Cryan, Singleton Bill Would Require Testing and Timely Submission of All Rape Kits

Trenton - The Senate Budget and Appropriations Committee today advanced legislation designed to expedite the investigation of rape cases by requiring a more timely submission and analysis process for rape kits in New Jersey.

The bill would also codify into statute a process to ensure that all rape kits are tested.

The measure is sponsored by Senator Joe Cryan (D-Union) and Senator Troy Singleton (D-Burlington).

The bill, S-3089, would require municipal, state, and county law enforcement agencies to submit all relevant forensic laboratory evidence collected in a sexual assault investigation within 10 calendar days of the examination in accordance with guidelines promulgated by the Division of Criminal Justice. The legislation further requires testing facilities to notify law enforcement within 24 hours of a test being taken, and that law enforcement would have to take possession of kits within three business days. The sexual assault survivors would have to consent to the submission of the kits.

“All rape kits should be tested and submitted for analysis in a timely way,” said Senator Cryan, who formerly served as Union County Sheriff. “This is crucial evidence that is needed for effective investigations that will help bring justice and closure to sexual assault survivors. Setting required timelines and preserving forensic evidence will help support the work of law enforcement by ensuring that the kits are thoroughly examined and available so that any evidence can be used to deliver justice.”

“These are additional steps we can take to protect the rights of sexual assault survivors,” said Senator Singleton. “Treating the evidence in their cases with timeliness, respect, and care will help maintain trust in the criminal justice system. They should know that their cases are treated with the seriousness they deserve.”

In addition, the evidence collected from survivors who have not consented to its submission would have to be retained for at least 20 years. The survivor would be able to report the crime to law enforcement and have the kit submitted for evidence at any time during the retention period.