| | 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. |
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| 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. |
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| | 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. |
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| | 4. Rules. Rules adopted pursuant to this section are routine | technical rules as defined in Title 5, chapter 375, subchapter | II-A 2-A. |
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| | Sec. 24. 25 MRSA §3821, as enacted by PL 1999, c. 719, §4 and | affected by §11, is amended to read: |
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| §3821. Transportation and storage of forensic examination kits |
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| | 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. |
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| | 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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