A825

An Act concerning DNA evidence and amending N.J.S.2C:1-6.

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

1. N.J.S.2C:1-6 is amended to read as follows:

2C:1-6. Time Limitations. a. (1) A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time.

(2) A prosecution for any offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9), section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212 (C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977, c.74 (C.58:10A-10) may be commenced at any time.

b. Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitations:

(1) A prosecution for a crime must be commenced within five years after it is committed;

(2) A prosecution for a disorderly persons offense or petty disorderly persons offense must be commenced within one year after it is committed;

(3) A prosecution for any offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6, N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or conspiracy to commit such an offense, must be commenced within seven years after the commission of the offense;

(4) A prosecution for an offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the time of the offense is below the age of 18 years, must be commenced within five years of the victim's attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later;

(5) (Deleted by amendment, P.L.2007, c.131).

c. An offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis, time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence, and a match between the physical evidence and DNA or fingerprint evidence has been confirmed.

d. A prosecution is commenced for a crime when an indictment is found and for a nonindictable offense when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay. Nothing contained in this section, however, shall be deemed to prohibit the downgrading of an offense at any time if the prosecution of the greater offense was commenced within the statute of limitations applicable to the greater offense.

e. The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this State.

f. The limitations in this section shall not apply to any person fleeing from justice.

g. Except as otherwise provided in this code, no civil action shall be brought pursuant to this code more than five years after such action accrues.

(cf: P.L.2007, c.131)

2. This act shall take effect immediately.

STATEMENT

This bill clarifies that the statute of limitations in cases involving physical evidence and DNA or fingerprint evidence tolls until confirmation of a match of certain evidence.

N.J.S.A.2C:1-6 sets forth time limitations for the prosecution of various offenses. Subsection c. of N.J.S.A.2C:1-6 establishes a timeframe for prosecution of most crimes, but carves out an exception for circumstances in which the prosecution includes DNA or fingerprint evidence; the exception tolls the statutory limitation period. In those cases, subsection c. of N.J.S.A.2C:1-6 provides that “time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.”

In State v. Thompson, 22 N.J. LEXIS 463, the New Jersey Supreme Court interpreted the exception language of subsection c. of N.J.S.A.2C:1-6 to mean the Legislature intended that the statute of limitation in cases involving DNA evidence begins “when the State possesses the physical evidence from the crime as well as the DNA sample from the defendant, not when a match is confirmed.” This bill clarifies that the statute of limitations begins to run when a match between the physical evidence and DNA or fingerprint evidence has been confirmed.