SENATE LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

SENATE, No. 3684

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 19, 2026

      The Senate Law and Public Safety Committee reports favorably and with committee amendments Senate Bill No. 3684.

      As amended and reported by the committee, 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 entitled to certain rights, including the right to have the opportunity to consult with the prosecuting authority prior to the conclusion of plea negotiations.  The bill expands this right by providing that victims and witnesses have the right to have the opportunity to communicate with the prosecuting authority any perspective the victim may have on considerations related to plea negotiations with the defendant prior to the beginning of any plea negotiations, to consult with the prosecuting authority prior to the conclusion of any plea negotiations, and to have the prosecutor advise the court of the consultation and the victim's position regarding the plea.  The bill requires the prosecutor to advise the court of the victim’s position unless the victim affirmatively requests otherwise. 

      In addition, the Crime Victims’ Bill of Rights also currently provides that a victim or witness has the right to be present at any judicial proceeding involving a crime or any juvenile proceeding involving a criminal offense, except as otherwise set forth in the New Jersey Constitution.  This bill also expands this right by providing that a victim or witness has the right to be present at any judicial or quasi-judicial proceeding involving a crime or offense committed against them or any juvenile proceeding involving a crime or offense committed against them.  These proceedings are to include any Superior Court proceeding, Family Court proceeding, municipal court proceeding, and any administrative law proceeding held in accordance with the “Administrative Procedure Act” which involves the crime or offense committed against them.

      The bill also allows a court to establish a procedure by which judges in criminal cases may ascertain whether a victim has been afforded an adequate opportunity to communicate and consult with the prosecuting authority on a plea agreement, including whether the prosecuting authority made sufficient efforts to contact the victim in matters in which contact did not occur. 

      In addition, the bill requires law enforcement agencies to furnish, upon request, incident reports to a victim or the victim’s attorney when there is a pending application for a domestic violence restraining order or pending application for a protective order pursuant to the “Victim’s Assistance and Survivor Protection Act” within 24 hours or as soon as practicable but in no event more than five days after the date the report is requested.  The bill also expands the definition of victim to include the parent or legal guardian of a minor victim acting on behalf of the minor victim.

      Finally, the bill clarifies that the Victim Witness and Advocacy Fund is to award grants to legal support services.  The bill also removes enumerated organizations eligible for grants under current law and provides that organizations eligible to receive grants are to include service providers and county-based programs throughout the State which serve victims of violence.

COMMITTEE AMENDMENTS:

      The committee amended the bill to make technical and clarifying changes.