This bill mandates that sexual assault forensic evidence must 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 legislation replaces the current Attorney General Guidelines, which require preservation for only five years. Additionally, the bill stipulates that custodians of the evidence must notify the alleged victim within 30 days of collection about the potential for evidence disposal after the 10-year period, and they are required to make diligent efforts to provide further notifications prior to any disposal.
The bill also allows for the county prosecutor or the Director of the Division of Criminal Justice to authorize the destruction of the evidence after the preservation period, provided that the prosecutor notifies the division to offer them the opportunity to take custody of the evidence for continued retention. Furthermore, custodians are permitted to enter into contracts with other entities to ensure proper storage of the forensic evidence. Overall, the bill aims to enhance the preservation of sexual assault forensic evidence to aid in solving crimes, support victims, and uphold public safety.