ASSEMBLY JUDICIARY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 3734

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED:  MARCH 10, 2025

 

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 3734 with committee amendments.

      This bill authorizes the court to order the transfer of billing responsibility for, and rights to, the wireless telephone number of certain victims of domestic violence and stalking.

      Under the bill, upon a domestic violence or stalking victim’s request, and upon the issuance of a final or permanent restraining order, the court may direct a wireless telephone service provider to transfer the rights and billing responsibilities to a wireless telephone number to the victim, if the victim is not already the account holder.  The bill applies 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 pursuant to N.J.S.A.2C:12-10.1. Upon the victim’s request, the court also is permitted to order the defendant to reimburse the victim for any costs incurred by the victim for the transfer of billing responsibilities.

      For an order transferring a wireless telephone number under the bill, the court is required enter a separate order directed to the wireless telephone service provider.  The court is required to ensure that the contact information of the victim is not provided to the account holder in any domestic violence proceeding.  As amended, the bill requires that the victim, or a designee of the victim, provide the order to the wireless service provider. 

      The provisions of the bill require the wireless service provider to 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 described in the bill, and is required to provide the reasons for noncompliance. 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, monthly service costs, and costs for any mobile device associated with the wireless telephone number or numbers. The wireless service provider would not be precluded from applying any routine and customary requirements for account establishment to the victim as part of this transfer of billing responsibility and any devices attached to that number, including, but not limited to, identification, financial information, and customer preferences.

      Finally, the bill provides that no wireless telephone service provider or its officers, employees, or agents may be held liable for damages for actions taken in accordance with the terms of a court order issued under the bill. 

 

COMMITTEE AMENDMENTS:

      The committee amended the bill to require that the victim, or a designee, rather than the court, provide the order to transfer financial responsibility to the wireless service provider.