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A4202
ASSEMBLY, No. 4202
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
���� Requires collection of deoxyribonucleic acid sample
for certain crimes.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning collection of deoxyribonucleic acid sample
for certain crimes and amending P.L.1994, c.136.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 4 of P.L.1994,
c.136 (C.53:1-20.20) is amended to read as follows:
���� 4.��� a. On or after January
1, 1995 every person convicted of aggravated sexual assault and sexual assault
under N.J.S.2C:14-2 or aggravated criminal sexual contact and criminal sexual
contact under N.J.S.2C:14-3 or any attempt to commit any of these crimes and
who is sentenced to a term of imprisonment shall have a blood sample drawn or
other biological sample collected for purposes of DNA testing upon commencement
of the period of confinement.
���� In addition, every person
convicted on or after January 1, 1995 of these offenses, but who is not
sentenced to a term of confinement, shall provide a DNA sample for purposes of
DNA testing as a condition of the sentence imposed.� A person who has been convicted
and incarcerated as a result of a conviction of one or more of these offenses
prior to January 1, 1995 shall provide a DNA sample before parole or release
from incarceration.
���� Every person arrested for an
offense enumerated in this subsection shall provide a DNA sample for purposes
of DNA testing prior to the person's release from custody.
���� b.��� On or after January 1,
1998 every juvenile adjudicated delinquent for an act which, if committed by an
adult, would constitute aggravated sexual assault or sexual assault under
N.J.S.2C:14-2 or aggravated criminal sexual contact or criminal sexual contact
under N.J.S.2C:14-3, or any attempt to commit any of these crimes, shall have a
blood sample drawn or other biological sample collected for purposes of DNA
testing.
���� Every juvenile arrested for an
act which, if committed by an adult, would constitute an offense enumerated in
this subsection shall provide a DNA sample for purposes of DNA testing prior to
the juvenile's release from custody.
���� c.���� On or after January 1,
1998 every person found not guilty by reason of insanity of aggravated sexual
assault or sexual assault under N.J.S.2C:14-2 or aggravated criminal sexual
contact or criminal sexual contact under N.J.S.2C:14-3, or any attempt to commit
any of these crimes, or adjudicated not delinquent by reason of insanity for an
act which, if committed by an adult, would constitute one of these crimes,
shall have a blood sample drawn or other biological sample collected for
purposes of DNA testing.
���� d.��� On or after January 1,
2000 every person convicted of murder pursuant to N.J.S.2C:11-3, manslaughter
pursuant to N.J.S.2C:11-4, aggravated assault of the second degree pursuant to
paragraph (1) or (6) of subsection b. of N.J.S.2C:12-1, kidnapping pursuant to
N.J.S.2C:13-1, luring or enticing a child in violation of P.L.1993, c.291
(C.2C:13-6), endangering welfare of children pursuant to N.J.S.2C:24-4, except
for paragraph (2) of subsection a., or any attempt to commit any of these
crimes and who is sentenced to a term of imprisonment shall have a blood sample
drawn or other biological sample collected for purposes of DNA testing upon
commencement of the period of confinement.
���� In addition, every person
convicted on or after January 1, 2000 of these offenses, but who is not
sentenced to a term of confinement, shall provide a DNA sample as a condition
of the sentence imposed.� A person who has been convicted and incarcerated as a
result of a conviction of one or more of these offenses prior to January 1,
2000 shall provide a DNA sample before parole or release from incarceration.
���� Every person arrested for an
offense enumerated in this subsection shall provide a DNA sample for purposes
of DNA testing prior to the person's release from custody.
���� e.���� On or after January 1,
2000 every juvenile adjudicated delinquent for an act which, if committed by an
adult, would constitute murder pursuant to N.J.S.2C:11-3, manslaughter pursuant
to N.J.S.2C:11-4, aggravated assault of the second degree pursuant to paragraph
(1) or (6) of subsection b. of N.J.S.2C:12-1, kidnapping pursuant to
N.J.S.2C:13-1, luring or enticing a child in violation of P.L.1993, c.291
(C.2C:13-6), endangering welfare of children pursuant to N.J.S.2C:24-4, except
for paragraph (2) of subsection a., or any attempt to commit any of these
crimes, shall have a blood sample drawn or other biological sample collected
for purposes of DNA testing.
���� Every juvenile arrested for an
act which, if committed by an adult, would constitute an offense enumerated in
this subsection shall provide a DNA sample for purposes of DNA testing prior to
the juvenile's release from custody.
���� f.���� On or after January 1,
2000 every person found not guilty by reason of insanity of murder pursuant to
N.J.S.2C:11-3, manslaughter pursuant to N.J.S.2C:11-4, aggravated assault of
the second degree pursuant to paragraph (1) or (6) of subsection b. of N.J.S.2C:12-1,
kidnapping� pursuant to N.J.S.2C:13-1, luring or enticing a child in violation
of P.L.1993, c.291 (C.2C:13-6), endangering welfare of children pursuant to
N.J.S.2C:24-4, except for paragraph (2) of subsection a., or any attempt to
commit any of these crimes, or adjudicated not delinquent by reason of insanity
for an act which, if committed by an adult, would constitute one of these
crimes, shall have a blood sample drawn or other biological sample collected
for purposes of DNA testing.
���� g.��� Every person convicted
or found not guilty by reason of insanity of a crime or a specified disorderly
persons offense shall have a blood sample drawn or other biological sample
collected for purposes of DNA testing.� If the person is sentenced to a term of
imprisonment or confinement, the person shall have a blood sample drawn or
other biological sample collected for purposes of DNA testing upon commencement
of the period of imprisonment or confinement.� If the person is not sentenced
to a term of imprisonment or confinement, the person shall provide a DNA sample
as a condition of the sentence imposed.� A person who has been convicted or
found not guilty by reason of insanity of a crime prior to the effective date
of P.L.2003, c.183 or of a specified disorderly persons offense prior to the
effective date of P.L.2015, c.263 and who, on the effective date, is serving a
sentence of imprisonment, probation, parole or other form of supervision as a
result of the crime or is confined following acquittal by reason of insanity
shall provide a DNA sample before termination of imprisonment, probation,
parole, supervision or confinement, as the case may be.
���� h.��� Every juvenile
adjudicated delinquent, or adjudicated not delinquent by reason of insanity,
for an act which, if committed by an adult, would constitute a crime or a
specified disorderly persons offense shall have a blood sample drawn or other
biological sample collected for purposes of DNA testing.� If under the order of
disposition the juvenile is sentenced to some form of imprisonment, detention
or confinement, the juvenile shall have a blood sample drawn or other
biological sample collected for purposes of DNA testing upon commencement of
the period of imprisonment, detention or confinement.� If the order of
disposition does not include some form of imprisonment, detention or
confinement, the juvenile shall provide a DNA sample as a condition of the disposition
ordered by the court.� A juvenile who, prior to the effective date of P.L.2003,
c.183, has been adjudicated delinquent, or adjudicated not delinquent by reason
of insanity for an act which, if committed by an adult, would constitute a
crime or, prior to the effective date of P.L.2015, c.263, has been adjudicated
delinquent or adjudicated not delinquent by reason of insanity for an act
which, if committed by an adult, would constitute a specified disorderly
persons offense, and who on the effective date is under some form of
imprisonment, detention, confinement, probation, parole or any other form of
supervision as a result of the offense or is confined following an adjudication
of not delinquent by reason of insanity shall provide a DNA sample before
termination of imprisonment, detention, supervision or confinement, as the case
may be.
���� As used in this act,
"specified disorderly persons offense" shall mean assault
constituting domestic violence as defined in section 3 of P.L.1991, c.261
(C.2C:25-19); prostitution pursuant to N.J.S.2C:34-1; any disorderly persons
offense relating to narcotics or dangerous drugs for which a person is required
to be fingerprinted pursuant to section 1 of P.L.1952, c.92 (C.53:1-18.1),
excluding possession of 50 grams or less of marijuana, including any
adulterants or dilutants, or five grams or less of hashish under
N.J.S.2C:35-10; or any other disorderly persons offense for which a person is
required to be fingerprinted pursuant to R.S.53:1-15.� A "specified
disorderly persons offense" shall not include shoplifting pursuant to
N.J.S.2C:20-11.
���� i.����
On or after January
1, 2023, every person convicted of human trafficking pursuant to section 1 of
P.L.2005, c.77 (C.2C:13-8), arson pursuant to subsection b. of N.J.S.2C:17-1,
car-jacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2) or any attempt
to commit any of these crimes and who is sentenced to a term of imprisonment
shall have a blood sample drawn or other biological sample collected for
purposes of DNA testing upon commencement of the period of confinement.
����
In addition, every person
convicted on or after January 1, 2023 of these offenses but who is not
sentenced to a term of confinement shall provide a DNA sample for purposes of
DNA testing as a condition of the sentence imposed.� A person who has been convicted
and incarcerated as a result of a conviction of one or more of these offenses
prior to January 1, 2023 shall provide a DNA sample before parole or release
from incarceration.
����
Every person arrested for
an offense enumerated in this subsection shall provide a DNA sample for
purposes of DNA testing prior to the person�s release from custody.
����
j.
���� Nothing in this
act shall be deemed to limit or preclude collection of DNA samples as
authorized by court order or in accordance with any other law.
(cf: P.L.2019, c.122, s.1)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill amends the �DNA
Database and Databank Act of 1994� to require DNA samples to be collected when
a person is arrested for human trafficking, arson, or car-jacking.
���� Any person convicted and
sentenced to a term of imprisonment for human trafficking, arson, car-jacking
or for any attempt made to commit these crimes on or after January 1, 2023 will
be required to have blood or another biological sample collected for DNA
testing.� Additionally, a person convicted on or after January 1, 2023 of human
trafficking, arson, or car-jacking but who is not sentenced to a term of
confinement will also be required to provide a blood or other biological sample
for DNA testing purposes.�� A person who was convicted and imprisoned prior to
January 1, 2023 will be required to provide a DNA sample before being paroled
or released from prison.
���� Lastly, a person arrested, but
not convicted or imprisoned, for human trafficking, arson, or car-jacking will
be required to provide a blood or other biological sample for DNA testing.