A1475

An Act concerning domestic violence and amending P.L.1991, c.261.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1991, c.261 (C.2C:25-19) is amended to read as follows:

3. As used in this act:

a. "Domestic violence" means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor:

(1) Homicide N.J.S.2C:11-1 et seq.

(2) Assault N.J.S.2C:12-1

(3) Terroristic threats N.J.S.2C:12-3

(4) Kidnapping N.J.S.2C:13-1

(5) Criminal restraint N.J.S.2C:13-2

(6) False imprisonment N.J.S.2C:13-3

(7) Sexual assault N.J.S.2C:14-2

(8) Criminal sexual contact N.J.S.2C:14-3

(9) Lewdness N.J.S.2C:14-4

(10) Criminal mischief N.J.S.2C:17-3

(11) Burglary N.J.S.2C:18-2

(12) Criminal trespass N.J.S.2C:18-3

(13) Harassment N.J.S.2C:33-4

(14) Stalking P.L.1992, c.209 (C.2C:12-10)

(15) Criminal coercion N.J.S.2C:13-5

(16) Robbery N.J.S.2C:15-1

(17) Contempt of a domestic violence order pursuant to subsection b. of N.J.S.2C:29-9 that constitutes a crime or disorderly persons offense

(18) Any other crime involving risk of death or serious bodily injury to a person protected under the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.)

(19) Cyber-harassment P.L.2013, c.272 (C.2C:33-4.1)

(20) Coercive control. As used in this paragraph, “coercive control” means a pattern of behavior against a person protected under this act that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. “Coercive control” includes, but is not limited to, unreasonably engaging in any of the following:

(a) Isolating the person from friends, relatives, or other sources of support;

(b) Depriving the person of basic necessities;

(c) Controlling, regulating or monitoring the person’s movements, communications, daily behavior, finances, economic resources or access to services;

(d) Compelling the person by force, threat or intimidation, including, but not limited to, threats based on actual or suspected immigration status, to (i) engage in conduct from which such person has a right to abstain, or (ii) abstain from conduct that such person has a right to pursue;

(e) Name-calling, degradation, and demeaning the person frequently;

(f) Threatening to harm or kill the individual or a child or relative of the individual;

(g) Threatening to public information or make reports to the police or to the authorities;

(h) Damaging property or household goods; or

(i) Forcing the person to take part in criminal activity or child abuse.

When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute "domestic violence," but may be the basis for the filing of a petition or complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30).

b. "Law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which employs law enforcement officers.

c. "Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.

d. "Victim of domestic violence" means a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present household member or was at any time a household member. "Victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.

e. "Emancipated minor" means a person who is under 18 years of age but who has been married, has entered military service, has a child or is pregnant or has been previously declared by a court or an administrative agency to be emancipated.

(cf: P.L.2016, c.77, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill would add “coercive control” to the definition of domestic violence. Under the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et al.) “domestic violence” means the occurrence of one or more of the enumerated acts set forth in section 3 of P.L.1991, c.261 (C.2C:25-19) upon a person protected under the act. The bill revises the definition of domestic violence to include “coercive control” and defines “coercive control” to mean a pattern of behavior against a person protected under this act that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. The bill provides that “coercive control” includes, but is not limited to, unreasonably engaging in any of the following: