LD 2673
pg. 4
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LR 3894
Item 1

 
2.__Use of uniform forensic examination kit.__A licensed
hospital or licensed health care practitioner that conducts
physical examinations of alleged victims of gross sexual assault
shall use the uniform standardized forensic examination kit
developed by the Department of Public Safety pursuant to
subsection 1.__A health care practitioner who conducts physical
examinations of alleged victims of gross sexual assault must be
trained in the proper evidence collection procedures for
conducting a forensic examination.

 
Evidence collection results may not be excluded as evidence in
any proceeding before any court of this State as a result of the
examiner's failure to use the standardized evidence collection
kit or as a result of the examiner's failure to be trained in the
proper procedures for the collection of evidence required by this
subsection.

 
3.__Furnishing of uniform forensic examination kit.__The
Department of Public Safety shall furnish the uniform forensic
examination kits to licensed hospitals and licensed health care
practitioners that perform forensic examinations of alleged
victims of gross sexual assault.

 
4.__Rules.__Rules adopted pursuant to this section are routine
technical rules as defined in Title 5, chapter 375, subchapter
II-A.

 
Sec. 4. 25 MRSA c. 407 is enacted to read:

 
CHAPTER 407

 
TRANSPORTATION AND STORAGE OF

 
FORENSIC EXAMINATION KITS FOR ALLEGED

 
VICTIMS OF GROSS SEXUAL ASSAULT

 
§3821. Transportation and storage of forensic examination kits

 
If an alleged victim of gross 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 kit, identified only by a tracking number assigned by
the hospital or health care practitioner, to its evidence storage
facility.__The law enforcement agency shall store the kit for at
least 90 days from the time of receipt.__If during that 90-day
period the alleged victim reports the offense to a law
enforcement agency, the agency storing the kit shall transport
the kit to the Maine State Police Crime Laboratory.


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