Bill > S1770

Introduced Session

This bill would authorize protective orders for witnesses and victims of various first and second degree crimes if an actor attempted to prevent or obstruct them from reporting, through the means of force or intimidation, the crime to a law enforcement agency. Under P.L.1985, c.250 (C.2C:28-5.1 et seq.), a court may issue a protective order for a witness or victim if the defendant in the criminal action or any other person connected with the action has violated or is likely to violate N.J.S.2C:28-5, N.J.S.2C:29-3 or N.J.S.2C:29-4, or if that person has threatened to injure or intimidate any witness in the pending offense or a member of the witness' family with purpose to affect the testimony of the witness. The bill would establish a similar form of protective order to protect any witness or victim of a first or second degree crime enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2), including but limited to murder, kidnapping, and sexual assault, if an actor has attempted to prevent or obstruct through means of force or intimidation the alleged victim from reporting the crime to a law enforcement agency, and if the alleged victim is not eligible for a restraining order as a "victim of domestic violence" under the domestic violence statutes. A protective order may be sought, and may be issued by the court, regardless of whether criminal charges based on the incident were filed and regardless of the disposition of any such charges. The court would waive any requirement that the applicant's or alleged victim's place of residence appear on the application. An applicant may seek a protective order in a court having jurisdiction where the alleged conduct or attempted conduct occurred, where the respondent resides, or where the alleged victim resides or is sheltered. Under the bill, a judge of the Superior Court may enter an emergency, ex parte order when necessary to protect the safety and well-being of an alleged victim on whose behalf the relief is sought. The court would grant any relief necessary to protect the safety and well-being of the alleged victim. If the court is closed, such as on weekends, holidays and other times, an alleged victim may file an application before a judge of the Superior Court or a municipal court judge who shall be assigned to accept applications and issue emergency, ex parte relief in the form of temporary protective orders. If the court is satisfied that exigent circumstances exist the would excuse the alleged victim from having to appear personally, and sufficient grounds for granting the application have been shown, the temporary protective order would be issued, pursuant to court rules, upon sworn testimony or an application of an alleged victim who is not physically present, or by a person who represents an alleged victim who is physically or mentally incapable of filing personally. An order for emergency, ex parte relief pursuant to the bill would be granted upon good cause shown and would remain in effect until a judge of the Superior Court issues a further order. Temporary protective orders would be forwarded to the sheriff of the county in which the respondent resides for immediate service upon the respondent in accordance with the Rules of Court. The court or the sheriff may coordinate service of the final protective order upon the respondent through the police in appropriate circumstances. A temporary protective order issued would be immediately appealable for a plenary hearing de novo not on the record before any judge of the Superior Court of the county in which the alleged victim resides or is sheltered if that judge issued the temporary protective order or has access to the reasons for the issuance of the order and sets forth in the record the reasons for the modification or dissolution. A temporary protective order issued by the court may include but not be limited to: the respondent maintaining a certain geographic distance from the alleged victim, no communication between the respondent and the alleged victim, and any other relief that the court deems appropriate. The bill would require that a hearing be held on a final protective order in the Superior Court within 10 days of the filing of an application where the temporary protective order was granted. The bill provides that if a criminal complaint arising out of the same incident which is the subject matter of the application for a protective order has been filed, testimony given by the applicant in accordance with an application filed pursuant to this bill would not be used in the criminal proceeding against the respondent, other than contempt matters, and where it would otherwise be admissible hearsay under the Rules of Evidence that govern when a party is unavailable. At the hearing, the standard for providing the allegations made in the application for a final protective order would be a preponderance of the evidence. The court would consider but not be limited to the following factors: the occurrence of one or more acts of attempting to prevent or obstruct by means of force or intimidation from reporting the crime to a law enforcement agency with the purpose to hinder the actor's own or another's detention, apprehension, investigation, prosecution, conviction, or punishment in violation of N.J.S.2C:29-3; and the possibility of future risk to the safety or well-being of the alleged victim. A final protective order would be issued only after a finding or an admission is made that the respondent committed an act of attempting to prevent or obstruct by means of force or intimidation against the alleged victim. A final protective order may include but not be limited to: the respondent maintaining a certain geographic distance from the alleged victim, no communication between the respondent and the alleged victim, and any other relief that the court deems appropriate. Notice of a final protective order issued would be sent by the clerk of the Superior Court or other person designated by the court to the appropriate county prosecutor, the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency. A final protective order issued would remain in effect until further order of a judge of the Superior Court. Either party may file a petition with the court to dissolve or modify a final protective order. When considering a petition for dissolution or modification of a final protective order, the court would conduct a hearing to consider whether a material change in circumstances has occurred since the issuance of the protective order. Any temporary or final protective order issued pursuant to this act would be in effect throughout the State and enforced by all law enforcement officers. A violation by the respondent of any protective order would constitute an offense under subsection a. of N.J.S.2C:29-9. Violations of these orders may be enforced in a civil or criminal action initiated by the alleged victim or by the court, on its own motion, pursuant to applicable court rules. The Attorney General would issue directives or guidelines for police officers to promote compliance with this act. The Administrative Office of the Courts would establish procedures to ensure implementation of this act. It is the sponsor's view that many witnesses or victims of violent crimes are scared to report crimes to the police because a person has attempted to prevent or obstruct them through means of force or intimidation. This bill would permit the alleged victim to obtain a protective order from the court when they report the crime to the police.

AI Summary

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Angela Mcknight (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/09/2024)

Official Document