Evidence holders in New Jersey would have to keep sexual assault evidence even without a police report, with longer storage required for victims under 18.
Sexual assault evidence would have to be kept for at least 10 years from collection, even without a police report. Evidence involving victims under 18 would have to stay until at least their 28th birthday.
People and organizations holding evidence from sexual assault investigations would have to keep it for the required minimum period. Public and private evidence holders in New Jersey would be covered, including police agencies, hospitals, and crime laboratories. Evidence would have to be kept even if the assault was not reported to police or the victim had not released the evidence to police. Evidence holders would have to notify victims within 30 days of collection that evidence may be discarded after 10 years. They would also have to make diligent efforts to repeat the notice more than 30 days before disposal. After the required period, the county prosecutor or the Director of the Division of Criminal Justice could authorize destruction. If the county prosecutor decided evidence should be destroyed, the prosecutor would have to give the Division of Criminal Justice a chance to take it and continue storage. If enacted, the requirement would take effect immediately and cover evidence already collected and kept before that date.
No hearings or votes scheduled.