ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4835

STATE OF NEW JERSEY

DATED: JUNE 1, 2026

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 4835.

      This bill permits a prosecutor to file a motion for the pretrial detention of an eligible defendant charged contempt of an order entered under the “Victim’s Assistance and Survivor Protection Act” (VASPA), N.J.S.A.2C:14-13 et al.

      Under current law, a prosecutor is permitted to file a motion for the pretrial detention of a defendant charged with certain crimes or offenses under the Criminal Justice Reform Act (CJR), including a contempt violation of an order under the “Prevention of Domestic Violence Act of 1991,” (PDVA), N.J.S.A.2C:25-17 et seq.  Under the contempt statute, N.J.S.A.2C:29-9, a violation of an order under PDVA and VASPA are treated the same; a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under PDVA or VASPA, when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.  In all other cases, a person is guilty of a disorderly persons offense if that person purposely or knowingly violates an order.  Current law, N.J.S.A.2A:162-19, permits a prosecutor to make a motion for pretrial detention for a contempt violation under PDVA, but not VASPA.

      This bill expands N.J.S.A.2A:162-19 to permit a prosecutor to make a motion for pretrial detention for a violation of an order entered under the provisions of VASPA.  A violation of the contempt statute for VASPA is a crime of the fourth degree if the violation could also constitute a crime or offense; otherwise it is a disorderly persons offense.