{"data":{"id":"us-nj/n.j.-stat.-2a-84a-32g","jurisdiction":"us-nj","citation":"N.J. Stat. § 2A:84A-32g","heading":"Preservation of biological evidence.","body":"3. a. Every law enforcement or prosecuting agency shall preserve any biological evidence secured in relation to an investigation or prosecution of a crime while:\n(1)\tThe crime remains unsolved; or\n(2)\tThe person convicted of that crime remains in custody.\nb.\tThe provisions of this section shall apply to biological evidence that:\n(1)\tWas in the possession of the agency during the investigation and prosecution of the case; and\n(2)\tAt the time of conviction was likely to contain biological material.\nc.\tThe agency shall not destroy biological evidence if an additional co-defendant, convicted of the same crime, remains in custody and shall preserve this evidence while all co-defendants remain in custody.\nd.\tThe agency shall retain evidence in the amount and in a manner sufficient to develop a DNA profile from the biological material contained in or included on the evidence.\ne.\tUpon written request of a defendant, the agency shall prepare an inventory of biological evidence that has been preserved in connection with the defendant's criminal case.\nf.\tThe agency may destroy evidence that includes biological material before the expiration of the time period specified in subsection a. of this section if:\n(1)\tNo other provision of federal or State law requires the agency to preserve the evidence;\n(2)\tThe agency sends certified delivery of notice of intent to destroy the evidence to:\n(a)\tall persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment related to the evidence in question;\n(b)\tthe attorney of record for each person in custody;\n(c)\tthe public defender;\n(d)\tthe county prosecutor where the person was convicted; and\n(e)\tthe Attorney General; and\n(3)\tA person notified pursuant to paragraph (2) of subsection f. of this section, within 180 days after the date of receipt of the notice, does not:\n(a)\tfile a motion for performance of forensic DNA testing under section 1 of P.L.2001, c.377 (C.2A:84A-32a); or\n(b)\tsubmit a written request for retention of evidence to the agency which provided notice of its intent to destroy evidence under paragraph (2) of subsection f. of this section.\ng.\tIf the agency receives a written request for retention of biological evidence after providing notice under paragraph (2) of subsection f. of this section of its intent to destroy that evidence, the agency shall retain the evidence while the person remains in custody.\nh.\tThe agency shall not be required to preserve physical evidence that is of such a size, bulk, or physical character as to render retention impracticable. When such retention is impracticable, the agency shall remove and preserve portions of the material evidence likely to contain biological evidence related to the offense, in a quantity sufficient to permit future DNA testing before returning or disposing of the physical evidence.\ni.\tIf the agency is unable to locate biological evidence that it is required to preserve under this act, the chief evidence custodian assigned to the entity charged with the preservation of the evidence shall provide an affidavit stipulating under penalty of perjury that describes the efforts taken to locate that evidence and that the evidence could not be located.\nL.2017, c.248, s.3.","path":["TITLE 2A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"08f0e10046280e2b9f97caf9631fce0137d140a917088bf1070135e8ac9300d3","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-2a-84a-32f","next":"us-nj/n.j.-stat.-2a-84a-32h"},"notice":"GroundRules: Original legal text. Not legal advice."}