An Act To Support Sexual Assault Survivors
Sec. 1. 5 MRSA §3360-M, sub-§2-A is enacted to read:
Sec. 2. 5 MRSA §3360-M, sub-§6 is enacted to read:
The board shall adopt rules regarding retention, destruction and disposal of the results and any report from a forensic examination under this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3. 25 MRSA §2915, sub-§§5 and 6 are enacted to read:
The Chief of the State Police shall adopt rules regarding retention and destruction or disposal of the results and any report from a forensic examination under this section.
SUMMARY
This bill enacts protections for alleged victims of gross sexual assault that mirror protections provided in federal law. The bill contains the following provisions.
1. The bill requires a prosecutor or law enforcement agency to provide written information to an alleged victim concerning the right to undergo a forensic examination and the right to receive the results and any report resulting from a forensic examination unless disclosure to the alleged victim could impede or compromise an ongoing investigation or an ongoing prosecution.
2. The bill requires the prosecutor or law enforcement agency that has custody of the results and any report to retain the results and any report without charge until the expiration of the period of the statute of limitations. The bill requires the prosecutor or law enforcement agency, at least 60 days prior to destroying or disposing of the results and report, to provide notice of the intended destruction or disposal to the victim and allows for further retention upon the objection of the victim. The bill provides for routine technical rulemaking by the Chief of the State Police regarding retention and destruction or disposal of the results and any report.