TRENTON, N.J. — A new bill introduced by Senator Raj Mukherji aims to restrict the use of DNA obtained from newborns and crime victims, placing limits on how genetic information can be accessed and used by law enforcement and other entities in New Jersey.
Did you know that DNA samples are taken from every baby born in New Jersey without notifying the parents and without their consent? That DNA is entered into a database that is being used to capture relatives of those babies. In the near future that DNA sample could be used against the baby itself.
Critics have argued the practice employed by New Jersey law enforcement agencies is an illegal invasion of privacy. There are few limits on how the state can use that DNA data at this time.
The bill, which amends the state’s existing laws on genetic testing, addresses concerns that DNA samples from newborns and crime victims have been misused in ways that go beyond their intended purposes. Recent reports have highlighted cases where DNA samples were used to investigate or convict family members of crime victims, witnesses, or newborns, raising privacy concerns.
Under the proposed legislation, DNA samples collected from crime victims or witnesses would be restricted to identifying suspects directly related to the criminal investigation or prosecution for which the sample was initially obtained. This measure seeks to prevent the use of a victim’s or witness’s DNA for unrelated purposes, such as implicating family members.
In addition, the bill limits the use of DNA collected from newborns to detecting disorders or conditions explicitly authorized by New Jersey’s Newborn Screening Program. Currently, newborns’ DNA is collected for screening purposes, but the bill emphasizes that any further use beyond these screenings would require informed consent from parents or guardians.
While current law allows law enforcement agencies to use DNA for criminal investigations without consent, the bill proposes that such use be confined to cases where a valid court order or warrant has been issued. Additionally, any disclosure of genetic information, including through subpoenas or other legal means, would require court authorization.
“This legislation is designed to ensure that sensitive genetic information is used only for its intended purpose and not exploited for unrelated investigations,” reads a statement accompanying the bill.
If passed, the bill would go into effect four months after enactment.
