S3847

An Act concerning crime victims’ rights and amending P.L.1985, c.249 and P.L.2012, c.27.

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

1. Section 3 of P.L.1985, c.249 (C.52:4B-36) is amended to read as follows:

3. The Legislature finds and declares that crime victims and witnesses are entitled to the following rights:

a. To be treated with dignity and compassion by the criminal justice system;

b. To be informed about the criminal justice process;

c. To be free from intimidation, harassment or abuse by any person including the defendant or any other person acting in support of or on behalf of the defendant, due to the involvement of the victim or witness in the criminal justice process;

d. To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible;

e. To make at least one telephone call provided the call is reasonable in both length and location called;

f. To medical assistance reasonably related to the incident in accordance with the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.);

g. To be notified in a timely manner, if practicable, if presence in court is not needed or if any scheduled court proceeding has been adjourned or cancelled;

h. To be informed about available remedies, financial assistance and social services;

i. To be compensated for loss sustained by the victim whenever possible;

j. To be provided a secure, but not necessarily separate, waiting area during court proceedings;

k. To be advised of case progress and final disposition and to confer with the prosecutor's representative so that the victim may be kept adequately informed;

l. To the prompt return of property when no longer needed as evidence;

m. To submit a written statement, within a reasonable amount of time, about the impact of the crime to a representative of the prosecuting agency which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed, whether the prosecutor will consent to a request by the defendant to enter into a pre-trial program, and whether the prosecutor will make or agree to a negotiated plea;

n. To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime.

This statement is to be made in addition to the statement permitted for inclusion in the presentence report by N.J.S.2C:44-6;

o. To have the opportunity to consult with the prosecuting [authority] attorney prior to the [conclusion] beginning of any plea negotiations, and to have the prosecutor advise the court of the consultation and the victim's position regarding the plea agreement [, provided however that nothing] . If the victim is not present in court for the plea hearing, the court shall determine if the victim received adequate notice of the hearing. The court may, within its discretion, proceed with the plea hearing if the court determines the victim received adequate notice of the hearing. A court that determines the victim did not receive adequate notice of the plea hearing shall adjourn the hearing until such time as the victim can be present with the opportunity to be heard by the court. If the victim objects to the proposed plea bargain, the victim shall notify the court and the prosecutor within a reasonable time from receipt of notice of the proposed plea bargain from the prosecutor, and the court shall schedule a hearing on the victim’s objection.

At the hearing, the victim, the prosecutor, and the defendant may present testimony and argument regarding the victim’s opposition to the proposed plea bargain. The court may, within its discretion, reject the plea if the court finds that: (1) the proposed plea violates the victim’s rights under Article I, paragraph 22 of the New Jersey Constitution, or any law of this State; (2) to permit the plea would cause a manifest injustice to the victim or the victim’s survivors; and (3) a rejection of the plea offer does not violate the defendant’s rights under the federal and State constitutions.

Nothing herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate;

p. To be present and to be heard at any judicial proceeding involving a crime [or] , any juvenile proceeding involving a criminal offense, any municipal court proceeding, and any administrative law proceeding held in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), except as otherwise provided by Article I, paragraph 22 of the New Jersey Constitution;

q. To be notified of any release or escape of the defendant; [and]

r. To appear in any court before which a proceeding implicating the rights of the victim is being held, with standing to file a motion or present argument on a motion filed to enforce any right conferred herein or by Article I, paragraph 22 of the New Jersey Constitution, and to receive an adjudicative decision by the court on any such motion [.] ; and

s. To be represented in any court by a private attorney in connection with any rights conferred herein, by Article I, paragraph 22 of the New Jersey Constitution, or by any other law or administrative regulation applicable to the matter before the court.

(cf: P.L.2012, c.27, s.1)

2. Section 3 of P.L.2012, c.27 (C.52:4B-36.2) is amended to read as follows:

3. Pursuant to Article I, paragraph 22 of the New Jersey Constitution:

a. A crime victim shall not be required to pay the maintenance, support, rehabilitation, or other costs arising from the imprisonment or commitment of a victimizer as a result of the crime; and

b. A crime victim shall not be charged any fee otherwise prescribed by law or regulation to obtain copies of the victim's own records to which the victim is entitled to access as provided in section 1 of P.L.1995, c.23 (C.47:1A-1.1), including, but not limited to, any law enforcement agency incident report, domestic violence offense report, sexual assault offense report, and temporary or permanent restraining order.

c. In cases where there is a pending domestic violence restraining order pursuant to the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et seq.) or a pending sexual assault restraining order pursuant to “Sexual Assault Survivor Protection Act of 2015,” P.L.2015, c.147 (C.2C:14-13 et al.), the law enforcement agency shall furnish the law enforcement agency incident report to the victim or the victim’s attorney within the time required by section 3 of P.L.1963, c.73 (C.47:1A-3), but in no event more than five days after the date of receipt of the written request for such report.

(cf: P.L.2014, c.19, s.1)

3. Section 4 of P.L.1985, c.249 (C.52:4B-37) is amended to read as follows:

4. As used in this act, "victim" means a person who suffers personal, physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime committed by an adult or an act of delinquency that would constitute a crime if committed by an adult, committed against that person.

"Victim" also includes the parent or legal guardian of a minor victim, anyone financially dependent on the victim, and the spouse, parent, legal guardian, grandparent, child, sibling, domestic partner or civil union partner of the decedent in the case of a criminal homicide or act of juvenile delinquency that would constitute a criminal homicide if committed by an adult.

(cf: P.L.2016, c.15, s.1)

4. This act shall take effect immediately.

STATEMENT

This bill makes various revisions to the Crime Victims’ Bill of Rights.

The Victims’ Rights Amendment to the New Jersey Constitution, enacted by the voters in 1991 as paragraph 22 of Article I, makes crime victims’ rights a constitutional mandate and specifically provides that victims “shall be entitled to those rights and remedies as may be provided by the Legislature.” Under the Crime Victims’ Bill of Rights, crime victims and witnesses are to be free from intimidation, harassment, or abuse by any person including the defendant or any other person acting in support of or on behalf of the defendant, due to the involvement of the victim or witness in the criminal justice process.

This bill expands the Crime Victims’ Bill of Rights by expanding the process for plea agreements. Under current law, victims and witnesses have the opportunity to consult with the prosecuting authority prior to the conclusion of plea negotiations. This bill grants victims and witnesses the opportunity to consult with the prosecuting attorney prior to the beginning of any plea negotiations. In addition, the bill provides that the court is to determine whether the victim received adequate notice of the hearing if the victim is not present in court for the plea hearing. If the court determines the victim received adequate notice of the hearing, the court may, within its discretion, proceed with the plea hearing. A court that determines the victim did not receive adequate notice of the proceeding would be required to adjourn the plea hearing until such time as the victim can be present with the opportunity to be heard by the court. If the victim objects to the proposed plea bargain, the victim would be required to notify the court and the prosecutor within a reasonable time of receiving the prosecutor’s notice of the proposed plea bargain, and the court is to schedule a hearing on the victim’s objection.

The bill also provides that at a hearing the victim, the prosecutor, and the defendant may present testimony and an argument regarding the victim’s opposition to the proposed plea bargain. The court may, within its discretion, reject a plea agreement if it finds: (1) the proposed plea violates the victim’s rights under Article I, paragraph 22 of the New Jersey Constitution, or any law of this State; (2) to permit the plea would cause a manifest injustice to the victim or the victim’s survivors; and (3) a rejection of the plea offer does not violate the defendant’s rights under the federal and State constitutions.

The bill also allows victims and witnesses to be represented in any court by a private attorney in connection with any rights afforded by Article I, paragraph 22 of the New Jersey Constitution or by any other law or administrative regulation applicable to the matter before the court.

In addition, the bill requires law enforcement agencies to furnish incident reports to a victim or the victim’s attorney when there is a

pending domestic violence restraining order or pending sexual assault restraining order within 24 hours or as soon as practicable but in no event more than five days after the date the report is requested.

Finally, the bill expands the definition of victim to include the parent or legal guardian of a minor victim and anyone financially dependent on the victim.