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| Sec. 5. 30-A MRSA §287, sub-§1, as repealed and replaced by PL 1991, c. | | 101, is amended to read: |
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| | | 1. Payment of expenses by district attorney. Except as | | provided in subsection 2, in all cases reported to a law | enforcement officer of sexual abuse of crimes against minors, or | assault when serious bodily injury has been inflicted and gross | sexual assault, the office of the district attorney of the county | | in which the alleged crime occurred shall pay the expenses of a | | physical examination of the victim conducted for the purpose of | | obtaining evidence for the prosecution. Pursuant to Title 5, | | section 3360-M, the Victims' Compensation Board shall pay the | | expenses of forensic examinations for alleged victims of gross | | sexual assault. |
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| | | Sec. 6. 30-A MRSA §287, sub-§2-A is enacted to read: |
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| | | 2-A.__Drug and alcohol testing.__Notwithstanding subsections 1 | | and 2 and Title 5, section 3360-M, the district attorney shall | | pay the expense of any analysis of a drug or alcohol test | | performed as part of a forensic examination of an alleged victim | | of gross sexual assault when the purpose of the analysis is to | | obtain evidence for the prosecution. |
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| | | Sec. 7. 30-A MRSA §287, sub-§3, as amended by PL 1989, c. 104, Pt. C, | | §§8 and 10, is further amended to read: |
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| | | 3. Medical personnel not liable for furnishing reports, | records or testimony. No A physician, nurse, hospital, clinic or | | any other person, firm or corporation attending a victim under | subsection 1 may be is not liable in damages or otherwise for | | providing reports or records, copies of reports or records or for | | their testimony relating to any examination performed under this | | section when those reports, records or testimony are provided to | | a district attorney, a law enforcement officer or a court for the | | purpose of prosecuting the alleged crime, whether or not the | | reports, records or testimony are provided with the written | | authorization of the victim examined under this section. |
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| | | Sec. 8. 30-A MRSA §287, sub-§4, as amended by PL 1997, c. 333, §1, is | | repealed. |
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| | | Sec. 9. Rulemaking. Notwithstanding the effective date section of | | this Act, the Victims' Compensation Board shall begin its rule- | | making process pursuant to the Maine Revised Statutes, Title 5, | | section 3360-M, subsections 2 and 5 when this Act is approved. | | Notwithstanding the effective date section of this Act, the | | Department of Public Safety shall begin its rule-making |
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