Bill > A1391

Introduced Session

This bill provides that the location of certain victims of assault, harassment, and stalking would be confidential and not appear on law enforcement or court documents or records to which the defendant has access. The bill also clarifies language in current law concerning the confidentiality of the location of certain domestic violence victims. The bill also adds language to the domestic violence statutes clarifying that when a defendant is found guilty of a crime or offense involving domestic violence, the victim's location would be confidential. Section 3 of P.L.1996, c.39 (C.2C:12-10.1) provides that a judgment of conviction for stalking operates as an application for a permanent restraining order limiting the contact of the defendant and the victim. A hearing will be held on the application for a permanent restraining order at the time of the verdict or plea of guilty unless the victim requests otherwise. The bill amends this section by providing that the victim's location would be confidential and not appear on law enforcement or court documents or records to which the defendant has access, without the need for a specific court order. The bill also amends section 2 of P.L.1999, c.47 (C.2C:12-10.2). This statute provides that in any case involving an allegation of stalking where the victim is a child under the age of 18 or is developmentally disabled as defined in section 3 of P.L.1977, c.200 (C.5:5-44.4) or is 18 years of age or older and has a mental disease or defect which renders the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent, the court may issue a temporary restraining order against the defendant which limits the contact of the defendant and the victim. The bill provides that in these cases the victim's location would be confidential and not appear on law enforcement or court documents or records to which the defendant has access. The bill provides that in a criminal complaint involving an allegation of stalking, the victim's location would be confidential as well, and would not appear on law enforcement or court documents or records to which the defendant has access. Under section 10 of P.L.1991, c.261 (C.2C:25-26), when a defendant charged with a crime or offense involving domestic violence is released from custody before trial on bail or personal recognizance, the victim's location shall remain confidential and shall not appear on any documents or records to which the defendant has access. The bill amends section 9 of P.L.1991, c.261 (C.2C:25-25), which provides in pertinent part that in a criminal complaint arising from a domestic violence incident, the court shall waive any requirement that the victim's location be disclosed to any person. The bill deletes this provision and replaces it with language providing that the victim's location would be confidential and would not appear on any law enforcement or court documents or records to which the defendant has access. The bill also amends section 11 of P.L.1991, c.261 (C.2C:25-27). This statute concerns procedures when a defendant is found guilty of a crime or offense involving domestic violence. The bill clarifies that upon the defendant's conviction the victim's location would remain confidential and not appear on any law enforcement or court documents or records to which the defendant has access. Under the bill, a victim of assault or aggravated assault pursuant to N.J.S.2C:12-1, harassment pursuant to N.J.S.2C:33-4, or cyber-harassment pursuant to section 1 of P.L.2013, c.272 (C.2C:33-4.1) could make application to the court for an order providing that the victim's location would be confidential and would not appear on any law enforcement or court documents or records to which the defendant has access. In addition, the bill clarifies a provision in current law concerning defendants charged with sex offenses. Under section 2 of P.L.2007, c.133 (C.2C:14-12), when a defendant charged with a sex offense is released from custody before trial on bail or personal recognizance, the victim's location shall remain confidential and shall not appear on documents or records to which the defendant has access. The bill clarifies that this provision would apply both to law enforcement and to court documents and records. The bill also changes the phrase in this section "the victim's location shall remain confidential" to "the victim's location shall be confidential" to account for any possible inconsistency concerning the previous status of the confidentiality of the victim's location.

AI Summary

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Shama Haider (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document