New Jersey Section 2C:29-11 – Refusal to allow blood, biological sample to be drawn; fourth degree crime.

 

New Jersey’s DNA Database Law: What You Need to Know

New Jersey has a law that requires certain offenders to provide DNA samples for inclusion in the state’s DNA database. This law, known as Section 2C:29-11 of the New Jersey Code of Criminal Justice, makes it a fourth degree crime to knowingly refuse to provide a blood or biological sample as required.

But what exactly does this law entail, and what are the implications for those required to provide samples? This article will break it down in simple terms so you can understand your rights and responsibilities.

The Basics of New Jersey’s DNA Database Law

New Jersey’s DNA database law was enacted to help law enforcement identify perpetrators of crimes. By collecting and analyzing DNA from convicted offenders, investigators can link crimes together and match evidence from crime scenes to specific individuals.

The law requires that DNA samples be collected from all persons convicted or found not guilty by reason of insanity of certain offenses. These offenses include murder, manslaughter, aggravated assault, kidnapping, luring or enticing a child, human trafficking, sexual assault, robbery, burglary, and more. Juveniles adjudicated delinquent for these offenses are also required to submit DNA samples.

So if you are convicted of one of the qualifying offenses, you will have to provide a blood or buccal (cheek) swab sample so your DNA profile can be entered into the database. This typically occurs at the time of sentencing or when you are processed into prison.

Refusing to Provide a DNA Sample is a Crime

Here’s where Section 2C:29-11 comes into play. This statute makes it a fourth degree crime to knowingly refuse to provide a required DNA sample.

A fourth degree crime in New Jersey is punishable by up to 18 months in prison, up to $10,000 in fines, and loss of certain rights. So there are real consequences for refusing to comply with the DNA database law.

Some people may object to providing DNA samples on principle. However, keep in mind that submitting your DNA is mandatory if convicted of a qualifying offense. You do not have a right to refuse. Doing so constitutes a separate criminal offense.

There are some limited exceptions. For example, if providing a blood sample would jeopardize your health, a non-invasive buccal swab can be done instead. But outright refusal is not permitted.

Police Use of Force to Obtain Samples

Can the police use physical force against you to obtain a DNA sample if you refuse to willingly provide one? This is a gray area legally.

The DNA database law states that “reasonable force” may be used to collect samples from convicted offenders who refuse. However, there is debate over what constitutes reasonable force in this context.

Some argue that forcible blood draws or buccal swabs are an unjustified invasion of bodily integrity. They contend it is never reasonable for the police to hold someone down and take their blood or swab the inside of their mouth. This position has some legal support, as a few courts have ruled forced DNA collection unconstitutional absent a separate search warrant.

However, other courts have upheld using force to obtain samples from uncooperative convicted offenders. So the law is unsettled as to how far the police can go to enforce this law against defiant individuals. The best advice is not to physically resist providing a DNA sample, as that can lead to additional charges against you.

If you believe the police used excessive force against you to collect DNA, you may have grounds to file a civil rights lawsuit. This is a complex area of the law, so consult an attorney who handles police misconduct cases.

How Long Do Offenders Stay in the DNA Database?

DNA profiles taken from convicted offenders remain in the database indefinitely. There is currently no mechanism in New Jersey’s law to have profiles removed from the database, even after completion of an offender’s sentence.

A few other states do allow offenders to petition for DNA expungement after a certain number of years. But New Jersey’s law contains no such provision.

So once your DNA goes into the database, it stays there permanently as of now. This has privacy implications, as your genetic code can be searched repeatedly for matches to crime scene evidence.

Some argue that indefinite DNA retention violates offenders’ rights and that profiles should be removed after offenders complete their sentences. There is pending legislation in New Jersey to allow certain offenders to apply for DNA expungement after 10 years. But for now, DNA profiles remain in the system forever.

Protection Against Misuse of DNA Information

A concern some have about DNA databases is the potential for misuse of offenders’ genetic information. Could the government use it for purposes other than law enforcement identification?

New Jersey’s DNA database law prohibits disclosure of stored DNA information for unauthorized purposes. It also specifies that the DNA samples are to be used only for “law enforcement identification purposes.”

So by law, the DNA profiles and samples should only be compared against evidence from criminal investigations. They cannot be used for unapproved reasons like genetic research without consent.

However, some argue the law does not go far enough to prevent governmental overreach. There are concerns that DNA information could potentially be shared for medical research studies, used to identify relatives of offenders, or disclosed to third parties. Additional legal safeguards may be needed.

The ACLU and other groups have challenged DNA database laws on the grounds they violate Constitutional privacy rights and give the government too much power to collect and retain people’s genetic information indefinitely. But so far, courts have consistently upheld the constitutionality of DNA databases.

Weighing Public Safety vs. Individual Rights

DNA database laws like New Jersey’s involve balancing public safety interests against individual privacy and autonomy concerns.

On one hand, DNA databases can help solve crimes – sometimes decades old cold cases. They provide leads for investigators and ensure offenders are identified if they reoffend. This serves the public good.

But critics argue compulsory DNA collection violates individual rights. Forcing someone to provide their genetic blueprint against their will is a significant intrusion. Retaining this sensitive information indefinitely raises privacy issues. There is also concern about the fairness of requiring only certain classes of people to surrender their DNA.

Proponents of DNA databases say convicted offenders forfeit privacy rights in favor of public safety. But civil liberties advocates argue Constitutional freedoms apply regardless of one’s criminal history.

This debate will continue as DNA database laws evolve. The technology is powerful and has benefits for law enforcement. But safeguards may be needed to prevent misuse and protect civil liberties. It’s a complex issue with reasonable arguments on both sides.

The Takeaway on New Jersey’s DNA Database Law

New Jersey’s DNA database law requires all convicted offenders of certain crimes to submit DNA samples. Refusing to provide a blood or buccal swab sample is a fourth degree crime.

While some oppose compulsory DNA collection as an infringement of rights, the law makes clear that refusal is not an option. Failure to comply results in a separate criminal charge.

Police may use “reasonable force” to obtain DNA from uncooperative offenders, but the legality of forcible sampling is questionable. Challenging forced collection in court is an option if excessive force was used.

Once an offender’s DNA profile enters the database, it remains indefinitely as things currently stand. There is no way to have it expunged in New Jersey.

Debate continues around DNA databases – their benefits for public safety versus risks to civil liberties. But the law is firmly established, so compliance is mandatory if convicted of a qualifying offense. Understanding the rules and consequences is important.

This overview covers the key aspects of New Jersey’s DNA database law in plain language. There are reasonable arguments on both sides of this issue. But if you are convicted of an applicable crime, refusing to provide DNA carries penalties. Consult an attorney if you have concerns about your rights and options.