Bill > A5726

Introduced Session

This bill makes various revisions to the Crime Victims' Bill of Rights. The Victims' Rights Amendment to the New Jersey Constitution, enacted by the voters in 1991 as paragraph 22 of Article I, makes crime victims' rights a constitutional mandate and specifically provides that victims "shall be entitled to those rights and remedies as may be provided by the Legislature." Under the Crime Victims' Bill of Rights, crime victims and witnesses are to be free from intimidation, harassment, or abuse by any person including the defendant or any other person acting in support of or on behalf of the defendant, due to the involvement of the victim or witness in the criminal justice process. This bill expands the Crime Victims' Bill of Rights by expanding the process for plea agreements. Under current law, victims and witnesses have the opportunity to consult with the prosecuting authority prior to the conclusion of plea negotiations. This bill grants victims and witnesses the opportunity to consult with the prosecuting attorney prior to the beginning of any plea negotiations. In addition, the bill provides that the court is to determine whether the victim received adequate notice of the hearing if the victim is not present in court for the plea hearing. If the court determines the victim received adequate notice of the hearing, the court may, within its discretion, proceed with the plea hearing. A court that determines the victim did not receive adequate notice of the proceeding would be required to adjourn the plea hearing until such time as the victim can be present with the opportunity to be heard by the court. If the victim objects to the proposed plea bargain, the victim would be required to notify the court and the prosecutor within a reasonable time of receiving the prosecutor's notice of the proposed plea bargain, and the court is to schedule a hearing on the victim's objection. The bill also provides that at a hearing the victim, the prosecutor, and the defendant may present testimony and an argument regarding the victim's opposition to the proposed plea bargain. The court may, within its discretion, reject a plea agreement if it finds: (1) the proposed plea violates the victim's rights under Article I, paragraph 22 of the New Jersey Constitution, or any law of this State; (2) to permit the plea would cause a manifest injustice to the victim or the victim's survivors; and (3) a rejection of the plea offer does not violate the defendant's rights under the federal and State constitutions. The bill also allows victims and witnesses to be represented in any court by a private attorney in connection with any rights afforded by Article I, paragraph 22 of the New Jersey Constitution or by any other law or administrative regulation applicable to the matter before the court. In addition, the bill requires law enforcement agencies to furnish incident reports to a victim or the victim's attorney when there is a pending domestic violence restraining order or pending sexual assault restraining order within 24 hours or as soon as practicable but in no event more than five days after the date the report is requested. Finally, the bill expands the definition of victim to include the parent or legal guardian of a minor victim and anyone financially dependent on the victim.

AI Summary

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Angela Mcknight (D)*, 

Introduced, Referred to Assembly Law and Public Safety Committee (on 11/20/2023)

Official Document