Tuesday, June 26, 2012
Increase in Scope of DNA Samples in NJ
On June 14, 2012, the New Jersey State Legislature adopted a bill proposed by Senators Nicholas Sacco, representing Bergen and Hudson counties, and Paul Sarno, representing Bergen and Passaic counties which expands the collection of DNA to include samples from disorderly persons. Previously a person needed to be convicted or found not guilty by reason of insanity of a crime and arrested for certain violent crimes. The bill also includes the collection of DNA from juveniles found delinquent or not delinquent by reason of insanity for acts, which if committed by an adult, would constitute a crime or offense and by every juvenile arrested for certain violent crimes. The Legislature based the changes on the minimal intrusion into an individual's privacy interest and compelling governmental interests in enhancing the State's ability to positively identify an offenders, determine whether an offender committed other offenses and establish a positive identification in the event the offender becomes a fugitive. Further, the Legislature likens the "minimal intrusion" of taking DNA to fingerprinting. For more information on criminal law in NJ visit HeatherDarlingLawyer.com.