Bill > A3743

Introduced Session

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.

AI Summary

Committee Categories

Carol Murphy (D)*,  Annette Quijano (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 02/22/2024)

Official Document