| | | 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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