Bill > A1742

Introduced Session

This bill would amend the definition of "domestic violence" to include the attempt or conspiracy to commit an enumerated act. Section 3 of P.L.1991, c.261 (C.2C:25-19) defines "domestic violence" as the occurrence of one or more enumerated acts inflicted upon a person under certain circumstances. The enumerated acts are: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order that constitutes a crime or disorderly persons offense, or any other crime involving risk of death or serious bodily injury to a person protected under the domestic violence statutes. However, the definition of "domestic violence" does not specifically include an attempt or conspiracy to commit an enumerated act. This bill is in response to an Appellate Division decision vacating a domestic violence surcharge assessed against a defendant who had been convicted of attempted murder. Under section 50 of P.L.2002, c.34 (C.2C:25-29.4), a person convicted of an act of domestic violence is subject to a surcharge of $100 payable to the State for use by the Department of Human Services to fund grants for domestic violence prevention, training and assessment. In State v. Lee, 411 N.J. Super. 349 (App. Div. 2010), the court held that the defendant was not subject to the surcharge because attempted murder is not included in the enumerated crimes and offenses. The court noted that penal statutes, including those statutes imposing penalties as part of a sentence, are to be strictly construed, and therefore the Legislature's decision to not include attempted murder within the list of enumerated acts was dispositive. The court noted that the Legislature can prospectively take action if it desires to do so. It is the aim of the sponsor to take such action to clarify the Legislature's intent. This bill would amend the statutory definition of "domestic violence" to include the attempt or conspiracy to commit any of the enumerated acts that constitute domestic violence.

AI Summary

Committee Categories

Jamel Holley (D)*,  Elizabeth Muoio (D)*,  Annette Quijano (D)*,  Carol Murphy (D),  Gary Schaer (D), 

Reported out of Assembly Committee, 2nd Reading (on 02/12/2018)