Definitions relative to the preservation of biological evidence.

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2A:84A-32f Definitions relative to the preservation of biological evidence.

2. For the purposes of this act:

"Biological evidence" means any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or other identifiable biological material that was collected as part of the criminal investigation or may reasonably be used to incriminate or exculpate any person for the offense, whether this material is catalogued separately, such as on a slide or swab or in a test tube, or is present on other evidence, including, but not limited to, clothing, ligatures, bedding, or other household material, drinking cups, and cigarettes; the term also shall include the contents of a sexual assault examination kit.

"Custody" means when a person currently is incarcerated, civilly committed, on parole or probation, or subject to sex offender registration.

"Director" means the Director of the Division of Criminal Justice in the Department of Law and Public Safety.

"DNA" means deoxyribonucleic acid.

"Law enforcement or prosecuting agency" or "agency" means any governmental, public or private person or entity within this State charged with the collection, storage, or retrieval of biological evidence, including, but not limited to, law enforcement agencies, prosecutors' offices, courts, public hospitals, and crime laboratories.

"Profile" means a unique identifier of a person which is derived from that person's DNA.

L.2017, c.248, s.2.


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