§6203. Prohibition on use of evidence gathered during sexual assault forensic examination
1.
Use of evidence prohibited.
Evidence gathered during a sexual assault forensic examination may not be used:
A.
To prosecute a survivor for any Class D or Class E crime under Title 17‑A, chapter 45;
[PL 2023, c. 199, §1 (NEW).]
B.
To prosecute a survivor for any crime of criminal OUI under Title 29‑A, section 2411;
[PL 2023, c. 199, §1 (NEW).]
C.
To prosecute a survivor for any crime of failure to appear, failure to report or violation of condition of release under sections 1091, 1091‑A and 1092, respectively;
[PL 2023, c. 199, §1 (NEW).]
D.
As the basis of a motion to revoke any conditional release of the survivor under Title 17‑A, chapter 67;
[PL 2023, c. 199, §1 (NEW).]
E.
To prosecute a survivor for any civil violation or crime under Title 28‑A;
[PL 2023, c. 199, §1 (NEW).]
F.
To prosecute a survivor for engaging in prostitution under Title 17‑A, former section 853‑A; or
[PL 2023, c. 646, Pt. A, §19 (AMD).]
G.
To prosecute a survivor for any juvenile crime based on a violation of the laws set forth in paragraphs A to F.
[PL 2023, c. 199, §1 (NEW).]
[PL 2023, c. 646, Pt. A, §19 (AMD).]
2.
Use of evidence to justify search prohibited.
Evidence gathered during a sexual assault forensic examination may not be used as a basis to search for evidence to be used against the survivor for any of the following:
C.
Any crime of failure to appear, failure to report or violation of condition of release under sections 1091, 1091‑A or 1092, respectively;
[PL 2023, c. 199, §1 (NEW).]
D.
A motion to revoke any conditional release of the survivor under Title 17‑A, chapter 67;
[PL 2023, c. 199, §1 (NEW).]
F.
Engaging in prostitution under Title 17‑A, former section 853-A; and
[PL 2023, c. 646, Pt. A, §20 (AMD).]
G.
Any juvenile crime based on a violation of the laws set forth in paragraphs A to F.
[PL 2023, c. 199, §1 (NEW).]
[PL 2023, c. 646, Pt. A, §20 (AMD).]
SECTION HISTORY
PL 2023, c. 199, §1 (NEW). PL 2023, c. 646, Pt. A, §§19, 20 (AMD).