A4990

An Act concerning information about certain victims and amending P.L.1996, c.39 and P.L.1991, c.261.

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

1. Section 3 of P.L.1996, c.39 (C.2C:12-10.1) is amended to read as follows:

3. a. A judgment of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim who was stalked, and, as an order that the victim’s location shall remain confidential and shall not appear on any court documents or records to which the defendant has access.

b. A hearing shall be held on the application for a permanent restraining order at the time of the verdict or plea of guilty unless the victim requests otherwise. This hearing shall be in Superior Court. A permanent restraining order may grant the following specific relief:

(1) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim.

(2) An order restraining the defendant from making contact with the victim, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact, or contact via electronic device, with the victim, the victim's employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim. As used in this paragraph, "communication" shall have the same meaning as defined in subsection q. of N.J.S.2C:1-14.

c. The permanent restraining order entered by the court subsequent to a conviction for stalking as provided in this act may be dissolved upon the application of the stalking victim to the court which granted the order.

d. Notice of permanent restraining orders issued pursuant to this act shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.

e. Any permanent restraining order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers.

f. A violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection a. of N.J.S.2C:29-9 and each order shall so state. Violations of these orders may be enforced in a civil or criminal action initiated by the stalking victim or by the court, on its own motion, pursuant to applicable court rules. Nothing in this act shall preclude the filing of a criminal complaint for stalking based on the same act which is the basis for the violation of the permanent restraining order.

(cf: P.L.2009, c.232, s.1)

2. Section 9 of P.L.1991, c.261 (C.2C:25-25) is amended to read as follows:

9 The court in a criminal complaint arising from a domestic violence incident:

a. Shall not dismiss any charge or delay disposition of a case because of concurrent dissolution of a marriage, other civil proceedings, or because the victim has left the residence to avoid further incidents of domestic violence;

b. Shall not require proof that either party is seeking a dissolution of a marriage prior to institution of criminal proceedings;

c. Shall waive any requirement that the victim's location be disclosed to any person, and shall direct that the victim’s location shall remain confidential and shall not appear on any court documents or records to which the defendant has access.

(cf: P.L.1991, c.261, s.9)

3. This act shall take effect immediately.

STATEMENT

This bill addresses the need for location confidentiality of a stalking victim, and the need to strengthen location confidentiality for a person identified as a victim in a domestic violence incident. Although these victim populations can, but do not necessarily overlap, they share a heightened need for strictly maintained location confidentiality.

N.J.S.A.2C:12-10.1 provides that in instances where a judgment of conviction for stalking has been entered, a hearing may ensue on the application for a permanent restraining order unless the victim requests otherwise. This bill provides that the judgment shall also operate as an order that the victim’s location shall remain confidential and shall not appear on any court documents or records to which the defendant has access.

The bill further amends N.J.S.A.2C:25-25, concerning a criminal complaint in a domestic violence case, to provide that the victim’s location shall remain confidential and shall not appear on any court documents or records to which the defendant has access. The sponsor has heard of instances where a victim’s address changed over the course of a criminal case, and an address that was confidential at the start may appear in subsequent discovery documents.