An Act To Improve the Investigation and Prosecution of Sexual Assault Cases

Sec. 1. 25 MRSA c. 411  is enacted to read:

CHAPTER 411

SUBMISSION OF SEXUAL ASSAULT CASES FOR REVIEW FOR PROSECUTION

§ 3851.  Submission of sexual assault cases for review for prosecution

A law enforcement agency in possession of a complaint for an alleged sexual assault under Title 17-A, chapter 11 shall within 60 days of receiving the complaint inform the appropriate prosecutor of any evidence and submit the complaint for review and a decision by the prosecutor regarding further investigation and commencement of prosecution. Failure of a law enforcement agency to inform the appropriate prosecutor of any evidence and submit a complaint to the appropriate prosecutor within 60 days as required by this section does not affect the validity of a later submission and prosecution.

summary

This bill requires a law enforcement agency, within 60 days of receiving a complaint for an alleged sexual assault, to inform the appropriate prosecutor of any evidence and submit the complaint to the appropriate prosecutor for review and a decision by the prosecutor regarding further investigation and commencement of prosecution. Failure of a law enforcement agency to do so does not affect the validity of a later submission and prosecution.