Bill > S2750

Introduced Session

Sexual assault remains a persistent problem in the military despite numerous initiatives to address it. The lack of progress stems from the complexity of the problem of sexual assaults, and it is necessary to develop effective prevention and response programs to increase the reporting of sexual assaults as well as to increase the conviction rates of perpetrators of sexual assault. This bill directs a State court to issue a temporary protective order, in the case of nonconsensual sexual conduct or domestic violence, upon complaint of an applicant who is a service member of the New Jersey National Guard or any Reserve Component of the Armed Forces of the United States serving within the State who is a victim of non-consensual sexual contact who has also received a military protective order, or upon complaint of the Staff Judge Advocate of the New Jersey National Guard or any Reserve Component serving in the State on behalf of a named victim who is a victim of non-consensual sexual contact who has also received a military protective order. The bill makes military protective orders issued by an appropriate military authority effective throughout the State, provides for their enforcement, and directs the Administrative Office of the Courts to establish and maintain a central registry of all orders of protection issued by an appropriate military authority or a foreign tribunal and all persons who have been charged with a violation of a protective order. The bill makes it a petty disorderly persons offense if, with the purpose to harass another, a person engages in conduct after having been notified, while the person was a member of the National Guard, not to engage in such conduct by a commanding officer. In addition, the bill prohibits any person from obtaining a handgun purchase permit or firearms purchaser identification card who is subject to a restraining order issued pursuant to Prevention of Domestic Violence Act of 1991, a temporary or final domestic violence restraining order issued in another jurisdiction, or a substantially similar order issued by the court of another state, tribe, United States Territory, appropriate military authority, or military tribunal. Under the bill, a person, or the family member of the person, that is participating in a military legal proceeding is to receive unpaid leave from employment to seek legal assistance and remedies and attend and prepare for the proceeding when the proceeding involves domestic or sexual violence. The bill also directs the Adjutant General to provide current and former members of the National Guard who were the victims of sexual assault or sexual harassment while members of the National Guard and who are involved in administrative or New Jersey Code of Military Justice proceedings related to sexual assault or sexual harassment, with financial assistance to fully cover the expenses of traveling to and from and participating in those proceedings. The bill stipulates that a person with an order of protection issued by the court of another state, tribe, United States territory, military tribunal, or military protective order issued by an appropriate military authority to file the order with the clerk of the Superior Court in a judicial vicinage in which the person believes that enforcement may be necessary, and requires the New Jersey National Guard to file a certified copy of any military order of protection with the court in a judicial vicinage in which the person entitled to protection resides or, if the person entitled to protection is not a State resident, in a judicial circuit in which it is believed that enforcement may be necessary. Full-time civilian law enforcement officers employed by the Defense Criminal Investigative Service, Army Criminal Investigation Division, Naval Criminal Investigative Service, or Air Force Office of Special Investigations, who are empowered to effect an arrest with or without a warrant for violations of the United States Code and who are authorized to carry firearms in the performance of their duties are authorized under the bill to act as an officer for the arrest of offenders against the laws of this State where the person reasonably believes that a crime of the first, second, or third degree is or is about to be committed or attempted in his presence, and where the person reasonably believes that a crime of the fourth degree, relating to criminal sexual contact, harassment, or stalking is or is about to be committed or attempted in his presence on a military installation, or off a military installation by a service member against another person, regardless of whether or not either person was on or off duty at the time of the alleged assault, while that officer is in the performance of official duties. The bill provides that a person subject to military discipline under State law who commits an offense of harassment prohibited under State law will be guilty of that offense in accordance with military discipline and be punished as a court martial may direct. Pursuant to the bill, an application for a claim to the Victims of Crime Compensation Office by a military personnel victim based on a sexual assault by another military personnel will not be denied solely because it was not reported to a superior officer or law enforcement officer at the time of the crime and sets forth factors that will be considered for purposes of determining if a claim of military sexual assault qualifies for compensation. The bill provides that if a report is accepted as a credible allegation of domestic abuse or child abuse or neglect by the Department of Children and Families, the department will collect information concerning the military status of the spouse, intimate partner, parent, or guardian of the child who is the subject of the report and share information about the allegation with the appropriate military authorities in accordance with the memorandum of understanding with the military family advocacy program at a local military installation, with respect to interpersonal violence and child abuse and neglect investigations. The State may, pursuant to the bill, exercise concurrent jurisdiction with the United States over a military installation of the United States Department of Defense located within the State in a matter relating to a violation of federal law or the Uniform Code of Military Justice if certain conditions are met. Lastly, the bill provides that, upon acceptance or relinquishment of the United States by the Governor or any other State official, department, or agency, the State will exercise concurrent jurisdiction with the United States over a military installation of the United States within the State in and over land or lands ceded, in a matter related to a violation of federal or State law, upon any child or juvenile, within the limits and extent of lands so ceded and providing that the State will retain concurrent jurisdiction over a military installation of the United States in certain cases.

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Nilsa Cruz-Perez (D)*,  Gordon Johnson (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/15/2024)

Official Document