ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2526

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 9, 2023

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 2526.

      As amended, this bill would permit the court to issue an order directing a wireless telephone service provider to transfer a domestic violence or stalking victim’s wireless telephone number to that victim. This would enable the victim to maintain any existing wireless telephone numbers. The bill would apply to victims of domestic violence as set forth in the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et al.) and victims of stalking who have obtained a permanent restraining order pursuant to section 3 of P.L.1996, c.39 (C.2C:12-10.1). The court order would transfer billing responsibility for, and rights to, any of the victim’s wireless telephone number to that victim, if the victim is not already the account holder. 

     In a separate order, the court would list the name and billing telephone number of the account holder, the name and contact information of the person to whom the telephone number will be transferred, and each telephone number to be transferred to that person.  The court would ensure that the contact information of the victim is not provided to the account holder in any domestic violence proceedings.

     As amended, the bill requires the order to be served on the wireless service provider’s agent for service of process listed with the State Treasurer. The wireless service provider would notify the victim and the court within 72 hours of receipt of the order if the provider cannot operationally or technically effectuate the order for situations identified in the bill.

     Upon transfer of billing responsibility for and rights to a wireless telephone number to the victim, the victim would assume all financial responsibility for the number and costs for any mobile device associated with the wireless telephone number or numbers. 

The bill also provides that no wireless telephone service provider or its officers, employees, or agents would be liable for damages for actions taken in accordance with the terms of a court order issued pursuant to this bill.

Committee Amendments

      The Committee amended the bill to:

      (1) require that an order for transferring billing responsibilities be served on the wireless service provider’s agent for service of process as listed with the State Treasurer, instead of the Secretary of State;

      (2) change the effective date of the bill to the first day of the sixth month next following enactment; and

      (3) permit the Administrative Director of the Administrative Office of the Courts to take anticipatory action as necessary for the implementation of the act.