Required timeframe to submit sexual assault forensic evidence kits to appropriate forensic laboratories; retention of certain kits.

52:4B-44.3a Required timeframe to submit sexual assault forensic evidence kits to appropriate forensic laboratories; retention of certain kits.

1. a. Every State, county, and municipal law enforcement agency shall submit every sexual assault forensic evidence kit collected from a victim, who has consented to the release of the evidence to law enforcement, to the appropriate forensic laboratory for testing within 10 calendar days of the victim’s sexual assault medical forensic examination in accordance with guidelines promulgated by the Division of Criminal Justice. b. Every medical facility or other facility that conducts sexual assault medical forensic examinations shall notify the appropriate law enforcement agency immediately, but in no case more than 24 hours, after the collection of a new sexual assault forensic evidence kit where the victim consents to the release of the evidence to law enforcement. c. A law enforcement agency that receives a notification pursuant to subsection b. of this section shall take possession of the sexual assault forensic evidence kit within three business days of the notification and submit the sexual assault forensic evidence kit to the appropriate forensic laboratory in accordance with the timeframe set forth in subsection a. of this section. d. Every sexual assault forensic evidence kit collected from a victim who has not reported the crime to law enforcement or has not consented to the release of the evidence to law enforcement shall be retained in a manner that preserves the evidence for a minimum of 20 years from the date of collection, and where the victim is a minor, for a minimum of 20 years after the victim reaches the age of 18. e. The victim shall have the right to report the crime to law enforcement and submit the sexual assault forensic evidence kit for testing at any time until the end of the retention period as set forth in subsection d. of this section. f. The Attorney General shall issue or amend guidelines or directives necessary to effectuate the provisions of this section. L.2025, c.350.