This bill mandates that sexual assault forensic evidence be preserved for a minimum of 10 years from the date of collection. In cases where the alleged victim is a minor, the preservation period extends to 10 years after the victim reaches the age of 18. This requirement is a significant increase from the current Attorney General Guidelines, which stipulate a preservation period of only five years. The bill also outlines the responsibilities of custodians of the evidence, including notifying the alleged victim within 30 days of collection about the potential for evidence disposal after the 10-year period, and making diligent efforts to provide further notifications prior to any disposal.
Additionally, the bill allows for the county prosecutor or the Director of the Division of Criminal Justice to authorize the destruction of the evidence after the 10-year preservation period, provided that the prosecutor notifies the division to offer them the opportunity to take custody of the evidence for continued retention. The bill emphasizes the importance of preserving sexual assault forensic evidence to aid in solving past crimes, enhancing public safety, and supporting victims in their reporting of sexual assault when they are ready.