An Act to Establish a
Maine Legislature, Session 132, LD 0549
Committee Amendment CA_B_S429 (Senate)
Amends: 24 MRSA §2986, 25 MRSA §2915-B, 25 MRSA §3821, 25 MRSA §3822

COMMITTEE AMENDMENT ,3 "to S.P. 199, L.D. 549, "An Act to Establish a 
Statewide Sexual Assault Forensic Examination Kit Tracking System and Update Certain 
Requirements Regarding Sexual Assault Forensic Examination Kits" 
Amend the bill by inserting after the title and before the emergency preamble the 
following: 
'Mandate preamble. This measure requil'es one or more local units of government 
S 
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. PUl'suantto 
the Constitution of Maine, Article 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 stl'iking out eve1ything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec, 1. 24 MRSA §2986, sub-§3, as amended by PL 2025, c. 109, §3, is further 
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 8- 20 years. The completed kit may be 
identified only by the tracking number. If during that storage pel'iod a victim decides to 
report the alleged offense to a law enforcement agency, the victim may contact the hospital 
01· health care practitioner to determine the tracking number. The hospital or health care 
practitioner shall provide the victim with the tracking number on the forensic examination 
kit and shall inform the victim which law enforcement agency is storing the kit. 
If the victim repo1ts 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 I • 132LR0053(03) 
COMMITTEE AMENDMENT 
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COMMl1TEE AMENDMENT" B" to S.P. 199, L.D. 549 (1s,.4'd~ 
If an examination is performed under subsection 5 and the victim does not, within 60 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 the storing or prnoessing 
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
1s 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 
transp01ted to the Maine State Police Crime Laboratory for prnoessiag analysis in 
accordance with the laboratory1s practices and procedures, 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 heal'ings required under this parng1·aph confidentially and in camera 
and may impound pleadings and other records related to them. 
A law enforcement agency shall store a completed forensic examination kit involving 
sexual assault for 20 years regardless of whether the alleged offense is reported to a law 
enforcement agency. 
Sec. 2. 25 MRSA §2915-B is enacted to read: 
§2915~B. 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. 
11Cl'ime laborat01y
means the Maine State Police Crime Laborat01y located in 
Augusta or another accredited laboratory that provides forensic services to law 
enforcement agencies for the purpose of analyzing forensic examination kits. 
B. 
11Depa1tment
means the Department of Public Safety. 
C. "Forensic examination kit° or "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. 
11Law enforcement agency
means the State Police. a county law enforcement 
agency or a municipal law enforcement agency. 
E. 
11Licensed 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 pa1tnership or corporation made up of such 
health care prnctitioners. 
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 depa1tment pursuant to subsection 2. 
2. Fol'ensic examination kit tracking system. The depa1tment shall operate and 
maintain a tracking system for all completed forensic examination kits. regardless of 
whether the alleged offense relating to the kit was rep01ted 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"~" to S.P. l99, L.D. 549 ( $' L{'J ~ 
hospitals and licensed health care providet·s that perform forensic examinations for victims 
of sexual assault. 
A. The depatiment 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 
department1s duties related to the tracking system. 
B. Approved users shall adhere to the following procedures when entel'ing information 
for each kit into the trncking system. which must, at a minimum, collect the following 
information. 
(1) A crime laborato1y shall enter into the tracking system each new and unused 
kit and record each kit1s intended destination before the kit leaves the possession 
of the crime labomto1y. 
(2) A licensed health care prnvider shall enter into the tracking system: 
(a) The date the licensed health care provider receives each kit from a crime 
laborato1y: 
(b) The date a particular kit is used for evidence collection, is discarded based 
on damage to the kit or is used for training; and 
(c) The date a completed kit is transfel'l'ed to a law enforcement agency. the 
name of the la,v enforcement agency to which the kit was transferred and, to 
the extent known to the licensed health care provider. whether the victim of 
sexual assault from whom the forensic evidence in the kit was collected has 
1·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 trnnsfers a completed kit to a crime 
laboratory and the name of the crime laboratory to which the kit was 
transferred; and 
(c) The date-the law enforcement agency reports to a prosecuting attomey that 
a forensic examination has been performed pursuant to Title 24, section 2986. 
(4) A crime laboratory shall identify when it has conducted an analysis of a 
completed kit and enter into the tracking system the date of the analysis, 
(5) A law enforcement agency that receives a kit after analysis from a crime 
laborat01y shall enter into the trncking system the date it received the kit and 
whether that kit was stored or 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 forensic evidence has been collected 
using a kit must have access to the tracking system on an anonymous and secure 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "1)" to S.P. 199, L.D. 549 l, $-l.\9-q) 
basis for the purposes ofreceiving updates regarding the kit and tracking the status 
of the kit. 
(2) A licensed health cat'e provider. law enforcement agency. prosecuting attorney 
or any other entity in possession of a kit must have access to the tracking system 
for the purposes of entering. updating and tracking the status and location of the 
kit. 
3. Participation required. Law enforcement agencies, licensed health care providers, 
crime laboratories and prosecuting attorneys in the State shall participate in the tracking 
system on the schedule and in the manner requit'ed by department rules adopted pursuant 
to subsection 7. 
4. Immunity. A person 01· entity required by subsection 3 to patiicipate 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 7. 
5. Confidentiality. The trncking system and all information in the tracking system is 
• confidential. 
6. Report. The depatiment shall report to the joint standing committee of the 
Legislature having jurisdiction over criminal justice and public safety matters and the 
Governor by Januaty 1. 2027. and annually thereafter. regarding the tracking system. The 
report may include recommendations from the department fo1• 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 completed kits in the trncking system. including: 
(1) The number of completed kits for which a victim of sexual assault has rep01ted 
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 
reported 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; 
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 yictim of sexual assault has reported 
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 
repo1ied 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; 
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 
COMMITTEE AMENDMENT 
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COMMITl'EE AMENDMENT''£::>" to S.P. 199, L.D. 549 L~l\9~ 
D. The number of reported forensic examination kits entered into the tracking system 
for more than one yea1· 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. 
7. 
Rules. The commissioner shall adopt rules to govern pa1ticipation in 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 trncking 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. l 09, §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 
11strnngulation
has the same meaning as in Title 17-A, section 208, 
subsection 1, paragraph C. 
If a victim of sexual assault or strnngulation 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 manufactm·er, to its evidence storage facility. +l¼e 
lav, eafoFoe.fl'lent age.aoy shall store the foreasie e*a1'1'1i1-1atioa kits i1-11i•ol:vieg sex:ual assa1;1lt 
fop 20 years aaa forensio e~tat'l'lieatioR kits iw,iol:r;ing oaly stra1-1gHlation for 6 years, If 
E:!1;1ri1-1:g that storage perioe the vietifll repo1·ts tl~e offense to a lav,c enforoen1ent ageaoy, the 
itwestigatiag agency shall take possessioH of the forensic e*aflliaatio1-1 kit. 
If a victim of sexual assault or strangulation has a forensic examination and has 
reported 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 transported 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 fo1· 20 years and forensic examination kits involving only strangulation for 6 years. 
regardless of whether the alleged offense relating to the kit is 1·eported to a law enforcement 
agency. 
In the case of a forensic 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 01· health care practitioner is located that such a forensic 
examination has been performed and a forensic examination kit has been completed under 
Title 24, section 2986, subsection 5. 
COMMITTEE AMENDMENT 
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COMMITfEE AMENDMENT" 6" to S.P. 199, L.D. 549 ( ~ l_\~C\) 
Sec. 4. 25 MRSA §3822 is enacted to read: 
§3822. Mandato1·y analysis of certain completed forensic examination kits 
If a forensic examination kit is completed after January 1, 2027. and the victim of 
sexual assault reports that alleged offense to a law enforcement agency, either by the time 
the forensic examination is complete or during the storage period of that kit. the completed 
forensic examination kit must be transferred to a crime laboratoty for analysis in 
accordance with laborato1y practice and procedure unless the victim specifically requests 
that the kit not be analyzed. For pUl'poses of this section, "crime laborato1y
has the same 
meaning as in section 2915-B, subsection 1. paragraph A and "sexual assault" means any 
crime enumerated in Title 17-A. chapter 11. 
Sec, 5. Sexual assault forensic examination kit inventory, By June 1, 2026, 
all law enforcement agencies that receive, maintain, store 01· preserve sexual assault 
forensic examination kits shall complete an invento1y of all kits in their possession and 
shall report their findings to the Depa1tment 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 repo1ied 
the alleged offense to a law enforcement agency; 
2. Completed kits for which a victim of sexual assault has reported the alleged offense 
to a law enforcement agency and the kit has not been analyzed by a crime labornto1y. For 
pmposes of this section, "crime laborato1y
has the same meaning as in the Maine Revised 
Statutes, Title 25, section 2915-B, subsection 1, paragraph A; and 
3. Completed kits that have been returned to the law enforcement agency after analysis 
by a crime laboratory. 
The depa1tment shall compile all agency findings and present a report of the inventory 
by January 1, 2027 to the joint standing committee of the Legislature having jurisdiction 
over criminal justice and public safety matters. At the time the repo1t is presented, the 
department shall post the repott on its publicly accessible website. 
Sec. 6. 
Appropriations and allocations. The following appropriations and 
allocations are 111ade. 
PUBLIC SAFETY, i>EP ARTMENT OF 
State Police 0291 
Initiative: Provides funding for one Forensic Chemist II position, one Forensic Chemist I 
position, 2 DNA Forensic Analyst positions and related costs to operate and maintain a 
sexual assault forensic examination kit tracking system, perform an invent01y of all kits 
and develop an annual rep01t on the tracking system. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
2025~26 
4.000 
$289,930 
$82,454 
COMMITTEE AMENDMENT 
2026-27 
4.000 
$372,002 
$42,154 
COMMJTfEE AMENDMENT"£;' to S.P. 199, L.D. 549 ( 5,-l_.\~) 
GENERAL FUND TOTAL 
ffiGHWAY FUND 
Personal Services 
All Other 
HIGHWAY FUND TOTAL 
$372,384 
2025-26 
$156,116 
$44,398 
$200,514 
$414,156 
2026-27 
$200,309 
$22,698 
$223,007 
Amend the bill by relettering or renumbering any nonconsecutive Patt letter or section 
number to 1·ead consecutively, 
SUMMARY 
This amendment, which is the minority repott of the committee, adds a mandate 
preamble to the bill and removes the requirement that, beginning Januaty 1, 2027, and 
eve1y 5 years thereafter, all completed forensic examination kits for which a victim of 
sexual assault has repotted the alleged offense to a law enforcement agency must be 
transported to the Maine State Police Crime Laborato1y and be analyzed on a rolling basis, 
beginning with kits most recently stored. The amendment also removes the provisions of 
the bill requiring establishment of a process for a victim of sexual assault who has not 
reported the alleged offense to a law enforcement agency to sign a consent form requiring 
analysis of the kit by the Maine State Police Cl'ime Laboratory. 
The amendment instead requires the analysis by a crime laboratory of all forensic 
examination kits completed after Januaiy 1, 2027 if a victim of sexual assault reports that 
alleged offense to a law enforcement agency either by the time the forensic examination is 
complete or during the storage pel'iod of that kit unless the victim specifically requests that 
the kit not be analyzed. 
The amendment makes technical changes to the bill to add clarity, including by 
cla1'ifying that a completed forensic examination kit may be processed by either the Maine 
State Police Crime Laboratory located in Augusta or another accredited laboratoty that 
provides forensic services to law enforcement agencies fol' the purpose of analyzing 
forensic examination kits. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
.. 
COMMITTEE AMENDMENT 
Approved: 05/30/25 LRL-
LD549 
LR 53(03) 
An Act to Establish a Statewide Sexual Assault Forensic Examination Kit Tracking System and 
Update Certain Requirements Regarding Sexual Assault Forensic Examination Kits 
Fiscal Note for Bill as Amend eel by Committee Ame~1dment B" ( s-~Gfl) 
Committ~e: Judiciary 
. 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/Allocations 
General Fund 
Highway Fund 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
FY 2025-26 
FY 2026-27 
$372,384 
$414,156 
$200,514 
$223,007 
$372,384 
$414,156 
$200,514 
$223,007 
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 of all kits in its possession. 
Projections 
FY 2027-28 
$452,698 
$243,760 
$452,698 
$243,760 
Unit Affected 
Municipality 
County 
Projections 
FY 2028-29 
$495,230 
$266,662 
$49 
$266,vci2 
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 1;eqi1ire a local unit of government to expand or modify its activities so as to necessitate additional expenditures 
fro_m local revenue, the state mandate provisions of the Constitution of Maine require eithe1·: (1) 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 members of each House vote to exempt the mandate from 
the funding requirement. If the bill does represent a state mandate and neither oi1e 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 $372,384 in fiscal year 2025-26 
and $414,156 in fiscafyear 2026-27 and Highway Fund allocations of $200,514 in fiscal year 2025-26 and $223,007 
in fiscal year 2026-27 for one Forensic Chemist II position, olie Forensic Chemist I position, two DNA Forensic· 
Analyst positions, one-time costs for a mobile Crime Lab office and related costs to establish, operate and maint' 
sexual assault forensic examination kit tracking system, perform an invento1y of all kits and develop an annual repvft 
on the tracking system. 
LR0053(03) - Fiscal Note - Pnge l of l