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Bill > A4400


NJ A4400

NJ A4400
Establishes third degree crime for certain trespasses involving victim of domestic violence.


summary

Introduced
07/16/2020
In Committee
07/16/2020
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill provides that a person commits a crime of the third degree if, intending to cause annoyance or injury or intending to commit a crime, the person enters the dwelling of a victim of domestic violence protected by a domestic violence restraining order against the actor. Moreover, the bill creates a presumption that the actor did intend to cause annoyance or injury or to commit a crime if a domestic violence restraining order is in place, or if the actor has been convicted of or charged with a crime or offense arising from a domestic violence incident involving the victim. Finally, the bill provides that no presumption of nonincarceration shall apply to persons convicted of such crime. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.

AI Summary

This bill establishes a third-degree crime for certain trespasses involving a victim of domestic violence. Specifically, the bill provides that a person commits a third-degree crime if they intend to cause annoyance or injury or commit a crime by entering the dwelling of a victim of domestic violence who is protected by a restraining order against the actor. The bill creates a rebuttable presumption that the person intended to cause annoyance or injury or commit a crime if a domestic violence restraining order is in place or if the actor has been convicted of or charged with a domestic violence incident involving the victim. Additionally, the bill specifies that the presumption of non-incarceration shall not apply to persons convicted under this provision, meaning they are more likely to face imprisonment.

Committee Categories

Justice

Sponsors (4)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 07/16/2020)

bill text


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