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A 3004

CAPITAL PROJECTS BUDGET

2025 Regular Session

Strengthens genetic privacy by requiring informed consent for DNA and narrowing law enforcement use, especially prohibiting familial searching and restricting newborn DNA use.

SUBSTITUTED BY S3004D
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Bill Summary · A 3004

Summary — A3004 (CAPITAL PROJECTS BUDGET) — Genetic Testing Amendments (substituted by S3004D)

Note: A3004 (introduced Jan. 9, 2024) amends New Jersey’s Genetic Privacy Act (P.L.1996, c.126). As of May 8, 2025 the Assembly bill was substituted by S3004D; legislative activity shows multiple amendments and committee reports. The act would take effect the first day of the fourth month after enactment.

Purpose / Intent

The bill tightens protections around the collection, use, and disclosure of genetic information — especially DNA samples taken from newborns, crime victims, and witnesses — by clarifying informed consent requirements and narrowing authorized exceptions for secondary uses (for example, familial searching by law enforcement). It updates Sections 6, 8, and 9 of P.L.1996, c.126 (C.10:5-45; C.10:5-47; C.10:5-48).

Key provisions and changes

  • Informed consent requirement
    • Restates that a person may not obtain genetic information from an individual or that person’s DNA sample without prior informed consent as governed by Department of Health regulations (promulgated in consultation with the Attorney General and Commissioner of Banking & Insurance).
  • Narrowed law enforcement exception
    • Law enforcement may obtain or use DNA to establish identity in criminal investigations/prosecutions, but a DNA sample taken from a victim or witness may only be used to establish the identity of the person who is the subject of the investigation/prosecution for which the sample was obtained (i.e., restricts use against relatives or for familial searching).
  • Newborn screening limits
    • DNA from newborns may only be used to detect disorders/conditions that are explicitly authorized under the State Newborn Screening Program (P.L.1977, c.321). Use beyond authorized newborn screening requires informed parental/guardian consent.
  • Disclosure limits (Section 8 amendments)
    • Prohibits disclosure of an individual’s identity or identifiable genetic information except under enumerated exceptions: necessary criminal/death investigations (with same victim/witness restriction), paternity proceedings, court order or valid warrant, DNA databank law, individual consent, medical diagnosis for relatives of a decedent, identification of bodies, newborn screening as authorized, federal law for identification, and specified insurer disclosures under existing insurance law.
  • Notice and regulatory duties (Section 9 amendments)
    • Entities that require or receive genetic testing results must notify the tested person that a test was performed and the results were received, unless consent directs otherwise.
    • The Commissioner of Health and Senior Services is directed to issue regulations governing informed written consent procedures (in consultation with AG and Commissioner of Banking & Insurance), except where national standards already apply.

Who is affected

  • Newborns and parents/guardians (hospitals and the State Newborn Screening Program)
  • Crime victims and witnesses
  • Law enforcement agencies and forensic laboratories (limits on secondary/familial uses)
  • Healthcare providers, genetic testing labs, and institutions performing genetic testing
  • Insurers (existing statutory insurance exceptions retained)
  • Individuals tested (rights to notice and consent)
  • Courts (warrant/court-order exceptions retained)

Procedural status / timeline highlights

  • Introduced in the Assembly Jan. 9, 2024; reported out of Assembly Judiciary Committee Sept. 19, 2024.
  • Multiple amendments and printings (A3004A–D); print numbers issued through Mar–May 2025.
  • May 7–8, 2025: amended, printed as 3004C/3004D, reported/referred to Rules, ordered to third reading.
  • May 8, 2025: Substituted by S3004D (companion Senate version).

Potential impact / considerations

  • Strengthens genetic privacy by restricting nonconsensual secondary uses of newborn and victim/witness DNA — especially familial searching.
  • Balances privacy with investigative needs by preserving court/warrant exceptions and specified investigative uses.
  • Requires administrative rulemaking to define informed consent procedures, affecting hospital workflow (newborn screening consent processes), laboratory practices, and law enforcement protocols.
  • May reduce instances where DNA obtained for one purpose (screening, victim ID) is later used to implicate relatives without consent or judicial process.

Compiled from official sources — confirm details with the bill’s official record.

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