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Bill > A2792


NJ A2792

NJ A2792
Establishes third degree crime for certain trespasses involving victim of domestic violence.


summary

Introduced
02/08/2016
In Committee
02/08/2016
Crossed Over
Passed
Dead
01/08/2018

Introduced Session

2016-2017 Regular Session

Bill Summary

This bill provides that a person commits a crime of the third degree if, intending to cause annoyance or injury or intending to commit a crime, the person enters the dwelling of a victim of domestic violence protected by a domestic violence restraining order against the actor. Moreover, the bill creates a presumption that the actor did intend to cause annoyance or injury or to commit a crime if a domestic violence restraining order is in place, or if the actor has been convicted of or charged with a crime or offense arising from a domestic violence incident involving the victim. Finally, the bill provides that no presumption of nonincarceration shall apply to persons convicted of such crime. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.

AI Summary

This bill establishes a third-degree crime for certain trespasses involving a victim of domestic violence. It provides that a person commits a third-degree crime if they intentionally enter the dwelling of a domestic violence victim who is protected by a restraining order against the actor. There is a rebuttable presumption that the person intended to cause annoyance or injury or commit a crime if a domestic violence restraining order is in place or the actor has been convicted of or charged with a crime or offense arising from a domestic violence incident involving the victim. The bill also specifies that the presumption of non-imprisonment shall not apply to persons convicted under this provision, which means they are more likely to face imprisonment.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 02/08/2016)

bill text


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