ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2845

with committee amendments

STATE OF NEW JERSEY

DATED:  JUNE 6, 2024

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 2845 with committee amendments.

      This bill specifically authorizes the Victims of Crime Compensation Office (VCCO) to pay expenses related to protecting the safety of cooperating witnesses.  Further, as amended, the bill clarifies that the VCCO may order the payment of: (1) relocation expenses for a witness and those residing with the witness at the time of the offense, such as family or other sharing a permanent residence with the witness; or (2) expenses related to protecting the safety of a victim or a cooperating witness.

      As amended, the bill updates the definitions of “cooperating witness” and “witness.”  “Cooperating witness” is defined as a witness who testifies for the government to help prosecute a crime or who otherwise cooperates with law enforcement and prosecution efforts, and includes a confidential informant.  “Witness” is defined as a person, including a victim, who witnesses the commission of any of the offenses listed under N.J.S.A.52:4B-11 and who has been threatened as a result of or has been placed at risk due to their cooperation with law enforcement and prosecution efforts.

      As amended, the bill also authorizes the Division of Criminal Justice in the Department of Law and Public Safety to award grants from the Victim and Witness Advocacy Fund to service providers and county-based programs throughout the State which serve victims of violence, including but not limited to those which provide culturally specific and geographic population based services to victims of domestic violence, sexual violence, community violence, or human trafficking.

      The bill amends the Crime Victim’s Bill of Rights to expand the rights of cooperating witnesses.  As amended, the bill gives these witnesses the right to receive protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts and to be provided with information as to the level of protection available, and if testifying for the prosecution, to be provided assistance before and during trial to cope with the psychological and practice obstacles of testifying. 

      Finally, as amended, the bill requires prosecutors and law enforcement to take appropriate steps to protect victims and witnesses from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts, including the provision of protective measures before, during, and after a hearing or trial.  As amended, the bill also requires the court to establish procedures and institute measures to ensure the safety of witnesses while testifying and while present in the courthouse.

      This bill was pre-filed for introduction in the 2024-2025 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      The Committee amended the bill to:

      (1)  update the definitions of “cooperating witness” and “witness;”

      (2)  clarify what expenses the VCCO may, upon application, order the payment of;

      (3)  clarify the rights of cooperating witnesses under the Crime Victim’s Bill of Rights;

      (4)  remove list of eligible organizations under N.J.S.A.52:4B-43.1 and provide that eligible organizations are service providers and county-based programs throughout the State which serve victims of violence, including but not limited to those which provide culturally specific and geographic population based services to victims of domestic violence, sexual violence, community violence, or human trafficking; and

      (5)  allocate safety responsibilities to prosecutors and court to protect victims and witnesses.