Requires sexual assault forensic evidence to be preserved for 10 years.

A4553

ASSEMBLY, No. 4553

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 10, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

Assemblywoman� ANNETTE QUIJANO

District 20 (Union)

Assemblywoman� SHAMA A. HAIDER

District 37 (Bergen)

Co-Sponsored by:

Assemblywoman Park

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 provisions of this bill
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.�