SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 3089

STATE OF NEW JERSEY

221st LEGISLATURE

  ADOPTED OCTOBER 21, 2024

 

 

Sponsored by:

Senator  JOSEPH P. CRYAN

District 20 (Union)

Senator  TROY SINGLETON

District 7 (Burlington)

 

Co-Sponsored by:

Senator Gopal

 

 

 

 

SYNOPSIS

     Concerns sexual assault forensic evidence kits.

 

CURRENT VERSION OF TEXT

     Substitute as adopted by the Senate Law and Public Safety Committee.

  

 

 

An Act concerning sexual assault forensic evidence kits and supplementing Title 52 of the Revised Statutes.

 

     Be It Enactedby the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Every State, county, and municipal law enforcement agency shall submit every sexual assault forensic evidence kit collected from a victim, who has consented to the release of the evidence to law enforcement, to the appropriate forensic laboratory for testing as follows:

     (1)   Every sexual assault forensic evidence kit collected after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall be submitted within 10 calendar days of the victim's sexual assault medical forensic examination;

     (2)   Every sexual assault forensic evidence kit collected by law enforcement from July 1, 2019 through the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall be submitted by April 1, 2025; and

     (3)   Every remaining sexual assault forensic evidence kit collected by law enforcement shall be submitted in accordance with guidelines promulgated by the Division of Criminal Justice.  The division shall promulgate these guidelines no later than December 31, 2025.

     b.    Every medical facility or other facility that conducts sexual assault medical forensic examinations shall notify the appropriate law enforcement agency immediately, but in no case more than 24 hours, after the collection of a new sexual assault forensic evidence kit where the victim consents to the release of the evidence to law enforcement.

     c.     A law enforcement agency that receives a notification pursuant to subsection b. of this section shall take possession of the sexual assault forensic evidence kit within three business days of the notification and submit the sexual assault forensic evidence kit to the appropriate forensic laboratory in accordance with the timeframe set forth in paragraph (1) of subsection a. of this section.

     d.    Every sexual assault forensic evidence kit collected from a victim who has not reported the crime to law enforcement or has not consented to the release of the evidence to law enforcement shall be retained in a manner that preserves the evidence for a minimum of 20 years from the date of collection, and where the victim is a minor, for a minimum of 20 years after the victim reaches the age of 18.

     e.     The victim shall have the right to report the crime to law enforcement and submit the sexual assault forensic evidence kit for testing at any time until the end of the retention period as set forth in subsection d. of this section.

     f.     The Attorney General shall issue or amend guidelines or directives necessary to effectuate the provisions of this section.

 

     2.    This act shall take effect immediately.