Bill > S1341

Introduced Session

This bill authorizes the court to issue restraining orders against defendants charged with a crime as a condition of release on bail. Under the bill, when a person is charged with a crime on a warrant and is released from custody before trial on bail, appearance bond, personal recognizance, or a non-monetary condition or conditions pursuant to P.L.2014, c.31 (C.2A:162-15 et seq.), the court, upon application of a law enforcement officer or prosecutor, shall as a condition of release issue an order prohibiting the person from entering a particular place. The bill defines "place" to include any premises, residence, business establishment, location or specified area including all buildings and all appurtenant land, in which or at which a crime occurred or is alleged to have occurred or is affected by the crime with which the person is charged or where a witness to the crime or a member of the family of the witness resides, is employed, or attends school. The definition of "place" does not include public rail, bus or air transportation lines or limited access highways which do not allow pedestrian access. Under the bill, the court may forego issuing a restraining order if the defendant establishes by clear and convincing evidence that: (1) the defendant lawfully resides at or has legitimate business on or near the place, or otherwise legitimately needs to enter the place. In such an event, the bill provides that the court shall not issue an order unless the court is clearly convinced that the need to bar the person from the place in order to protect the public safety and the rights, safety and health of the residents and persons working in the place outweighs the person's interest in returning to the place. If the balance of the interests of the person and the public so warrants, the court may issue an order imposing conditions upon the person's entry at, upon or near the place; or (2) the issuance of an order would cause undue hardship to innocent persons and would constitute a serious injustice which overrides the need to protect the rights, safety and health of persons residing in or having business in the place. Violation of a restraining order under the bill would not result in the forfeiture of a bond posted for the underlying offense. This bill is modeled on the "Drug Offender Restraining Order Act of 1999," P.L.1999, c.334 (C.2C:35-5.4 et seq.).

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Shirley Turner (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/10/2020)