Bill

Bill > A894


NJ A894

Imposes time constraints on submission and analysis of rape kits.


summary

Introduced
01/27/2016
In Committee
01/27/2016
Crossed Over
Passed
Dead
01/08/2018

Introduced Session

2016-2017 Regular Session

Bill Summary

This bill, to be known as the "Sexual Assault Evidence Submission Act," would require municipal, county, State and federal law enforcement agencies to submit to the appropriate forensic laboratory evidence collected in the investigation of a sexual assault case within 10 business days. The bill requires this evidence, often referred to as a "rape kit," to be analyzed by the lab within six months of when it is received if sufficient staffing and resources are available. Under the bill, law enforcement agencies have 45 days to provide to the Superintendent of State Police, in writing, the number of sexual assault cases in the agency's custody that have not been previously submitted to a laboratory for analysis. The superintendent and the agency then have 180 days to make appropriate arrangements to ensure the submission of this evidence. Within 120 days of the effective date of this act, the superintendent is required to submit to the Governor, Attorney General, President of the Senate, and Speaker of the General Assembly a plan for analyzing these submitted cases. The plan is to include a timeline for completing the analysis of the rape kits and a summary of the inventory received, as well as requests for funding and resources necessary to meet the established timeline. A rape kit submitted for analysis as required under the bill must include a signed certification as follows: "This evidence is being submitted by (name of investigating law enforcement agency) in connection with a prior or current criminal investigation." Guidelines issued by the Attorney General currently govern the handling of rape kits in this State. Under these guidelines, rape kit evidence is held for 90 days within which a victim can decide whether to release the evidence to law enforcement. The victim is informed of the county policy regarding time frames for the storage and possible destruction of evidence.

AI Summary

This bill, to be known as the "Sexual Assault Evidence Submission Act," requires law enforcement agencies to submit sexual assault evidence, commonly referred to as "rape kits," to the appropriate forensic laboratory within 10 business days of receipt. The bill also mandates that the evidence be analyzed by the lab within 6 months of receipt, if sufficient staffing and resources are available. Additionally, the bill requires law enforcement agencies to provide the Superintendent of State Police with the number of unsubmitted sexual assault cases within 45 days, and the Superintendent has 180 days to ensure the submission of this evidence. Within 120 days, the Superintendent must submit a plan to analyze the submitted cases, including a timeline and funding requests. The bill also provides guidelines for the handling and certification of the submitted evidence.

Committee Categories

Justice

Sponsors (10)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 01/27/2016)

bill text


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