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Bill

A 4553

Requires sexual assault forensic evidence to be preserved for 10 years.

2026-2027 Regular Session Introduced by Shama Haider and 2 co-sponsors

New Jersey requires sexual assault forensic evidence to be kept at least 10 years from collection (or 10 years after a minor victim turns 18) with victim notification before discar

Introduced, Referred to Assembly Judiciary Committee
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Bill Summary · A 4553

Summary of Bill A 4553 (New Jersey, Session 222)

Purpose and intent

  • The bill requires custodians of sexual assault forensic evidence to preserve such evidence for a minimum of 10 years from the date of collection. For alleged victims who are minors, preservation must last at least 10 years after the victim reaches age 18.
  • It aims to ensure longer retention of forensic evidence to support investigation and prosecution, enable review of past cases, assist in innocence claims, and help victims report crimes when they are ready.
  • The act supplements Title 52 of the Revised Statutes and takes effect immediately.

Key provisions

  1. Definitions (Section 1)

    • “Custodian”: Any government, public, or private entity within New Jersey responsible for storing sexual assault forensic evidence (e.g., law enforcement, prosecutors, courts, health care facilities, crime labs).
    • “Law enforcement agency”: Municipal, county, state, or federal agencies involved in sexual assault investigations in NJ.
    • “Sexual assault forensic evidence”: Forensic evidence collected in connection with a sexual assault investigation, including evidence from forensic sexual assault examinations.

  2. Retention period and notification (Section 2)

    • a. Retention: Sexual assault forensic evidence must be retained for not less than 10 years from the collection date. If the alleged victim is a minor, retention lasts for not less than 10 years after the victim reaches age 18, regardless of whether the crime was reported or if the evidence was released to law enforcement.
    • b. Notification to victim: Within 30 days of collection, the custodian must notify the alleged sexual assault victim that the evidence may be discarded after 10 years. The custodian must make diligent efforts to contact the victim and repeat the notification more than 30 days before the scheduled discard date.
    • c. Destruction authority: The county prosecutor or the Director of the Division of Criminal Justice may authorize destruction after the 10-year preservation period. If destruction is considered, the prosecutor must notify the Director to provide the division an opportunity to take custody and continue retention.
    • d. Storage partnerships: Custodians may contract with other entities to ensure proper storage of the evidence in accordance with the section.

  3. Effective date (Section 3)

    • The act takes effect immediately upon enactment.

Who/what is affected

  • Primary subjects: Custodians of sexual assault forensic evidence (as defined) across government, public, and private entities within New Jersey.
  • Affected entities: Law enforcement agencies, prosecutors’ offices, courts, health care facilities, crime laboratories, and any other entity storing pertinent forensic evidence.
  • Victims: Alleged sexual assault victims (including minors) who would have notification obligations regarding future discard of evidence.

Procedural and timeline aspects

  • Immediate effect: The act provides that the retention requirement begins upon enactment.
  • Retention timeline: 10 years from collection date (or 10 years after the victim turns 18 if the victim is a minor at the time of collection).
  • Notification timeline: Initial notification within 30 days of collection; repeated notification more than 30 days prior to discard.
  • Destruction protocol: After the 10-year period, destruction can be authorized by the county prosecutor or the Director of the Division of Criminal Justice, with the option for the division to assume custody to continue retention.
  • Cross-entity storage: Allows contracts with third parties to ensure compliant storage.

Context and comparison

  • Current guidance (Attorney General Guidelines) requires preservation for at least 5 years, with the Attorney General’s Office potentially taking custody thereafter.
  • This bill expands retention to 10 years (and 10 years beyond the victim’s age of 18 if the victim is a minor), establishing explicit notification duties and a structured destruction/continuation process.

Potential impact

  • Increases the storage burden and administrative obligations on custodians.
  • Improves availability of forensic evidence for reviewing older cases, exonerations, or new investigations.
  • Provides clearer notice requirements to victims about the future discard of evidence.
  • Could influence budgeting and contract decisions for storage and custody arrangements.

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

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