LD 2673
pg. 5
Page 4 of 9 An Act to Implement the Recommendations of the Commission to Propose an Alterna... Page 6 of 9
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LR 3894
Item 1

 
Sec. 5. 30-A MRSA §287, sub-§1, as repealed and replaced by PL 1991, c.
101, is amended to read:

 
1. Payment of expenses by district attorney. Except as
provided in subsection 2, in all cases reported to a law
enforcement officer of sexual abuse of crimes against minors, or
assault when serious bodily injury has been inflicted and gross
sexual assault, the office of the district attorney of the county
in which the alleged crime occurred shall pay the expenses of a
physical examination of the victim conducted for the purpose of
obtaining evidence for the prosecution. Pursuant to Title 5,
section 3360-M, the Victims' Compensation Board shall pay the
expenses of forensic examinations for alleged victims of gross
sexual assault.

 
Sec. 6. 30-A MRSA §287, sub-§2-A is enacted to read:

 
2-A.__Drug and alcohol testing.__Notwithstanding subsections 1
and 2 and Title 5, section 3360-M, the district attorney shall
pay the expense of any analysis of a drug or alcohol test
performed as part of a forensic examination of an alleged victim
of gross sexual assault when the purpose of the analysis is to
obtain evidence for the prosecution.

 
Sec. 7. 30-A MRSA §287, sub-§3, as amended by PL 1989, c. 104, Pt. C,
§§8 and 10, is further amended to read:

 
3. Medical personnel not liable for furnishing reports,
records or testimony. No A physician, nurse, hospital, clinic or
any other person, firm or corporation attending a victim under
subsection 1 may be is not liable in damages or otherwise for
providing reports or records, copies of reports or records or for
their testimony relating to any examination performed under this
section when those reports, records or testimony are provided to
a district attorney, a law enforcement officer or a court for the
purpose of prosecuting the alleged crime, whether or not the
reports, records or testimony are provided with the written
authorization of the victim examined under this section.

 
Sec. 8. 30-A MRSA §287, sub-§4, as amended by PL 1997, c. 333, §1, is
repealed.

 
Sec. 9. Rulemaking. Notwithstanding the effective date section of
this Act, the Victims' Compensation Board shall begin its rule-
making process pursuant to the Maine Revised Statutes, Title 5,
section 3360-M, subsections 2 and 5 when this Act is approved.
Notwithstanding the effective date section of this Act, the
Department of Public Safety shall begin its rule-making


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