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Bill > S4596


NJ S4596

NJ S4596
Requires victim notification concerning termination of sex offender's obligation to register and requires court to enter or continue restraining order for victim of sex offense under certain circumstances.


summary

Introduced
06/09/2025
In Committee
06/09/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill requires victim notification concerning the termination of a sex offender's obligation to register and requires the court to enter or continue a restraining order for a victim of a sex offense under certain circumstances. The sponsor believes that victims of sex offenses should have the right to be informed of a potential change in the status of the offender when that offender requests to be removed from the registry of sex offenders. Those victims should also be guaranteed the opportunity to appear at any hearing on the matter and to address the court at that time. Should the court grant the offender's request to be removed, the victim should be informed of that as well. Additional protections through restraining orders should also be provided. Under current law, with certain exceptions, a person required to register under Megan's Law may make an application to the Superior Court to terminate the obligation to register upon proof that the person has not committed an offense within 15 years following conviction or release from imprisonment, whichever is later, and is not likely to pose a threat to the safety of others. Under the provisions of this bill, upon receipt of an application to terminate the obligation to register as a sex offender, the court is required to notify the victim of the sex offense for which the person is required to register of the filing of the application and the date, time, and location of any hearing on the application. The bill provides that the victim has the right to appear at the hearing and make a statement to the court regarding the victim's position on the application. The court also is required to notify the victim if the application is granted and the person's obligation to register is terminated. In addition, current law provides that when a defendant charged with a sex offense is released from custody before trial on bail or personal recognizance, the court authorizing the release may, as a condition of release, issue an order prohibiting the defendant from having any contact with the victim. Under the provisions of this bill, the court is required to issue an order prohibiting the defendant from having any contact with the victim if the victim consents to the order being entered. Current law also provides that when a defendant is found guilty of a sex offense, the court may, at the time of sentencing, order the continuation of a prior order or condition of bail that restricts the defendant's contact with the victim, or enter an order imposing these restrictions at the time of sentencing. Under the provisions of this bill, the court is required, at the time of sentencing, to order the continuation of a prior order restricting the defendant's contact with the victim or enter an order imposing these restrictions if the victim consents to the continuation or entering of the order. Further, the bill provides that an order entered under this provision is to remain in effect until modified or terminated by further order of the court. The court is not to modify or terminate an order without the consent of the victim. The bill provides that this provision is to apply to any orders in effect on the bill's effective date and any orders entered on or after the bill's effective date.

AI Summary

This bill, known as the "Sex Offense Victims' Rights Expansion Act," introduces several important protections and notification requirements for victims of sex offenses. When a sex offender applies to terminate their obligation to register (which can happen after 15 years without reoffending), the court must now notify the victim about the application, hearing date, and provide the victim the right to appear and make a statement. If the application to remove registration is granted, the victim must also be notified. Additionally, the bill modifies existing laws to require courts to issue restraining orders in sex offense cases if the victim consents. For defendants released before trial or at sentencing, courts are now required (instead of having the option) to issue orders restricting the offender's contact with the victim, again contingent on the victim's consent. Importantly, these protective orders will now remain in effect until the court modifies or terminates them, and such modification cannot occur without the victim's consent. These changes aim to provide more agency and protection to victims of sex offenses by ensuring they are informed of key legal proceedings and have a say in protective measures against their offenders.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 06/09/2025)

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