New Jersey § 2a:84a-32c

§ 2a:84a-32c.

a. If a party seeks to conduct DNA testing at an accredited non-NDIS participating

laboratory that otherwise meets the requirements set forth in paragraphs (1) and (2)

of subsection e. of section 1 of P.L.2001, c. 377 ( C.2A:84A-32a ) and the party seeks to submit the DNA profile information to CODIS in accordance

with subsection l. of section 1 of P.L.2001, c. 377 ( C.2A:84A-32a ) the party, upon notice to the Attorney General and to the NDIS-participating laboratory,

may request the court to order the NDIS-participating laboratory within the State

to evaluate whether the laboratory at which the party seeks to conduct DNA testing

is in compliance with the FBI Quality Assurance Standards for Forensic DNA Testing

Laboratories for the purpose of uploading crime scene profiles to CODIS. The Attorney General may appear on the motion on his own behalf or on behalf of

the NDIS-participating laboratory, if that laboratory is a public entity. b. The court may order the NDIS-participating laboratory to conduct an evaluation

pursuant to subsection b. of this section only if the court finds that the moving

party clearly demonstrates: (1) the New Jersey State Police Office of Forensic Sciences DNA Laboratory is not

able to, or for practical reasons has determined not to, perform the specific testing

and analysis sought by the moving party, or that its performance of the testing and

analysis would not be substantially equivalent to that of the other laboratory, or

that the testing would not otherwise be appropriate; (2) there is a significant likelihood that, if the results of the requested DNA testing

were favorable to the moving party, a motion for a new trial based upon newly discovered

evidence would be granted; (3) requiring the NDIS-participating laboratory to conduct the evaluation will not

delay investigations or unduly burden the resources of the New Jersey State Police

Office of Forensic Sciences DNA Laboratory or other NDIS-participating laboratory

that may be involved in the matter; and (4) if an evaluation were undertaken, there would be a reasonable likelihood that

the results of the evaluation would conclude in a finding by the NDIS-participating

laboratory that the laboratory at which the party seeks to conduct DNA testing is

in compliance with the FBI Quality Assurance Standards for Forensic DNA Testing Laboratories

for the purpose of uploading crime scene profiles to CODIS, and that the results of

that laboratory's DNA testing, if a DNA profile is generated, would comply with federal

requirements for inclusion in CODIS. c. If the court orders an evaluation pursuant to subsection b. of this section, within

120 days of receiving the court's order, the NDIS-participating laboratory shall complete

the pre-approval process to determine if the non-NDIS-participating laboratory at

which the party seeks to conduct DNA testing is in compliance with FBI Quality Assurance

Standards for Forensic DNA Testing Laboratories, by obtaining and reviewing the records

of an on-site visit and assessment conducted by the FBI or another NDIS-participating

laboratory. If an on-site visit and assessment have not been conducted within the time frames

required by federal law or the laboratory does not comply with other applicable standards,

or the results of an on-site visit and assessment are unavailable, the NDIS-participating

laboratory may, within the limits of available resources, conduct its own on-site

visit and assessment of the laboratory at which the party seeks to conduct DNA testing,

provided that the laboratory agrees to cooperate with the on-site visit and assessment

and the moving party bears the costs associated with the on-site visit and assessment. d. In the event that the requirements set forth in the FBI Quality Assurance Standards

for Forensic DNA Testing Laboratories following the effective date of P.L.2015, c. 127 ( C.2A:84A-32c et al.) are amended or otherwise superseded, the NDIS-participating laboratory shall

complete such other process as may be prescribed for the assessment of non-NDIS-participating

laboratories. e. A determination by the NDIS-participating laboratory as to whether the laboratory

at which the party seeks to conduct DNA testing is in compliance with FBI Quality

Assurance Standards for Forensic DNA Testing Laboratories shall not be subject to

judicial review.