( s-41;)1) 
If an examination is performed under subsection S and the victim does not, within 60 days, 
regain a state of consciousness adequate to decide whether 01· not to report the alleged 
offense, the State may file a motion in the District Coutt relating to the storing or pl'Ocessing 
analysis of the forensic examination kit. Upon finding good cause and after considering 
factors, including, but not limited to, the possible benefits to public safety in prncessing 
analyzing the kit and the likelihood of the victim's regaining a state of consciousness 
adequate to decide whether or not to repott the alleged offense in a reasonable time, the 
District Comt may order either that the kit be stored for additional time or that the kit be 
transpo1ted to the Maine State Police Crime Laboratory for processing analysis in 
accordance with the laboratory's practices and p1·ocedures, or such other disposition that 
the court determines just. In the interests of justice or upon motion by the State, the District 
Comt may conduct hearings requfred under this paragraph confidentially and in camera 
and may impound pleadings and other records related to them. 
A law enforcement agency shall store a completed fol'ensic examination kit involving 
sexual assault for 20 years regardless of whether the alleged offense is repo1ted to a law 
enforcement agency. 
Sec. 2. 25 MRSA §2915-B is enacted to read: 
§2915~B. Sexual assault forensic examination ldt tracking system 
1, Definitions. As used in this section, unless the context otherwise indicates, the 
following te1·ms have the following meanings. 
A. "Crime laboratory" means the Maine State Police Crime Laborato1y located in 
Augusta or another accredited laborato1y that provides forensic services to law 
enforcement agencies for the purpose of analyzing forensic examination kits. 
B. • "Depatiment" means the Depa1iment of Public Safety. 
C. 
"Forensic examination kit" or "kit" means a uniform standardized forensic 
examination kit developed by the depatiment 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 01· a municipal law enforcement agency. 
E. "Licensed health care provider" means: 
(1) A hospital licensed under Title 22. chapter 405: 01· 
(2) A health care practitioner who is licensed by this State to provide or otherwise 
lawfully providing health care or a pattnership or corporation made up of such 
health care practitioners. 
F. "Sexual assault" means any crime enumerated in Title 17"A, chapter 11. 
G. "Tracking system" means the forensic examination kit tracking system established 
by the department pmsuant to subsection 2. 
2, Forensic examination kit tracldng system. The department shall operate and 
maintain a tracking system for all completed forensic examination kits. regardless of 
whether the alleged offense relating to the kit was reported to a law enforcement agency. 
that is continuously accessible to approved users, including, at a minimum. licensed 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT •fa• lo S.P. 707, L,D, 1816 ( s, qJ,1j 
hospitals and licensed health care providel's that perform. forensic examinations for victims 
of sexual assault. 
A. The depa1tment shall operate and maintain the tracking system through the use of 
department personnel and resources and may contract with public or private entities. 
including. but not limited to, software and technology providers. to accomplish the 
depattment1s duties related to the tracking system. 
B. Approved users shall adhere to the following procedures when entering information 
for each kit into the tracking system, which must. at a minimum, collect the following 
information. 
(1) A crime labo1·ato1y shall enter into the tracking system each new and unused 
kit and record each kit's intended destination before the kit leaves the possession 
of the crime Iaboratoty. 
(2) A licensed health care provider shall enter into the tracking system: 
(a) The date the licensed health care provider receives each kit from a crime 
laborntory: 
(b) The date a pa1ticular kit is used for evidence collection. is discarded based 
on damage to the kit or is used for trnining: and 
(c) The date a completed kit is transferred to a law enforcement agency. the 
name of the law enforcement agency to which the kit was transferred and. to 
the extent known to the licensed health care pl'Ovider, whethe1· the victim of 
sexual assault from whom 'the forensic evidence in the kit was collected has 
,·eported the alleged offense to a law enforcement agency, 
(3) A law enforcement agency shall enter into the tracking system: 
(a) The date the law enforcement agency receives a completed kit. the location 
where that kit is being stored and. to the extent known by the law enforcement 
agency. whether the victim of sexual assault from whom the forensic evidence 
in the kit was collected has repo1ted the alleged offense to a law enforcement 
agency; 
(b) The date the law enforcement agency transfers a completed kit to a crime 
laborato1y and the name of the crime laboratory to which the kit was 
transferred: and 
(c) The date the law enforcement agency repo1ts to a prosecuting attorney that 
a forensic examination has been petfonned pursuant to Title 24. section 2986. 
(4) A crime laborato1y shall identify when it has conducted an analysis of a 
completed kit and enter into the tracking system the date of the analysis. 
(S) A law enforcement agency that receives a kit after analysis from a crime 
laboratory shall enter into the trncking system the date it received the kit and 
whether that kit was stored 01· destroyed. 
C. The tracking system must provide for the updating and tracking of a forensic 
examination kit as follows. 
(1) A victim of sexual assault from whom fo!'ensic evidence has been collected 
using a kit must have access to the tracking system on an anonymous and secure 
COMMITTEE AMENDMENT 
COMMITIP:Il AMfil<DMENT •A "lo $,P, 707, L.D, 1816 L'S• t.j~ ~ 
basis for the purposes of receiving updates regal'ding the kit and tracking the status 
of the kit. 
(2) A licensed health care provider. law enforcement agency. prosecuting attorney 
or any other entity in possession of a kit must have access to the tracking system 
fo1· the purposes of entering. updating and tracking the status and location of the 
kit. 
(3) Prosecuting attorneys in the State must have access to the tracking system for 
the purpose of receiving updates regarding the kits and tracking the status of the 
kits. 
3. Participation 1·equil'ecl. Law enfo1·cement agencies, licensed health care providers, 
crime laboratories and prosecuting attorneys in the State shall participate in the trncking 
system on the schedule and in the manner required by department rules adopted pursuant 
to subsection 7. 
4. Immunity. A person or entity required by subsection 3 to pa11icipate in the tracking 
system is immune from civil liability for actions taken as a pa1'ticipant that are requfred by 
subsection 3 ot' by rules adopted pursuant to subsection 7. 
5. Confidentiality. The tracking system and all information in the tracking system is 
confidential. 
6. Report. The depa11ment shall report to the joint standing committee of the 
Legislature having jurisdiction over criminal justice and public safety matters and the 
Governor by January 1, 2027, and annually thereafter, regarding the trncking system. The 
report may include recommendations from the department for imprnved 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 numbe1· of completed kits in the tracking system. including: 
(1) The number of completed kits for which a victim of sexual assault has repo1ted 
the alleged offense to a law enforcement agency and. of those kits. the number on 
which analysis has been completed and the number on which analysis has not been 
completed: and 
(2) The number of completed kits for which a victim of sexual assault has not 
rep01ted the alleged offense to a law enforcement agency. and, of those kits, the 
numbe1· on which analysis has been completed and the number on which analysis 
has not been completed; 
B. The number of completed kits that were entered into the tracking system during the 
prior calendar year. including: 
(1) The number of completed kits for which a victim of sexual assault has 1·epo11ed 
the alleged offense to a law enforcement agency and. of those kits, the number on 
which analysis has been completed and the number on which analysis has not been 
completed: and 
(2) The number of completed kits for which a victim of sexual assault has not 
repo11ed the alleged offense to a law enforcement agency. and. of those kits. the 
numbe1· on which analysis has been completed and the number on which analysis 
has not been completed; 
COMMITTEE AMENDMENT 
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COMMIITBE AMENDMENT "A " Io S.P. 707, L.D. 1816 l $-l,/~7) 
C. The average and median lengths of time for fol'ensic 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 repo11ed 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 fo1• each county where 
a forensic examination kit was entered into the tracking system. 
7. 
Rules. The commissioner shall adopt rnles to govern participation in and 
implementation of the trncking system. The rnles must include provisions for maintaining 
confidentiality of trncking system information: prnvisions to ensure timely posting to the 
tracking system: a process for approving trncking system users and access for approved 
users: procedures for posting information and for updating information in the trncking 
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. 25 MRSA §3821, as amended by PL 2025, c. 109, §6, is further amended to 
read: 
§3821. Transportation and storage of forensic examination kits 
For the purposes of this section, "sexual assault" means any crime enumerated in Title 
17-A, chapter 11 and "sh·angulation" has the same meaning as in Title 17-A, section 208, 
subsection 1, parngraph C. 
If a victim of sexual assault or strangulation has a forensic examination and has not 
repo1ted 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 transp01t the completed forensic examination kit, identified only 
by a tracking number assigned by the kit manufacture1·, to its evidence storage facility. +he 
law enforcement a.gen~• shall store the fot·ensie enamiaation kits involving sexual assault 
for 20 years and fot·ensio examination kits ilwolving oaly stmngulation for 6 years. If 
dul'ing that storage period the victim reports the offense to a law enforcement agen~', the 
investigating agen~' sl¼all take possession of the fOl'ensio examination kit. 
If a victim of sexual assault or strangulation has a forensic examination and has 
repo11ed the alleged offense to a law enforcement agency when the forensic examination is 
complete, or the victim reports the alleged offense after the forensic examination kit has 
been trnnspo11ed to the nearest law enforcement agency. the law enforcement agency 
investigating the alleged offense shall take possession of that kit. 
A law enforcement agency shall store the forensic examination kits involving sexual 
assault for 20 years and forensic examination kits involving only strangulation for 6 years. 
regardless of whether the alleged offense relating to the kit is reported to a law enforcement 
agency. 
In the case of a fo1·e11slc examination performed under Title 24, section 2986, 
subsection 5, the law enforcement agency must immediately notify the district attorney for 
the district in which the hospital or health care practitioner is located that such a forensic 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT "A" to S.P. 707, L.D. 1816 (s lJ g7 j 
examination has been performed and a forensic examination kit has been completed under 
Title 24, section 2986, subsection 5. 
Sec. 4. Sexual assault forensic examination ldt inventory, By June 1, 2026, 
all law enforcement agencies that receive, maintain, stol'e or preserve sexual assault 
forensic examination kits shall complete an inventory of all kits in their possession and 
shall report their findings to the Depaitment of Public Safety. At a minimum, reported 
findings to the department must include a breakdown by year by each agency of the number 
of: 
1. Completed kits received, including a breakdown of the number of these kits for 
which a victim of sexual assault has reported the alleged offense to a law enforcement 
agency and the number of these kits for which the victim of sexual assault has not repo1ted 
the alleged offense to a law enforcement agency; 
2. Completed kits for which a victim of sexual assault has repotted the alleged offense 
to a law enforcement agency and the kit has not been analyzed by a crime laboratory. For 
purposes of this section, "crime laboratory
has the same meaning as in the Maine Revised 
Statutes, Title 2S, section 2915-B, subsection 1, paragraph A; and 
3. Completed kits that have been returned to the law enforcement agency after analysis 
by a cl'ime laborato1y. 
The depattment shall compile all agency findings and present a repo1t of the invento1y 
by Januaty 1, 2027 to the joint standing committee of the Legislature having judsdiction 
over criminal justice and public safety matters. At the time the repo1t is presented, the 
depa1tment shall post the repo1t on its publicly accessible website. 
Sec. 5. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291 
Initiative: Provides funding for one Forensic Chemist II position, one DNA Forensic 
Analyst position and related costs to establish, operate and maintain a sexual assault 
forensic examination kit tracking system, perform an invento1y of all kits and develop an 
annual repo1t on the tracking system. 
GENERAL FUND 
2025-26 
2026-27 
POSITIONS - LEGISLATIVE COUNT 
2.000 
2.000 
Personal Services 
$146,877 
$151,978 
All Other 
$80,389 
$64,139 
Capital Expenditu1·es 
$26,000 
$0 
GENERAL FUND TOTAL 
$253,266 
$216,117 
HIGHWAY FUND 
2025-26 
2026-27 
Personal Services 
$79,088 
$81,834 
All Other 
$43,287 
$34,537 
Capital Expenditures 
$14,000 
$0 
COMMITTEE AMENDMENT 
COMMJITEEAMENDMENT" A··· $,P, 707, L,D, 1816 [S,l('J7J 
HIGHWAY FUND TOTAL 
$136,375 
$116,371 
Amend the bill by relettering or renumbering any nonconsecutive Pait letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the minority 1·epo1t of the committee, adds a mandate 
preamble and makes technical changes to the provisions of the bill requiring the 
Department of Public Safety to maintain a tracking system for all completed forensic 
examination kits to add clal'ity, including by clarifying that a completed forensic 
examination kit may be processed by either the Maine State Police Crime Laborntory 
located in Augusta 01· another accredited laborntoty that provides forensic services to law 
enforcement agencies for the purpose of analyzing forensic examination kits. 
The 
amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUffiED 
S 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/28/25 I-RI-
LD 1816 
LR 1224(02) 
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 La·w Enforcement 
Fiscal Note for Bill as Amended by Committee Amendment ''/Jr' l )' 4Jl\ 
Committee: Judiciary 
) 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropl'iatious/Allocations 
General Fund 
Highway Fund 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate" Unfunded 
$253,266 
$136,375 
$253,266 
$136,375 
FY 2026-27 
$216,117 
$116,371 
$216,117 
$116,371 
Requires law enforcement agencies to provide the Department of Public Safety 
tracking information for each municipality /county where a forensic examination kit 
was entered into the system and complete an inventory off all kits in its possession. 
Projections 
FY 2027"28 
$221,588 
$119,317 
$221,588 
$119,317 
Unit Affected 
Municipality 
.County 
Projections 
FY 2028"29 
$227,256 
$122," 
$227,256 
$122,369 
Local Cost 
Moderate 
statewide 
The required local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill 
does require a local unit of government to expand or modify its activities so as to necessitate additional expendih1res 
from local l'evenue> the state mandate provisions of the Constitution of Maine require either: ( l) General Fund 
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a 
Mandate Preamble be added to the bill and two-thirds of the membel's of each House vote to exempt the mandate from 
the funding requirement. If the bill does represent a state mandate and neither one of these actions occurs, the local 
units of government will not be required to implement the mandated activities. 
Fiscal Detail and Notes 
The bill includes General Fund appropriations to the Department of Public Safety of $253,266 in fiscal year 2025"26 
and $216,117 in fiscal year 2026-27 and Highway Fund allocations of $136,375 in fiscal year 2025-26 and $116,3~ 
in fiscal year 2026"27 for one Forensic Chemist II position, one DNA Forensic Analyst position and related costs to 
establish, operate and maintain a sexual assault forensic examination kit tracking system, perforn1 an inventory of all 
kits and develop an annual report on the tracking system. 
LR1224(02) - Fiscal Note - Page 1 of l