An Act to Establish a
Maine Legislature, Session 132, LD 0549
Committee Amendment CA_A_S428 (Senate)
Amends: 24 MRSA §2986, 25 MRSA §2915-B, 25 MRSA §3821, 25 MRSA §3822

COMMITTEE AMENDMENT "fr,, to S.P. 199, L.D. 549, "An Act to Establish a 
Statewide Sexual Assault Forensic Examination Kit Tracking System and Update Cel1ain 
Requirements Regarding Sexual Assault Forensic Examination Kits,, 
Amend the bill by insetting 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, 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 striking out everything 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 repo1ted 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 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 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 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. 
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COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"/+ "to S.P. 199, L.D. 549 ( $- Lf;f 8) 
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 or not to report the alleged 
offense, the State may file a motion in the District Court relating to the storing or processing 
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 processing 
analyzing the kit and the likelihood of the 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 analysis in 
accordance with the laborato1y's 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 
Comt may conduct hearings required 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 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. "Crime laboratmy" means the Maine State Police Crime Laboratory located in 
Augusta or another accredited laboratory that provides 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" 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. "Law enforcement agency" means the State Police, a county law enforcement 
agency or a municipal law enfol'cement 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 01· 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 pursuant to subsection 2. 
2. Forensic examination kit tracking system, The depa11ment 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" A-" to S.P. 199, L.D. 549 ( $- ~i) 
hospitals and licensed health care providers that perform fOl'ensic examinations for victims 
of sexual assault. 
A. The department shall operate and maintain the tracking system through the use of 
department personnel and resources and may contract with public 01· private entities, 
including, but not limited to, software and technology providers, to accomplish the 
depa1tment's 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 laboratory 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 laboratory. 
(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 
laboratory; 
(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 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 provider, whether the victim of 
sexual assault from whom the forensic evidence in the kit was collected has 
reported 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 reported the alleged offense to a law enforcement 
agency: 
(b) The date the law enforcement agency transfers a completed kit to a crime 
laboratory and the name of the crime laborato1y to which the kit was 
transferred; and 
(c) The date the law enforcement agency reports to a prosecuting attorney 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 
laboratory shall enter into the tracking 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. 
(l) 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"A "to S.P. 199, L.D. 549 ( :S, l,}'JO 
basis for the purposes ofreceiving updates regarding the kit and trncking 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 
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 required by department rules adopted pursuant 
to subsection 7, 
4. Immunity. A person or entity required by subsection 3 to patticipate 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 tracking system and all information in the tracking system is 
confidential. 
6. 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 January 1, 2027, 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 completed kits in the tracking system, including: 
(1) The number of completed kits for which a victim 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 
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 victim of sexual assault has reported 
the alleged offense to a law enfOl'cement 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; 
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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COMMITTEE AMENDMENT "A "to S.P. 199, L.D. 549 ( y~l'J-i") 
D, The number ofreported 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. 
7. 
Rules. The commissioner shall adopt rules to govern participation 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 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 "strangulation" has the same meaning as in Title 17-A, section 208, 
subsection 1, paragraph C. 
If a victim of sexual assault or strangulation 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 tr_ansport the completed forensic examination kit, identified only 
by a tracking number assigned by the kit manufacturer, to its evidence storage facility. +he 
law enforcement agency shall store the forensic examination kits im•olving sexual assault 
for 20 years and forensic eKamination kits involving only strangulation fo1· 6 years. If 
during that storage period the victim reports the offense to a l1nv enfo1·cement agency, the 
investigating agency shall take possession of the forensic e~rnmination kit. 
If a victim of sexual assault 01· strangulation has a forensic examination and has 
rep01ted 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 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 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 or 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 
COMMI'ITEE AMENDMENT" }/' to S.P. 199, L.D. 549 ( $-- lj~) 
Sec. 4. 25 MRSA §3822 is enacted to read: 
§3822. Mandatory analysis of certain completed forensic examination kits 
If a forensic examination kit is completed after January 1, 2027, and the victim of 
sexual assault repmis 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 laboratory for analysis in 
accordance with laborato1y practice and procedure. For purposes of this section, "crime 
laboratory" 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 or preserve sexual assault 
forensic examination kits shall complete an inventory of all kits in their possession and 
shall report their findings to the Depa1iment of Public Safety. At a minimum, repotied 
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 reported 
the alleged offense to a law enforcement agency; 
2. Completed kits for which a victim of sex\lal assa\llt has reported 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 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 depa1iment 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 report is presented, the 
department shall post the report on its publicly accessible website. 
Sec, 6. 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 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 inventmy of all kits 
and develop an annual report on the tracking system. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2025-26 
4.000 
$289,930 
$82,454 
$372,384 
COMMITTEE AMENDMENT 
2026M27 
4.000 
$372,002 
$42,154 
$414,156 
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COMMITTEE AMENDMENT" A" to S.P. 199, L.D. 549 { S, f)ii) 
HIGHWAY FUND 
Personal Services 
All Other 
lllGHW A Y FUND TOTAL 
2025-26 
$156,116 
$44,398 
$200,514 
2026-27 
$200,309 
$22,698 
$223,007 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, adds a mandate 
preamble to the bill and removes the requirement that, beginning January 1, 2027, and 
every 5 years thereafter, all completed forensic examination kits for which a victim of 
sexual assault has reported the alleged offense to a law enforcement agency must be 
transported to the Maine State Police Cl'ime Laboratory 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 Crime Laboratory. 
The amendment instead requires the analysis by a crime laboratory of all forensic 
examination kits completed after January 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 period of that kit. 
The amendment makes technical changes to the bill to add clarity, including by 
clarifying that a completed forensic examination kit may be processed by either the Maine 
State Police Crime Laboratory located in Augusta or another accredited laborntory 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 REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/30/25 LRL 
LD549 
LR 53(02) 
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 Amended by Committee Amendment 'A"( c. , 1,,,J;f0 
Committee: Judiciary 
:) 
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Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/ Allocations 
General Fund 
Highway Fund 
State Mandates 
Required Activity 
Fiscal Note Requit'ed: Yes 
Fiscal Note 
State Mandate -Exempted 
FY2025-26 
FY2026-27 
$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 
$495,23\. 
$266,662 
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 govemment to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate provisions of the Constitution of Maine require either: (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 one of these actions occurs, the local 
units of govemment 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 fiscal year 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 JI position, one 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 maintain a 
sexual assault forensic examination kit tracking system, perform an inventory of all kits and develop an annual report 
on the tracking system. 
LR0053(02) - Fiscal Note - Page I of 1