§§ 1 - 8
P.L. 1997, CHAPTER 51, approved April 1, 1997
Senate, No. 226 (First Reprint)
An Act making sexual offenders responsible for the cost of DNA testing and supplementing Title 53 of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. As used in this act:
"DNA" means deoxyribonucleic acid.
"DNA sample" means a blood sample provided by any person required to submit a sample as a result of being convicted of an offense enumerated in section 2 of this act.
"Offender" means the individual who is required to provide a DNA sample pursuant to section 2 of this act and who is liable to the State for the cost of the DNA tests conducted.]1
1[2. 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.]1
11. Any person required pursuant to the provisions of P.L.1994, c.136 (C.53:1-20.17 et seq.) to have a blood sample drawn for
purposes of DNA testing shall be liable for the costs of such testing.1
1[3.] 2.1 The State shall have a lien against the property and income of each offender for whom DNA testing is conducted pursuant to section 111 of this act. The lien when properly filed as set forth herein shall have priority over all unrecorded encumbrances except for any restitutions, assessments or fines which the offender has been sentenced to pay.
1[4.] 3.1 The lien shall be in a form to be prescribed by the Attorney General and shall contain the name of the offender who is the owner of the real property which is the subject of the lien. The lien shall be signed by the Attorney General or a designee assigned by the Attorney General.
1[5.] 4.1 The lien shall be filed with the clerk of the county or register of deeds and mortgages, as the case may be, and shall immediately attach to and become binding upon all real property in the ownership of the offender.
If it is believed that the offender is the owner of real property within the State, but the exact location of same is not known, then the lien may be filed with the clerk of the Superior Court and shall become binding upon all real property of the offender wherever situate within the State.
1[6.] 5.1 If it is found that the offender is possessed of any goods, rights, credits, chattels, moneys or effects which are held by any person, firm or corporation for the present or subsequent use of the offender, then the lien provided for herein, or a notice of the existence thereof, may be forwarded by registered mail to the person, firm, or corporation and shall become binding upon any property rights so held. The person, firm or corporation shall thereafter be precluded from disposing of the property rights until the lien is satisfied or until the holder of the lien consents thereto.
Any person, firm or corporation disposing of any such property or moneys after receipt of notice of the lien shall be liable to the State for the value of the property or moneys of which disposition has been made.
1[7.] 6.1 The clerk of the county or register of deeds and mortgages, or clerk of the Superior Court, as the case may be, shall provide suitable books in which he shall enter the liens filed hereunder properly indexed in the name of the offender.
All liens and other papers incidental thereto required hereunder shall be received and recorded by the clerk of the county, register of deeds and mortgages, or clerk of the Superior Court, as the case may be, without payment of fees.
1[8.] 7.1 To discharge any lien or liens filed hereunder, the Attorney General or an agent designated by the Attorney General shall file with the clerk of the county, register of deeds and mortgages or clerk of the Superior Court, as the case may be, a duly acknowledged certificate setting forth the fact that the State desires to discharge the lien of record.
The Attorney General or an agent designated by the Attorney General is authorized to compromise for settlement any lien filed under the provisions of this act. A memorandum of the compromise and settlement signed by the commissioner shall be sufficient authorization for a complete discharge of the lien.
1[9.] 8.1 Any person desiring to secure immediate discharge of any lien may deposit with the court cash in sufficient amount to cover the amount of the lien or post a bond in an amount and with sureties to be approved by said court. Upon proper notice of this fact being given to the Attorney General a satisfaction of said lien shall be filed forthwith with the county clerk or register of deeds and mortgages as the case may be.
1[10.] 9.1 This act shall take effect immediately.
Makes sexual offenders responsible for the cost of DNA testing.