This bill amends existing law regarding the use of genetic testing on DNA samples from newborns and crime victims, emphasizing the need for informed consent. It stipulates that a person shall not obtain genetic information from an individual without first securing informed consent from the individual or their representative, as regulated by the Commissioner of Health and Senior Services in consultation with the Attorney General and Commissioner of Banking and Insurance. The bill specifies that DNA samples from crime victims or witnesses can only be used to establish the identity of individuals involved in the specific criminal investigation or prosecution for which the sample was obtained. Additionally, DNA samples from newborns are restricted to detecting disorders or conditions authorized by the Newborn Screening Program.

The bill also introduces provisions allowing for the acquisition of genetic information through a validly executed warrant or court order. It clarifies that disclosures of genetic information are permissible under certain conditions, including for criminal investigations, paternity determinations, and with the consent of the tested individual. The amendments aim to protect the privacy of individuals while ensuring that genetic information can still be utilized for legitimate purposes, thereby addressing concerns about the misuse of DNA samples in legal contexts.

Statutes affected:
Introduced: 10:5-45, 10:5-47, 10:5-48