Read the full stored bill text
A5045
ASSEMBLY, No. 5045
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 11, 2026
Sponsored by:
Assemblyman� MICHAEL VENEZIA
District 34 (Essex)
SYNOPSIS
���� Concerns investigative genetic genealogy;
appropriates $500,000.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning investigative genetic genealogy,
supplementing Title 52 of the Revised Statutes, and making an appropriation.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� a. �As used in this act:
���� �Accessible genetic genealogy
database� means a consumer or private genetic genealogy database where users
upload their genetic data and are given the option to have that data searched
for the purposes of investigative genetic genealogy.�
���� �Genetic genealogy database�
means any consumer or private genetic genealogy database where users upload
their genetic data for genealogical purposes.�
���� �Investigating agency� means a
State, county, or municipal law enforcement agency, medical examiner�s office,
post-conviction organization, or criminal defense attorney.�
���� �Investigative genetic
genealogy� means an investigative method applied to investigative genetic
genealogy qualifying crimes, wrongful convictions, and unidentified human
remains that uses genetic and genealogical information to establish
relationships between individuals, leading to a hypothesis about the identity
of an individual.��
���� �Investigative genetic
genealogy center� means a center or organization that conducts investigative
genetic genealogy and is overseen by at least one investigative genetic
genealogy practitioner that is accredited by the Investigative Genetic
Genealogy Accreditation Board.
���� �Investigative genetic
genealogy practitioner� means an individual qualified through training or
experience to conduct investigative genetic genealogy.��
���� �Investigative genetic
genealogy qualifying crime� means� murder, aggravated manslaughter, sexual
assault or aggravated sexual assault, aggravated assault, terrorism,
kidnapping, ongoing threats to the public, and any other violent crimes as
defined by the Federal Bureau of Investigation�s Uniform Crime Reporting
Program.�
���� �Probative DNA� means DNA that
is reasonably believed by law enforcement, the medical examiner, or a
post-conviction or defense attorney to have come from the perpetrator of an
investigative genetic genealogy qualifying crime or unidentified human remains.�
���� �Reference tester� means an
individual who agrees to submit the individual�s DNA for testing; an individual
whose DNA is surreptitiously collected, tested, and submitted to one or more
genetic genealogy databases; or an individual who agrees to upload the
individual�s existing genetic profile to one or more genetic genealogy
databases.
���� �Single nucleotide
polymorphism (SNP) DNA profile�� means a genetic profile that is suitable for
upload to one or more genetic genealogy databases.�
���� b.��� An investigating agency
shall collaborate with an investigative genetic genealogy center on cases where
investigative genetic genealogy is being utilized and shall be permitted to choose
which investigative genetic genealogy center with which to collaborate.� The
policies and procedures set forth by the investigative genetic genealogy center
shall apply to all investigative genetic genealogy casework performed by the
investigative genetic genealogy center.
���� c.���� A State, county, or
municipal law enforcement agency may initiate investigative genetic genealogy
for an unsolved crime if the law enforcement agency reasonably believes that
the crime is an investigative genetic genealogy qualifying crime and probative DNA
related to the crime is available for testing.
���� d.��� A State, county, or
municipal law enforcement agency or medical examiner�s office may initiate
investigative genetic genealogy for unidentified human remains if probative DNA
related to the remains is available for testing.
���� e.���� An individual seeking
post-conviction relief may request investigative genetic genealogy in
accordance with the procedures and criteria set forth in section 1 of P.L.2001,
c.377 (C.2A:84A-32a); except that the provisions of paragraphs (1) and (2) of
subsection e. of section 1 of P.L.2001, c.377 (C.2A:84A-32a) shall not apply.�
The cost of conducting investigative genetic genealogy shall be borne by the
individual seeking post-conviction relief.
���� f.���� The investigative
genetic genealogy center performing the investigative genetic genealogy may
coordinate or facilitate the shipment of evidentiary samples from the
investigating agency to the appropriate laboratory. It shall be the
responsibility of the investigating agency to ship any evidentiary samples to
the appropriate laboratory.
���� g.��� The investigative
genetic genealogy center shall consult with the investigating agency regarding
the appropriate single nucleotide polymorphism (SNP) DNA testing laboratory for
a particular evidentiary sample.� The investigating agency shall abide by the
terms of service provided by the single nucleotide polymorphism (SNP) DNA
testing laboratory that is used.
���� h.��� If a confirmatory
one-to-one DNA comparison is used to confirm the investigative genetic
genealogy lead, it may be conducted by using a comparison of
short-tandem-repeat (STR) DNA profiles or single nucleotide polymorphism (SNP)
profiles.� When relying on a short-tandem-repeat (STR) DNA profile comparison,
the investigating agency shall use only forensic DNA testing laboratories that
are accredited to conduct these comparisons.� When relying on a single
nucleotide polymorphism (SNP) DNA profile comparison, any laboratory capable of
completing the comparison may be used.� The investigative genetic genealogy
center shall consult with the investigating agency to determine the appropriate
laboratory for conducting a direct single nucleotide polymorphism (SNP) to
single nucleotide polymorphism (SNP) comparison. For cases involving
unidentified human remains, wrongful conviction, or criminal cases in which
one-to-one DNA comparison is not practicable or possible, confirmation of
identity may be conducted through the use of familial DNA or other
investigative means.
���� i.���� The investigating
agency shall retain authority over all materials developed in a case involving
investigative genetic genealogy.
���� j.���� The single nucleotide
polymorphism (SNP) profile derived from the probative DNA may only be uploaded
to genetic genealogy databases whose terms of service allow for law enforcement
use, unless a court issues a warrant allowing law enforcement access to other
genetic genealogy databases.
���� k.��� If reference testing is
required, the investigating agency shall determine the parameters of contact
with reference testers in collaboration with the investigative genetic
genealogy center.� The investigating agency shall use voluntary reference
testers, unless the investigating agency reasonably believes the use of
voluntary reference testers will jeopardize the case.
���� When relying on a voluntary
reference tester, the reference tester shall retain ownership and control over
the individual�s genetic profile and may revoke consent for law enforcement use
at any time by opting out of allowing law enforcement to search in the
accessible genetic genealogy databases or removing the profile from any genetic
genealogy database.
���� When an investigating agency
reasonably believes that relying on a voluntary reference tester will
jeopardize the case, the investigating agency may conduct surreptitious DNA
collection in accordance with State law. The genetic profiles of reference testers
whose DNA is collected surreptitiously may only be uploaded to accessible
genetic genealogy databases, unless a court issues a warrant authorizing the
genetic profile to be uploaded to any genetic genealogy database identified in
the warrant.
���� l.���� If an individual is
acquitted through the use of investigative genetic genealogy after being
charged with an investigative genetic genealogy qualifying crime, all genetic
profiles for that individual and for any reference testers whose DNA was
collected surreptitiously shall be removed from all genetic genealogy
databases.
���� 2.��� a.� The Attorney General
shall establish a grant program to provide funding to State, county, and
municipal law enforcement agencies and medical examiner's offices for:
���� (1)�� the laboratory costs for
developing single nucleotide polymorphism (SNP) profiles for investigative
genetic genealogy, enabling the uploading of single nucleotide polymorphism (SNP)
profiles, including reference tester profiles, to genetic genealogy databases;
and utilizing confirmatory DNA testing using short-tandem-repeat (STR) or single
nucleotide polymorphism (SNP); and
���� (2)�� the cost for the
investigative genetic genealogy center to perform investigative genetic
genealogy, which shall be $7,500 per case to be paid by the law enforcement
agency or medical examiner�s office to the investigative genetic genealogy
center.
���� The Attorney General shall
establish guidelines to implement the grant program including, but not limited
to, application procedures and eligibility criteria.
���� b.��� There is established in
the Department of Law and Public Safety a separate, nonlapsing fund to be known
as the �Investigative Genetic Genealogy Fund.� The fund shall consist of moneys
appropriated by the Legislature for the purposes of the fund.� All interest
earned on moneys in the fund shall be credited to the fund. The fund shall be
administered by the Attorney General and shall be used solely for the purposes
set forth in subsection a. of this section.
���� 3.��� a.� There is
appropriated from the General Fund to the Department of Law and Public Safety
$500,000 which shall be deposited into the �Investigative Genetic Genealogy
Fund� to be used for the purposes set forth in section 2 of this act.
���� b.��� The Department of Law
and Public Safety shall request annually as part of its annual budget proposal
$500,000 to fund the grants authorized pursuant to section 2 of this act.
���� 4.��� This act shall take
effect on the first day of the seventh month next following the date of
enactment.
STATEMENT
���� This bill concerns
investigative genetic genealogy and appropriates $500,000.
���� Under the provisions of this
bill, an investigating agency is required to collaborate with an investigative
genetic genealogy center on cases where investigative genetic genealogy is
being utilized and is permitted to choose which investigative genetic genealogy
center to collaborate with.� The policies and procedures set forth by the
investigative genetic genealogy center are to apply to all investigative
genetic genealogy casework performed by the investigative genetic genealogy
center.
���� The bill defines an
�investigating agency� as a State, county, and municipal law enforcement
agency, medical examiner�s office, post-conviction organization, or criminal
defense attorney.� Additionally, �investigative genetic genealogy center� is
defined as a center or an organization that conducts investigative genetic
genealogy and is overseen by at least one investigative genetic genealogy
practitioner that is accredited by the Investigative Genetic Genealogy
Accreditation Board.
���� Under the bill, a State,
county, or municipal law enforcement agency may initiate investigative genetic
genealogy for an unsolved crime if the law enforcement agency reasonably
believes that the crime is an investigative genetic genealogy qualifying crime
and probative DNA related to the crime is available for testing.� The bill
defines �investigative genetic genealogy qualifying crime� as murder,
aggravated manslaughter, sexual assault or aggravated sexual assault,
aggravated assault, terrorism, kidnapping, ongoing threats to the public, and
any other violent crimes as defined by the Federal Bureau of Investigation�s
Uniform Crime Reporting Program.
���� In addition, a State, county,
or municipal law enforcement agency or a medical examiner�s office may initiate
investigative genetic genealogy for unidentified human remains if probative DNA
related to the remains is available for testing.
���� Further, under the bill, an
individual seeking post-conviction relief may request investigative genetic
genealogy in accordance with the procedures set forth under current law for
requesting DNA testing, with the exception of certain provisions requiring the
use of certain laboratories for DNA testing.� The costs of conducting
investigative genetic genealogy are to be borne by the individual seeking
post-conviction relief.
���� The bill further sets forth
procedures for conducting investigative genetic genealogy, including
coordination of the shipment of evidentiary samples, selection of the
appropriate laboratory for testing evidentiary samples, the uploading of the
genetic profiles to genetic genealogy databases, and the deletion of genetic
profiles for a person who was acquitted through the use of investigative
genetic genealogy after being charged with certain qualifying crimes and any
reference testers whose DNA was surreptitiously collected.
���� In addition, the bill sets
forth criteria for using reference testers in investigative genetic genealogy.�
�Reference tester� is defined as an individual who agrees to submit the
individual�s DNA for testing; an individual whose DNA is surreptitiously collected,
tested, and submitted to one or more genetic genealogy databases; or an
individual who agrees to upload the individual�s existing genetic profile to
one or more genetic genealogy databases.
���� The bill requires the Attorney
General to establish a grant program to provide funding to State, county, and
municipal law enforcement agencies and medical examiner�s offices for: 1) the
laboratory costs for developing single nucleotide polymorphism (SNP) profiles
for investigative genetic genealogy; enabling the uploading of single
nucleotide polymorphism (SNP) profiles, including reference tester profiles, to
genetic genealogy databases; and utilizing confirmatory DNA testing using
short-tandem-repeat (STR) or single nucleotide polymorphism (SNP); and 2) the
cost for the investigative genetic genealogy center to perform investigative
genetic genealogy, which is to be $7,500 per case to be paid by the law
enforcement agency or medical examiner�s office to the investigative genetic
genealogy center.� The Attorney General is required to establish guidelines to
implement the grant program, including, but not limited to, application
procedures and eligibility criteria.
���� Further, under the bill, there
is created in the Department of Law and Public Safety a nonlapsing revolving
fund to be known as the �Investigative Genetic Genealogy Fund.�� Moneys
deposited in the fund, and any interest, are required to be used exclusively
for the purposes set forth in the bill.
���� Finally, the bill appropriates
from the General Fund to the Department of Law and Public Safety $500,000 which
is to be deposited into the �Investigative Genetic Genealogy Fund� to be used
for the purposes set forth in the bill.� The Department of Law and Public
Safety is required to request annually as part of its annual budget proposal
$500,000 to fund the grants authorized pursuant to the bill�s provisions.