LD 1195
pg. 13
Page 12 of 14 An Act To Protect Women and Children from Sexual Predators by Requiring the Sta... Page 14 of 14
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LR 837
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
rape 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 rape 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 rape.

 
4. Rules. Rules adopted pursuant to this section are routine
technical rules as defined in Title 5, chapter 375, subchapter
II-A 2-A.

 
Sec. 24. 25 MRSA §3821, as enacted by PL 1999, c. 719, §4 and
affected by §11, is amended to read:

 
§3821. Transportation and storage of forensic examination kits

 
If an alleged victim of gross sexual assault rape 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.

 
Sec. 25. 30-A MRSA §287, sub-§1, as amended by PL 1999, c. 719, §5 and
affected by §11, is further amended to read:


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