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Bill > S4383
NJ S4383
NJ S4383Permits pretrial detention for contempt violation of protective order issued under "Victim's Assistance and Survivor Protection Act."
summary
Introduced
05/19/2025
05/19/2025
In Committee
05/19/2025
05/19/2025
Crossed Over
Passed
Dead
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill permits a prosecutor to file a motion for pretrial detention of an eligible defendant upon a contempt violation of an order entered under the "Victim's Assistance and Survivor Protection Act" (VASPA). Under current law, a prosecutor is permitted to file a motion for pretrial detention under the Criminal Justice Reform Act (CJR) for a contempt violation of an order under the "Prevention of Domestic Violence Act of 1991," (PDVA), N.J.S.A.2C:25-17 et seq. Under the contempt statute, N.J.S.A.2C:29-9, a violation of an order under PDVA and VASPA are treated the same; a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under PDVA or VASPA, when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense. In all other cases, a person is guilty of a disorderly persons offense if that person purposely or knowingly violates an order entered under PDVA or VASPA. However, N.J.S.A.2A:162-19 permits a prosecutor to make a motion for pretrial detention for a contempt violation under PDVA, but not VASPA. This bill expands N.J.S.A.2A:162-19 to permit a prosecutor to make a motion for pretrial detention for a violation of an order entered under the provisions of VASPA. A violation of the contempt statute for VASPA is a crime of the fourth degree if the violation could also constitute a crime or offense; otherwise it is a disorderly persons offense.
AI Summary
This bill expands the legal provisions for pretrial detention by allowing prosecutors to file a motion for pretrial detention when a defendant violates a protective order issued under the Victim's Assistance and Survivor Protection Act (VASPA). Currently, prosecutors can seek pretrial detention for contempt violations of protective orders under the Prevention of Domestic Violence Act (PDVA), but not VASPA. The bill amends existing law to add contempt violations of VASPA-issued orders as a basis for requesting pretrial detention. Under the contempt statute, violating such an order is considered a fourth-degree crime if the violation could constitute another crime or offense, or a disorderly persons offense in other cases. This change means that for VASPA protective order violations, prosecutors can now request that a court hold a defendant in jail before trial if they believe the defendant poses a risk of not appearing in court, endangering others, or obstructing justice. The bill aims to provide additional legal tools to protect victims by allowing courts to potentially detain individuals who repeatedly or seriously violate protective orders, thus potentially enhancing victim safety.
Committee Categories
Justice
Sponsors (2)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 05/19/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S4383 |
| BillText | https://pub.njleg.gov/Bills/2024/S4500/4383_I1.HTM |
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