Bill Text: NJ A2810 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires sexual assault forensic evidence to be preserved for 10 years.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-02-20 - Introduced, Referred to Assembly Law and Public Safety Committee [A2810 Detail]
Download: New_Jersey-2020-A2810-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Requires sexual assault forensic evidence to be preserved for 10 years.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning sexual assault forensic evidence and supplementing Title 52 of the Revised Statutes
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Custodian" means any governmental, public or private person or entity within this State responsible for the storage of sexual assault forensic evidence, including, but not limited to, law enforcement agencies, prosecutors' offices, courts, health care facilities, and crime laboratories.
"Law enforcement agency" means municipal, county, State, or federal law enforcement agencies involved in the investigation of sexual assault cases in this State.
"Sexual assault forensic evidence" means forensic evidence collected in connection with a sexual assault investigation, including, but not limited to, evidence collected during a forensic sexual assault examination.
2. a. Sexual assault forensic evidence shall be retained for not less than 10 years from the date the evidence was collected, and where the alleged victim is a minor, for not less than 10 years after the alleged victim reaches the age of 18 regardless of whether the sexual assault crime has been reported to a law enforcement agency or the collected evidence has been released by the alleged victim to a law enforcement agency.
b. Within 30 days of the collection of evidence, the custodian of the sexual assault forensic evidence shall notify the alleged sexual assault victim that after 10 years, the evidence may be discarded.
The custodian of the sexual assault forensic evidence shall ensure that diligent efforts are made to contact the alleged sexual assault victim and repeat the notification more than 30 days prior to the sexual assault forensic evidence being discarded in accordance with this section.
c. The county prosecutor or the Director of the Division of Criminal Justice may authorize the destruction of the evidence after the 10-year preservation period.
After the expiration of the 10-year period, if the county prosecutor determines that the sexual assault forensic evidence should be destroyed, the county prosecutor shall notify the director to provide the division the opportunity to take custody of the sexual assault forensic evidence and assume responsibility for its continued retention.
d. The custodians of the sexual assault evidence may enter into contracts with other entities that will ensure appropriate storage of sexual assault forensic evidence pursuant to this section.
3. This act shall take effect immediately.
STATEMENT
This bill would require every custodian of sexual assault forensic evidence to preserve any sexual assault forensic evidence secured in relation to an investigation or prosecution of a crime for 10 years from the date the evidence was collected, and where the alleged victim is a minor, for not less than 10 years after the alleged victim reaches the age of 18. Currently, under Attorney General Guidelines, sexual assault forensic evidence is to be preserved by the county prosecutor for at least five years. After five years, the Attorney General's Office may take possession of the evidence and continue to preserve it.
The bill's provisions apply to all sexual assault forensic evidence collected and retained for its potential evidentiary value in the investigation of a rape or sexual assault, including any forensic evidence collected and retained before the effective date of this act.
The bill also requires the custodian of sexual assault forensic evidence to notify the alleged victim within 30 days after the evidence is collected that the evidence may be discarded after 10 years. The bill further requires that the custodian make diligent efforts to notify the alleged victim more than 30 days prior to the sexual assault forensic evidence being discarded.
It is crucial that sexual assault forensic evidence be appropriately preserved so that it can be used to solve old crimes, enhance public safety, settle claims of innocence, and allow victims of sexual assault to report the crime to a law enforcement agency when they are mentally and emotionally prepared to do so.
