S1445

An Act concerning DNA testing and amending and supplementing P.L.1994, c.136.

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

1. Section 2 of P.L.1994, c.136 (C.53:1-20.18) is amended to read as follows:

2. The Legislature finds and declares that DNA databanks are an important tool in criminal investigations and in deterring and detecting recidivist acts. It is the policy of this State to assist federal, state and local criminal justice and law enforcement agencies in the identification and detection of individuals who are the subjects of criminal investigations. It is therefore in the best interest of the State of New Jersey to establish a DNA database and a DNA databank containing:

a. blood or other biological samples submitted by every person convicted or found not guilty by reason of insanity of a crime[. It is also in the best interest of the State of New Jersey to include in this DNA database and DNA databank];

b. blood or other biological samples submitted by juveniles adjudicated delinquent or adjudicated not delinquent by reason of insanity for acts, which if committed by an adult, would constitute a crime; and

c. blood or other biological samples collected pursuant to a medical examination of a sexual assault victim.

(cf: P.L.2003, c.183, s.1)

2. Section 5 of P.L.1994, c.136 (C.53:1-20.21) is amended to read as follows:

5. Tests shall be performed on each blood or other biological sample submitted pursuant to section 4 of P.L.1994, c.136 (C.53:1-20.20) or section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) in order to analyze and type the genetic markers contained in or derived from the DNA. Except insofar as the use of the results of these tests for such purposes would jeopardize or result in the loss of federal funding, the results of these tests shall be used for the following purposes:

a. For law enforcement identification purposes;

b. For development of a population database;

c. To support identification research and protocol development of forensic DNA analysis methods;

d. To assist in the recovery or identification of human remains from mass disasters or for other humanitarian purposes;

e. For research, administrative and quality control purposes;

f. For judicial proceedings, by order of the court, if otherwise admissible pursuant to applicable statutes or rules;

g. For criminal defense purposes, on behalf of a defendant, who shall have access to relevant samples and analyses performed in connection with the case in which the defendant is charged; and

h. For such other purposes as may be required under federal law as a condition for obtaining federal funding.

The DNA record of identification characteristics resulting from the DNA testing conducted pursuant to this section shall be stored and maintained in the State DNA database and forwarded to the FBI for inclusion in CODIS. The DNA sample itself will be stored and maintained in the State DNA databank.

(cf: P.L.2003, c.183, s.4)

3. Section 8 of P.L.1994, c.136 (C.53:1-20.24) is amended to read as follows:

8. a. It shall be the duty of the division to store, analyze, classify and file in the State database and with the FBI for inclusion in CODIS the DNA record of identification characteristic profiles of DNA samples submitted pursuant to section 4 [of this act] of P.L.1994, c.136 (C.53:1-20.20) or section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) and to make such information available from the State database as provided in this section. The division may contract out DNA typing analysis to a qualified DNA laboratory that meets established guidelines. The results of the DNA profile of individuals in the State database shall be made available to local, State or federal law enforcement agencies, and approved crime laboratories which serve these agencies, upon written or electronic request and in furtherance of an official investigation of a criminal offense. These records shall also be available upon receipt of a valid court order issued by a judge of the Superior Court directing the division to release these results to appropriate parties not listed above. The division shall maintain a file of such court orders.

b. The division shall adopt rules governing the methods of obtaining information from the State database and CODIS and procedures for verification of the identity and authority of the requester.

c. The division shall create a separate population database comprised of records obtained pursuant to this act after all personal identification is removed. Nothing shall prohibit the division from sharing or disseminating population databases with other law enforcement agencies, and crime laboratories that serve these agencies, upon written or electronic request and in furtherance of an official investigation of a criminal offense, or other third parties deemed necessary to assist with statistical analysis of the population databases. The population database may be made available to and
searched by other agencies participating in the CODIS system.

(cf: P.L.1994, c.136, s.8)

4. (New section) With the informed consent of the victim, an investigating law enforcement agency shall submit or cause to be submitted to the division biological samples collected pursuant to a medical examination of a victim of sexual assault.

5. This act shall take effect on the first day of the seventh month following enactment, but the Attorney General and the Superintendent of the Division of State Police may take such anticipatory administrative action as is necessary to implement the provisions of this act.

STATEMENT

The bill provides for the expanded collection of DNA samples to assist in the apprehension and prosecution of sex offenders.

Under current law, a collection of DNA samples is maintained by the Division of State Police containing samples collected from persons convicted of certain crimes or adjudged delinquent for offenses which if committed by an adult would be crimes. DNA samples maintained by the Division of State Police are shared with federal law enforcement and used for a number of purposes, enumerated in section 5 of P.L.1994, c.136 (C.53:1-20.21), including: law enforcement, criminal defense, identification of human remains after mass disasters, research, and judicial proceedings. The bill would expand the collection of DNA samples to include collecting samples pursuant to a medical examination of a sexual assault victim with the consent of the victim.

The bill is based on similar legislation from New Mexico.