SENATE BUDGET AND APPROPRIATIONS COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 3753

with committee amendments

STATE OF NEW JERSEY

DATED:  JANUARY 8, 2026

      The Senate Budget and Appropriations Committee reports favorably and with committee amendments Assembly Bill No. 3753 ACS.

      As amended, under the committee substitute, every State, county, and municipal law enforcement agency is required to submit every sexual assault forensic evidence kit collected from a victim, who has consented to the release of the evidence to law enforcement, to the appropriate forensic laboratory for testing within 10 calendar days of the victim’s sexual assault medical forensic examination in accordance with guidelines promulgated by the Division of Criminal Justice.

      In addition, the committee substitute provides that every medical facility or other facility that conducts sexual assault medical forensic examinations is required to notify the appropriate law enforcement agency immediately, but in no case more than 24 hours, after the collection of a new sexual assault forensic evidence kit where the victim consents to the release of the evidence to law enforcement.

      The committee substitute requires a law enforcement agency that receives a notification from a medical facility to take possession of the sexual assault forensic evidence kit within three business days of the notification and submit the sexual assault forensic evidence kit to the appropriate forensic laboratory in accordance with the timeframe set forth in the committee substitute.

      Under the committee substitute, every sexual assault forensic evidence kit collected from a victim who has not reported the crime to law enforcement or has not consented to the release of the evidence to law enforcement is required to be retained in a manner that preserves the evidence for a minimum of 20 years from the date of collection, and where the victim is a minor, for a minimum of 20 years after the victim reaches the age of 18.

      Finally, the committee substitute provides that the victim has the right to report the crime to law enforcement and submit the sexual assault forensic evidence kit for testing at any time until the end of the retention period as set forth under the committee substitute.

      As amended and reported by the committee, Assembly Bill No. 3753 ACS is identical to Senate Bill No. 3089 SCS, which was also amended and reported by the committee on this date.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1)  remove certain timeframes for the submission of previously collected sexual assault forensic evidence kits and the adoption of guidelines for the submission of previously collected sexual assault forensic evidence kits as these dates have passed; and

      (2)  require the submission of certain sexual assault forensic evidence kits by State, county, and municipal law enforcement agencies as set forth under the committee substitute to be in accordance with guidelines promulgated by the Division of Criminal Justice.

FISCAL IMPACT:

      Fiscal information for this bill is currently unavailable.