ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 353

with committee amendments

STATE OF NEW JERSEY

DATED: MAY 1, 1997

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 353.

      This bill amends the provisions of P.L.1994, c.136 to include certain juveniles within the provisions. The 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. The bill provides that the family court shall specify where the sample shall be drawn.

       The committee amendments would amend section 9 of P.L.1994, c.136 (C.53:1-20.25) to clarify that any juvenile adjudicated delinquent whose sample is stored in the State database may apply for expungement on the ground that the adjudication that resulted in the inclusion of the juvenile's DNA record in the State's database has been reversed and the case has been dismissed. This provision parallels what is provided currently for adult convictions. The amendments also make a technical correction in section 3 of the bill changing the date from January 1, 1996 to January 1, 1998.

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.