Bill
Bill > S197
NJ S197
NJ S197Permits pretrial detention for contempt violation of protective order issued under "Victim's Assistance and Survivor Protection Act."
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 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 allows prosecutors to request that a judge detain a defendant before trial if they violate a protective order issued under the "Victim's Assistance and Survivor Protection Act" (VASPA). Currently, prosecutors can only request pretrial detention for violations of protective orders issued under the "Prevention of Domestic Violence Act of 1991" (PDVA). While violating either PDVA or VASPA orders can be a crime or a lesser offense depending on the circumstances, the law currently only permits pretrial detention requests for PDVA violations. This bill amends the existing law to include VASPA violations, meaning that if a defendant is accused of violating a VASPA order, a prosecutor can now ask the court to hold them in jail until their trial, similar to how they can for PDVA violations.
Committee Categories
Justice
Sponsors (2)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)
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/2026/S197 |
| BillText | https://pub.njleg.gov/Bills/2026/S0500/197_I1.HTM |
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