The Senate Law and Public Safety 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 will 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, a committee substitute for 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. 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 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 Sherriff. “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.”
The legislation also requires every kit collected by law enforcement beginning on July 1, 2019 through the effective date of the new law be submitted for testing by April 1, 2025. Every other remaining kit would have to be tested by December 31, 2025 in accordance with guidelines from the Attorney General.
“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.
The committee vote was 5-0.
In a move to address the backlog of untested rape kits in the state of California, Assembly members Sabrina Cervantes and Freddie Rodriguez have introduced a bill that would require all law enforcement agencies to promptly submit rape kits for testing.
The bill, known as Cryan and Singleton’s Bill, is named after two survivors of sexual assault who have been vocal advocates for the testing of rape kits. The proposed legislation would mandate that all rape kits collected by law enforcement agencies be submitted to crime labs within 20 days of receipt. Additionally, the bill would require crime labs to process the kits within 120 days of receiving them.
The backlog of untested rape kits has been a longstanding issue in California, with some estimates suggesting that there are thousands of untested kits sitting in storage facilities across the state. This backlog not only delays justice for survivors of sexual assault but also allows perpetrators to remain at large.
By requiring prompt submission and testing of all rape kits, Cryan and Singleton’s Bill aims to ensure that survivors receive the justice they deserve and that perpetrators are held accountable for their crimes. The bill has received widespread support from advocacy groups, law enforcement agencies, and survivors of sexual assault.
In a statement, Assembly member Cervantes emphasized the importance of addressing the backlog of untested rape kits, stating that “every untested kit represents a survivor who has been denied justice.” She went on to say that the bill is a crucial step towards ensuring that survivors are heard and that perpetrators are brought to justice.
If passed, Cryan and Singleton’s Bill would represent a significant victory for survivors of sexual assault in California. It would not only help to clear the backlog of untested rape kits but also send a strong message that sexual assault will not be tolerated in the state.
