Bill > A2288

Introduced Session

This bill provides that persons arrested for the crime of raising false public alarm and any violation of the "September 11th, 2001 Anti-Terrorism Act" will be required to provide a DNA sample for purposes of DNA testing, prior to the person's release from custody. Under current law, every person convicted or found not guilty by reason of insanity of a crime has a blood sample drawn or other biological sample collected for purposes of DNA testing. The law also applies to juveniles adjudicated delinquent, or adjudicated not delinquent by reason of insanity for an act which, if committed by an adult, would constitute a crime. In addition, current law provides that adult and juvenile arrestees will have a DNA sample taken prior to release from custody for any of the following crimes: · murder; · manslaughter; · aggravated sexual assault; · sexual assault; · aggravated criminal sexual contact; · criminal sexual contact; · aggravated assault (certain second degree offenses); · kidnapping; · luring or enticing a child; · engaging in sexual conduct which would impair or debauch the morals of a child; and · an attempt to commit any of these crimes The law provides that if the criminal charge is dropped, the case is dismissed, or the defendant is found not guilty or adjudicated not delinquent in the case of a juvenile, application may be made to the court to expunge the DNA record. This bill requires a DNA sample to be taken following arrest for the crime of raising false public alarm. False public alarms include the criminal act commonly known as "swatting," in which a person alerts authorities to a falsified bomb scare, hostage situation, or other public emergency. The bill also requires that DNA samples are to be taken when a person is arrested for a crime enumerated in the "September 11th, 2001 Anti-Terrorism Act," which includes an attempt to commit any of these crimes. During the planning phase of terror attacks the would-be terrorists are often arrested before the acts are committed. Under current law, these attempts currently are not statutorily approved DNA qualifying events until the person is convicted. It should be noted that the United States Supreme Court has confirmed the authority of states to take DNA samples from persons arrested for "serious crimes" in Maryland v. King 569 U.S. 435 (2013).

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Ronald Dancer (R)*, 

Introduced, Referred to Assembly Law and Public Safety Committee (on 02/01/2018)