Bill > A825

Introduced Session

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.

AI Summary

Committee Categories

Paul Kanitra (R)*,  Greg McGuckin (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document