PUBLIC Law Chapter 538

If an examination is performed under subsection 5 and the alleged

victim does not, within 60 days, regain a state of consciousness

adequate to decide whether or not to report the alleged offense,

the State may file a motion in the District Court relating to

storing or processing the forensic examination kit.__Upon finding

good cause and after considering factors, including, but not

limited to, the possible benefits to public safety in processing

the kit and the likelihood of the alleged victim's regaining a

state of consciousness adequate to decide whether or not to report

the alleged offense in a reasonable time, the District Court may

order either that the kit be stored for additional time or that the

kit be transported to the Maine State Police Crime Laboratory for

processing, or such other disposition that the court determines

just.__In the interests of justice or upon motion by the State, the

District Court may conduct hearings required under this paragraph

confidentially and in camera and may impound pleadings and other

records related to them.

Sec. 2. 24 MRSA з2986, sub-зз5 and 6 are enacted to read:

5. Implied consent.__If an alleged victim of gross sexual
assault is unconscious and a reasonable person would conclude
that exigent circumstances justify conducting a forensic
examination, a licensed hospital or licensed health care
practitioner may perform an examination in accordance with the
provisions of this section.

A forensic examination kit completed in accordance with this
subsection must be treated in accordance with Title 25, section
3821 and must preserve the alleged victim's anonymity.__In
addition, the law enforcement agency shall immediately report to
the district attorney for the district in which the hospital or
health care practitioner is located that such a forensic
examination has been performed and a forensic examination kit has
been completed under this subsection.

6. Liability. A licensed hospital or licensed health care
practitioner in the exercise of due care is not liable for an act
done or omitted in performing a sexual assault forensic
examination under this section.

Sec. 3. 25 MRSA з3821, as enacted by PL 1999, c. 719, з4 and
affected by з11, is amended by adding at the end a new paragraph
to read:

In the case of a forensic examination performed under Title
24, section 2986, subsection 5, the law enforcement agency must
immediately notify the district attorney for the district in
which the hospital or health care practitioner is located that

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