Bill > A2287

Introduced Session

This bill would establish a "Sexual Assault Victim's Bill of Rights" for victims of sexual violence. The bill would also require certain public employees to facilitate access to services for victims of sexual violence. The bill defines "public employee" as any person employed by a public entity who is responsible for the delivery of social, health care, institutional, or correctional services, or primary or secondary educational services to the public. The bill defines "to facilitate access to" as: (1) assisting the victim in contacting a sexual violence program should the victim choose such contact; or (2) directing a victim to a person designated by the public entity to assist a victim in contacting a sexual violence program or appropriate mandated reporting agency. The bill provides that a person receiving the services of a public employee who makes a complaint or report of sexual violence to the employee shall not be denied the rights provided for under the bill regardless of the victim's age, race, gender, cognitive capacity, physical abilities, or sexual, medical, or mental health treatment history. The intent of this provision is to address a gap in current procedures. At present, if a client of a public agency reports an act of sexual violence to an employee, the agency may not have policies and procedures to address the issue appropriately. The rights enumerated under the bill are as follows: · To speak privately, consistent with privileges provided by the New Jersey statutes, at any point in the process of reporting a sexual assault or receiving services, with a rape care advocate and with any other advocate, clergy, attorney, or support person of the victim's choosing, and to have any such communication treated as privileged and confidential; · To be informed about any legal or ethical requirement that requires the agency or employee to share any information related to the violence with another government agency; · To formally report the sexual violence, or to refrain from making a formal report to any person or institution, including law enforcement authorities, and to not have the receipt of any public service made contingent on reporting or not reporting the incident; · To medical treatment by a provider of the victim's choice, or from a Sexual Assault Response Team as provided in the Attorney General's Standards for Providing Services to Victims of Sexual Assault, and to the choice to opt into or out of any of the team's services, including the option to refuse a forensic examination; · To choose whether to participate in any investigation of the assault; · To reasonable efforts to provide treatment and interviews in a language in which the victim is fluent and to be given access to appropriate assistive devices to accommodate the victim's disabilities, whether temporary or long term; and · To information and assistance in accessing specialized mental health service; protection from further violence; and other appropriate community or governmental services, including services provided by the Victims of Crime Compensation Office; and all other assistance available to crime victims under present law. The bill would also require the Victims of Crime Compensation Office in consultation with the Division on Women, the Department of Health and the New Jersey Coalition Against Sexual Assault to publish a notice of these rights and promulgate regulations that require its posting in all hospital emergency departments, police stations, and any other appropriate place to inform victims of their rights and inform public employees and entities of their obligations under the bill.

AI Summary

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Nancy Muñoz (R)*,  Valerie Vainieri Huttle (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 02/04/2016)