Bill Text: NJ A5045 | 2026-2027 | Regular Session | Introduced
Bill Title: Concerns investigative genetic genealogy; appropriates $500,000.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-11 - Introduced, Referred to Assembly Public Safety and Preparedness Committee [A5045 Detail]
Download: New_Jersey-2026-A5045-Introduced.html
Sponsored by:
Assemblyman MICHAEL VENEZIA
District 34 (Essex)
SYNOPSIS
Concerns investigative genetic genealogy; appropriates $500,000.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning investigative genetic genealogy, supplementing Title 52 of the Revised Statutes, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
"Accessible genetic genealogy database" means a consumer or private genetic genealogy database where users upload their genetic data and are given the option to have that data searched for the purposes of investigative genetic genealogy.
"Genetic genealogy database" means any consumer or private genetic genealogy database where users upload their genetic data for genealogical purposes.
"Investigating agency" means a State, county, or municipal law enforcement agency, medical examiner's office, post-conviction organization, or criminal defense attorney.
"Investigative genetic genealogy" means an investigative method applied to investigative genetic genealogy qualifying crimes, wrongful convictions, and unidentified human remains that uses genetic and genealogical information to establish relationships between individuals, leading to a hypothesis about the identity of an individual.
"Investigative genetic genealogy center" means a center or organization that conducts investigative genetic genealogy and is overseen by at least one investigative genetic genealogy practitioner that is accredited by the Investigative Genetic Genealogy Accreditation Board.
"Investigative genetic genealogy practitioner" means an individual qualified through training or experience to conduct investigative genetic genealogy.
"Investigative genetic genealogy qualifying crime" means murder, aggravated manslaughter, sexual assault or aggravated sexual assault, aggravated assault, terrorism, kidnapping, ongoing threats to the public, and any other violent crimes as defined by the Federal Bureau of Investigation's Uniform Crime Reporting Program.
"Probative DNA" means DNA that is reasonably believed by law enforcement, the medical examiner, or a post-conviction or defense attorney to have come from the perpetrator of an investigative genetic genealogy qualifying crime or unidentified human remains.
"Reference tester" means an individual who agrees to submit the individual's DNA for testing; an individual whose DNA is surreptitiously collected, tested, and submitted to one or more genetic genealogy databases; or an individual who agrees to upload the individual's existing genetic profile to one or more genetic genealogy databases.
"Single nucleotide polymorphism (SNP) DNA profile" means a genetic profile that is suitable for upload to one or more genetic genealogy databases.
b. An investigating agency shall collaborate with an investigative genetic genealogy center on cases where investigative genetic genealogy is being utilized and shall be permitted to choose which investigative genetic genealogy center with which to collaborate. The policies and procedures set forth by the investigative genetic genealogy center shall apply to all investigative genetic genealogy casework performed by the investigative genetic genealogy center.
c. A State, county, or municipal law enforcement agency may initiate investigative genetic genealogy for an unsolved crime if the law enforcement agency reasonably believes that the crime is an investigative genetic genealogy qualifying crime and probative DNA related to the crime is available for testing.
d. A State, county, or municipal law enforcement agency or medical examiner's office may initiate investigative genetic genealogy for unidentified human remains if probative DNA related to the remains is available for testing.
e. An individual seeking post-conviction relief may request investigative genetic genealogy in accordance with the procedures and criteria set forth in section 1 of P.L.2001, c.377 (C.2A:84A-32a); except that the provisions of paragraphs (1) and (2) of subsection e. of section 1 of P.L.2001, c.377 (C.2A:84A-32a) shall not apply. The cost of conducting investigative genetic genealogy shall be borne by the individual seeking post-conviction relief.
f. The investigative genetic genealogy center performing the investigative genetic genealogy may coordinate or facilitate the shipment of evidentiary samples from the investigating agency to the appropriate laboratory. It shall be the responsibility of the investigating agency to ship any evidentiary samples to the appropriate laboratory.
g. The investigative genetic genealogy center shall consult with the investigating agency regarding the appropriate single nucleotide polymorphism (SNP) DNA testing laboratory for a particular evidentiary sample. The investigating agency shall abide by the terms of service provided by the single nucleotide polymorphism (SNP) DNA testing laboratory that is used.
h. If a confirmatory one-to-one DNA comparison is used to confirm the investigative genetic genealogy lead, it may be conducted by using a comparison of short-tandem-repeat (STR) DNA profiles or single nucleotide polymorphism (SNP) profiles. When relying on a short-tandem-repeat (STR) DNA profile comparison, the investigating agency shall use only forensic DNA testing laboratories that are accredited to conduct these comparisons. When relying on a single nucleotide polymorphism (SNP) DNA profile comparison, any laboratory capable of completing the comparison may be used. The investigative genetic genealogy center shall consult with the investigating agency to determine the appropriate laboratory for conducting a direct single nucleotide polymorphism (SNP) to single nucleotide polymorphism (SNP) comparison. For cases involving unidentified human remains, wrongful conviction, or criminal cases in which one-to-one DNA comparison is not practicable or possible, confirmation of identity may be conducted through the use of familial DNA or other investigative means.
i. The investigating agency shall retain authority over all materials developed in a case involving investigative genetic genealogy.
j. The single nucleotide polymorphism (SNP) profile derived from the probative DNA may only be uploaded to genetic genealogy databases whose terms of service allow for law enforcement use, unless a court issues a warrant allowing law enforcement access to other genetic genealogy databases.
k. If reference testing is required, the investigating agency shall determine the parameters of contact with reference testers in collaboration with the investigative genetic genealogy center. The investigating agency shall use voluntary reference testers, unless the investigating agency reasonably believes the use of voluntary reference testers will jeopardize the case.
When relying on a voluntary reference tester, the reference tester shall retain ownership and control over the individual's genetic profile and may revoke consent for law enforcement use at any time by opting out of allowing law enforcement to search in the accessible genetic genealogy databases or removing the profile from any genetic genealogy database.
When an investigating agency reasonably believes that relying on a voluntary reference tester will jeopardize the case, the investigating agency may conduct surreptitious DNA collection in accordance with State law. The genetic profiles of reference testers whose DNA is collected surreptitiously may only be uploaded to accessible genetic genealogy databases, unless a court issues a warrant authorizing the genetic profile to be uploaded to any genetic genealogy database identified in the warrant.
l. If an individual is acquitted through the use of investigative genetic genealogy after being charged with an investigative genetic genealogy qualifying crime, all genetic profiles for that individual and for any reference testers whose DNA was collected surreptitiously shall be removed from all genetic genealogy databases.
2. a. The Attorney General shall establish a grant program to provide funding to State, county, and municipal law enforcement agencies and medical examiner's offices for:
(1) the laboratory costs for developing single nucleotide polymorphism (SNP) profiles for investigative genetic genealogy, enabling the uploading of single nucleotide polymorphism (SNP) profiles, including reference tester profiles, to genetic genealogy databases; and utilizing confirmatory DNA testing using short-tandem-repeat (STR) or single nucleotide polymorphism (SNP); and
(2) the cost for the investigative genetic genealogy center to perform investigative genetic genealogy, which shall be $7,500 per case to be paid by the law enforcement agency or medical examiner's office to the investigative genetic genealogy center.
The Attorney General shall establish guidelines to implement the grant program including, but not limited to, application procedures and eligibility criteria.
b. There is established in the Department of Law and Public Safety a separate, nonlapsing fund to be known as the "Investigative Genetic Genealogy Fund." The fund shall consist of moneys appropriated by the Legislature for the purposes of the fund. All interest earned on moneys in the fund shall be credited to the fund. The fund shall be administered by the Attorney General and shall be used solely for the purposes set forth in subsection a. of this section.
3. a. There is appropriated from the General Fund to the Department of Law and Public Safety $500,000 which shall be deposited into the "Investigative Genetic Genealogy Fund" to be used for the purposes set forth in section 2 of this act.
b. The Department of Law and Public Safety shall request annually as part of its annual budget proposal $500,000 to fund the grants authorized pursuant to section 2 of this act.
4. This act shall take effect on the first day of the seventh month next following the date of enactment.
STATEMENT
This bill concerns investigative genetic genealogy and appropriates $500,000.
Under the provisions of this bill, an investigating agency is required to collaborate with an investigative genetic genealogy center on cases where investigative genetic genealogy is being utilized and is permitted to choose which investigative genetic genealogy center to collaborate with. The policies and procedures set forth by the investigative genetic genealogy center are to apply to all investigative genetic genealogy casework performed by the investigative genetic genealogy center.
The bill defines an "investigating agency" as a State, county, and municipal law enforcement agency, medical examiner's office, post-conviction organization, or criminal defense attorney. Additionally, "investigative genetic genealogy center" is defined as a center or an organization that conducts investigative genetic genealogy and is overseen by at least one investigative genetic genealogy practitioner that is accredited by the Investigative Genetic Genealogy Accreditation Board.
Under the bill, a State, county, or municipal law enforcement agency may initiate investigative genetic genealogy for an unsolved crime if the law enforcement agency reasonably believes that the crime is an investigative genetic genealogy qualifying crime and probative DNA related to the crime is available for testing. The bill defines "investigative genetic genealogy qualifying crime" as murder, aggravated manslaughter, sexual assault or aggravated sexual assault, aggravated assault, terrorism, kidnapping, ongoing threats to the public, and any other violent crimes as defined by the Federal Bureau of Investigation's Uniform Crime Reporting Program.
In addition, a State, county, or municipal law enforcement agency or a medical examiner's office may initiate investigative genetic genealogy for unidentified human remains if probative DNA related to the remains is available for testing.
Further, under the bill, an individual seeking post-conviction relief may request investigative genetic genealogy in accordance with the procedures set forth under current law for requesting DNA testing, with the exception of certain provisions requiring the use of certain laboratories for DNA testing. The costs of conducting investigative genetic genealogy are to be borne by the individual seeking post-conviction relief.
The bill further sets forth procedures for conducting investigative genetic genealogy, including coordination of the shipment of evidentiary samples, selection of the appropriate laboratory for testing evidentiary samples, the uploading of the genetic profiles to genetic genealogy databases, and the deletion of genetic profiles for a person who was acquitted through the use of investigative genetic genealogy after being charged with certain qualifying crimes and any reference testers whose DNA was surreptitiously collected.
In addition, the bill sets forth criteria for using reference testers in investigative genetic genealogy. "Reference tester" is defined as an individual who agrees to submit the individual's DNA for testing; an individual whose DNA is surreptitiously collected, tested, and submitted to one or more genetic genealogy databases; or an individual who agrees to upload the individual's existing genetic profile to one or more genetic genealogy databases.
The bill requires the Attorney General to establish a grant program to provide funding to State, county, and municipal law enforcement agencies and medical examiner's offices for: 1) the laboratory costs for developing single nucleotide polymorphism (SNP) profiles for investigative genetic genealogy; enabling the uploading of single nucleotide polymorphism (SNP) profiles, including reference tester profiles, to genetic genealogy databases; and utilizing confirmatory DNA testing using short-tandem-repeat (STR) or single nucleotide polymorphism (SNP); and 2) the cost for the investigative genetic genealogy center to perform investigative genetic genealogy, which is to be $7,500 per case to be paid by the law enforcement agency or medical examiner's office to the investigative genetic genealogy center. The Attorney General is required to establish guidelines to implement the grant program, including, but not limited to, application procedures and eligibility criteria.
Further, under the bill, there is created in the Department of Law and Public Safety a nonlapsing revolving fund to be known as the "Investigative Genetic Genealogy Fund." Moneys deposited in the fund, and any interest, are required to be used exclusively for the purposes set forth in the bill.
Finally, the bill appropriates from the General Fund to the Department of Law and Public Safety $500,000 which is to be deposited into the "Investigative Genetic Genealogy Fund" to be used for the purposes set forth in the bill. The Department of Law and Public Safety is required to request annually as part of its annual budget proposal $500,000 to fund the grants authorized pursuant to the bill's provisions.
