ASSEMBLY, No. 353
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblywoman QUIGLEY and Assemblyman FELICE
An Act concerning DNA testing of certain juveniles and amending P.L.1994, c.136.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1994, c.136 (C:53:1-20.18) is amended to read as follows:
2. The Legislature finds and declares that DNA databanks are an important tool in criminal investigations and in deterring and detecting recidivist acts. Several states have enacted laws requiring persons convicted of certain crimes, especially serious sexual offenses, to provide genetic samples for DNA profiling. Moreover, it is the policy of this State to assist federal, state and local criminal justice and law enforcement agencies in the identification and detection of individuals who are the subjects of criminal investigations. It is therefore in the best interest of the State of New Jersey to establish a DNA database and a DNA databank containing blood samples submitted by certain serious sexual offenders. It is also in the best interest of the State of New Jersey to include in this DNA database and DNA databank blood samples submitted by certain juveniles adjudicated delinquent for certain acts, which if committed by an adult, would constitute serious sexual offenses.
(cf: P.L.1994, c.136, s.2)
2. Section 3 of P.L.1994, c.136 (C.53:1-20.19) is amended to read as follows:
3. As used in this act:
"CODIS" means the FBI's national DNA identification index system that allows the storage and exchange of DNA records submitted by State and local forensic laboratories.
"DNA" means deoxyribonucleic acid.
"DNA Record" means DNA identification information stored in the State DNA database or CODIS for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results.
"DNA Sample" means a blood sample provided by any person convicted of any offense enumerated in section 4 of this act or provided by any juvenile adjudicated delinquent for an act which, if committed by an adult, would constitute any offense enumerated in section 4 of this act or submitted to the division for analysis pursuant to a criminal investigation.
"Division" means the Division of State Police in the Department of Law and Public Safety.
"FBI" means the Federal Bureau of Investigation.
"State DNA Database" means the DNA identification record system to be administered by the division which provides DNA records to the FBI for storage and maintenance in CODIS.
"State DNA Databank" means the repository of DNA samples collected under the provisions of this act.
(cf: P.L.1994, c.136, s.3)
3. Section 4 of P.L.1994, c.136 (C.53:1-20.20) is amended to read as follows:
4. a. On or after January 1, 1995 every person convicted of aggravated sexual assault and sexual assault under N.J.S.2C:14-2 or aggravated criminal sexual contact and criminal sexual contact under N.J.S.2C:14-3 or any attempt to commit any of these crimes and who is sentenced to a term of imprisonment shall have a blood sample drawn for purposes of DNA testing upon commencement of the period of confinement. In addition, every person convicted on or after January 1, 1995 of these offenses, but who is not sentenced to a term of confinement, shall provide a DNA sample as a condition of the sentence imposed. A person who has been convicted and incarcerated as a result of a conviction of one or more of these offenses prior to January 1, 1995 shall have a DNA sample drawn before parole or release from incarceration.
b. On or after January 1, 1996 every juvenile adjudicated delinquent for an act which, if committed by an adult, would constitute aggravated sexual assault or sexual assault under N.J.S.2C:14-2 or aggravated criminal sexual contact or criminal sexual contact under N.J.S.2C:14-3, or any attempt to commit any of these crimes, shall have a blood sample drawn for purposes of DNA testing.
(cf: P.L.1994, c.136, s.4)
4. Section 6 of P.L.1994, c.136 (C.53:1-20.22) is amended to read as follows:
6. Each DNA sample required to be drawn pursuant section 4 of this act from persons who are incarcerated shall be drawn at the place of incarceration. DNA samples from persons who are not sentenced to a term of confinement shall be drawn at a prison or jail unit to be specified by the sentencing court. DNA samples from persons who are adjudicated delinquent shall be drawn at a juvenile facility to be specified by the family court. Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, laboratory technician, phlebotomist or other health care worker with phlebotomy training shall draw any DNA sample to be submitted for analysis. No civil liability shall attach to any person authorized to draw blood by this section as a result of drawing blood from any person if the blood was drawn according to recognized medical procedures. No person shall be relieved from liability for negligence in the drawing of any DNA sample. No sample shall be drawn if the division has previously received an adequate blood sample from the convicted person or the juvenile adjudicated delinquent.
(cf: P.L.1994, c.136, s.6)
5. This act shall take effect immediately.
STATEMENT
This bill provides authority for the taking of DNA samples from certain juveniles adjudicated delinquent for acts, which if committed by an adult, constitute aggravated sexual assault or sexual assault under N.J.S.2C:14-2 or aggravated criminal sexual contact or criminal sexual contact under N.J.S.2C:14-3 or any attempt to commit any of these crimes. This bill amends the provisions of recently enacted P.L.1994, c.136 to include certain juveniles within the provisions. The bill provides that the family court shall specify where the sample shall be drawn.
Includes certain juveniles adjudicated delinquent within provisions of P.L.1994, c.136 providing for taking of DNA samples.