Bill > A4287

Introduced Session

This bill would impose new civil penalties on domestic violence offenders and increase the surcharges imposed on these offenders under current law. The additional revenue would be appropriated to organizations that provide for direct legal services to domestic violence victims. Final Hearing: New Civil Penalty. Currently, N.J.S.A.2C:25-29.1 provides that a person found by the court in a final hearing to have committed an act of domestic violence must pay a civil penalty of $50 to $500. The monies are forwarded to the "Domestic Violence Victims' Fund," established by N.J.S.A.30:14-15, which uses the monies for services to domestic violence victims. This bill adds an additional civil penalty of $1,500, payable at $500 per year for three years. The monies from the new penalty would be deposited into a new fund created by the bill, the "Domestic Violence Victims' Legal Assistance Fund." Inability to Pay. Under the bill, if the court finds that the person does not have the ability to pay the penalty for the "Domestic Violence Victims' Fund" in full on the date of the hearing or, in the case of the new penalty for the "Domestic Violence Victims' Legal Assistance Fund," the ability to make the first payment in full on the date of the hearing and the ability to make the two subsequent payments on the dates they are due, the court may order the payment of the penalties in installments for a period of time to be determined by the court. If the person defaults on the payment then the court may: (1) reduce, suspend or modify the installment plan; (2) order community service; (3) impose any other alternative in lieu of payment; or (4) waive the penalties in cases of extreme hardship. Criminal Conviction: Increased Surcharge. The bill also increases the current surcharge imposed on persons convicted of a crime or offense involving domestic violence. Under N.J.S.A.2C:25-29.4, a person convicted of an act of domestic violence is subject to a surcharge in the amount of $100 payable to the State Treasurer for use by the Department of Human Services to fund grants for domestic violence prevention, training, legal assistance services and assessment. This amount would be increased to $500 under the bill. The monies realized by the increase in the surcharge would be deposited into the new "Domestic Violence Victims' Legal Assistance Fund." Technical Correction. The bill also makes a technical correction to N.J.S.A.2C:25-29.4 concerning the reference to the department, changing it to the Department of Children and Families to reflect the current structure. Violation of Restraining Order: New Civil Penalty. In addition, the bill amends N.J.S.A.2C:25-30 to create a new civil penalty for persons convicted of violating a domestic violence restraining order. The bill would impose a civil penalty of $500 for the first violation and $1,000 for a second or subsequent violation. This civil penalty would also be deposited into the new fund established by the bill. New Fund. The "Domestic Violence Victims' Legal Assistance Fund" established by the bill would be a dedicated fund within the General Fund and administered by the Division of Child Protection and Permanency in the Department of Children and Families. All monies deposited in the new fund would be appropriated to organizations that provide for direct legal services to victims of domestic violence, including but not limited to medical and legal advocacy services, information and referral, and community education. The fund would be the depository of moneys realized from the increases in the surcharge and the new civil penalties imposed by the bill, and would also be the depository of any other moneys made available for the purposes of the fund.

AI Summary

Committee Categories

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

Introduced, Referred to Assembly Judiciary Committee (on 10/27/2016)