CHAPTER 333
H.P. 1181 - L.D. 1672
An Act to Ensure Proper Training for Conducting Forensic Examinations of Victims of Sexual Assault
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, sexual assault continues to represent the most rapidly growing violent crime in America, claiming a victim every 45 seconds; and
Whereas, sexual assault can lead to serious biological and mental health trauma that must be addressed immediately; and
Whereas, the development of a community-based team approach may provide for the dignified and compassionate treatment of sexual assault victims; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §287, sub-§4, as enacted by PL 1993, c. 27, §1, is amended to read:
4. Standardized kit for evidence collection in cases of gross sexual assault. The Department of Public Safety shall determine by rule what constitutes a standardized kit for evidence collection in cases of gross sexual assault. A physician or other health care professional who conducts a physical examination of an alleged victim of gross sexual assault shall use a standardized evidence collection kit that meets the requirements established by rule of the Department of Public Safety.
A health care professional, other than a physician, who conducts a physical examination of an alleged victim of gross sexual assault must be trained in the proper evidence collection procedures for conducting such an examination.
Evidence collection results may not be excluded as evidence in any proceeding before any court of this State as a result of the failure to use the standardized evidence collection kit or as a result of the failure to be trained in the proper procedures for the collection of evidence required by this subsection.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 30, 1997.
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