A4851

An Act concerning protections for certain victims of abusive relationships and supplementing P.L.1991, c.261 (C.2C:25-17 et al.).

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

1. a. A person who is a victim of domestic violence, or a victim of stalking as set forth in section 1 of P.L.1992, c.209 (C.2C:12-10) if not otherwise protected under the provisions of the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et al.), may terminate or remove and transfer the victim’s cellular phone or wireless mobile device, and any associated service, phone number or other service account information, related to any contract for commercial mobile service, as defined by subsection (d) of 47 U.S.C. s.332, under which the victim and victim’s offender share mobile services, that was entered into with a cellular or wireless telephone company or other commercial mobile service provider, by submitting a written request to that company or provider which includes any of the following documentation:

(1) a certified copy of a permanent restraining order protecting the victim from the victim’s offender, issued by a court pursuant to section 3 of P.L.1996, c.39 (C.2C:12-10.1) or section 13 of P.L.1991, c.261 (C.2C:25-29);

(2) a certified copy of a permanent restraining order protecting the victim from the victim’s offender, issued from another jurisdiction pursuant to that jurisdiction’s laws concerning domestic violence or stalking; or

(3) regarding only a victim of domestic violence:

(a) a law enforcement agency record documenting the domestic violence, or certifying that the person is a victim of domestic violence by the victim’s offender;

(b) medical documentation of the domestic violence by the victim’s offender provided by a health care provider;

(c) a certification that the person is a victim of domestic violence by the victim’s offender, provided by a Certified Domestic Violence Specialist who has fulfilled the requirements for certification established by the New Jersey Association of Domestic Violence Professionals; or

(d) other documentation or certification that the person is a victim of domestic violence by the victim’s offender, provided by a social worker licensed or certified pursuant to Title 45 of the Revised Statutes.

b. The cellular or wireless telephone company or other commercial mobile service provider that receives a written request from a victim in accordance with subsection a. of this section shall not seek or enforce any charge, fee, or penalty in order to complete the victim’s request to terminate or remove and transfer the victim’s cellular phone or wireless mobile device, and any associated service, phone number or other service account information related to the contract under which the victim and victim’s offender shared mobile services. The contract provisions for any charge, fee, or penalty concerning termination or removal and transfer actions, as well as any on-going costs, monthly or otherwise, contained in the contract for commercial mobile service under which the victim and victim’s offender share mobile services shall be void with respect to the victim as of the date of receipt of the victim’s request, but shall remain otherwise valid and enforceable.

2. This act shall take effect immediately and apply to any contact entered into on and after the effective date.

STATEMENT

This bill would permit a victim of domestic violence or stalking to terminate or transfer out of a phone or device contract under which the victim and victim’s offender share mobile services without the victim incurring any charge, fee, or penalty.

Under the bill, the victim could terminate or remove and transfer the victim’s cellular phone or wireless mobile device, and any associated service, phone number or other service account information, related to any contract for commercial mobile service under which the victim and victim’s offender share such service, that was entered into with a cellular or wireless telephone company or other commercial mobile service provider. Doing so would require the victim to submit a written request to the company or provider which includes any of the following documentation:

(1) a certified copy of a permanent restraining order protecting the victim from the victim’s offender, issued by a court pursuant to section 3 of P.L.1996, c.39 (C.2C:12-10.1) – for stalking - or section 13 of P.L.1991, c.261 (C.2C:25-29) – for domestic violence;

(3) regarding only a victim of domestic violence:

- a law enforcement agency record documenting the domestic violence, or certifying that the person is a victim of domestic violence by the victim’s offender;

- medical documentation of the domestic violence by the victim’s offender provided by a health care provider;

- a certification that the person is a victim of domestic violence by the victim’s offender, provided by a Certified Domestic Violence Specialist who has fulfilled the requirements for certification established by the New Jersey Association of Domestic Violence Professionals; or

- other documentation or certification that the person is a victim of domestic violence by the victim’s offender, provided by a social worker licensed or certified pursuant to Title 45 of the Revised Statutes.

The cellular or wireless telephone company or other commercial mobile service provider that receives a victim’s written request in accordance with the bill could not seek or enforce any charge, fee, or penalty in order to complete the victim’s request. The contract provisions for any charge, fee, or penalty associated with the request, as well as any on-going costs, monthly or otherwise, contained in the contract for commercial mobile service would be deemed void with respect to the victim as of the date of receipt of the victim’s request, but would remain otherwise valid and enforceable.