A1770

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

Assemblyman REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblywoman GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblywoman ANGELICA M. JIMENEZ

District 32 (Bergen and Hudson)

Assemblyman PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Co-Sponsored by:

Assemblywomen Vainieri Huttle, Lampitt and N.Munoz

SYNOPSIS

Requires counseling for certain domestic violence offenders.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning domestic violence and amending P.L.1991, c.261.

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

1. Section 11 of P.L.1991, c.261 (C.2C:25-27) is amended to read as follows:

11. a. When a defendant is found guilty of a crime or offense involving domestic violence and a condition of sentence restricts the defendant's ability to have contact with the victim, the victim’s friends, co-workers, or relatives, or an animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household, that condition shall be recorded in an order of the court and a written copy of that order shall be provided to the victim by the clerk of the court or other person designated by the court. In addition to restricting a defendant's ability to have contact with the victim, the victim’s friends, co-workers, or relatives, or an animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household, the court may require the defendant to receive professional counseling from either a private source or a source appointed by the court, but in either case conducted by a person who has demonstrated expertise in individual or group domestic violence counseling. If the crime or offense involving domestic violence was a sexually violent offense as defined in this section, the person conducting the counseling shall additionally have demonstrated expertise in individual or group sexual violence counseling. [and if] In any case where the court either suspends the imposition of a sentence or sentences the defendant to be placed on probation, in addition to any other provisions required by law or conditions ordered by the court, the court shall require the defendant to participate in, and complete, a program of professional counseling as a condition of the sentence. If the court [so] orders professional counseling, the court shall require the defendant to provide documentation of attendance at the professional counseling. In any case where the court order contains a requirement that the defendant receive professional counseling, no application by the defendant to dissolve the restraining order shall be granted unless, in addition to any other provisions required by law or conditions ordered by the court, the defendant has completed all required attendance at such counseling.

As used in this section, “sexually violent offense” means: aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to subparagraph (b) of
paragraph (2) of subsection c. of N.J.S.2C:13-1; criminal sexual contact; felony murder pursuant to paragraph (3) of N.J.S.2C:11-3 if the underlying crime is sexual assault; an attempt to commit any of these enumerated offenses; or a criminal offense with substantially the same elements as any offense enumerated above, entered or imposed under the laws of the United States, this State or another state; or any offense for which the court makes a specific finding on the record that, based on the circumstances of the case, the person's offense should be considered a sexually violent offense.

b. In addition the court may enter an order directing the possession of an animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household. Where a person has abused or threatened to abuse such animal, there shall be a presumption that possession of the animal shall be awarded to the non-abusive party.

(cf: P.L.2011, c.213, s.2)

2. This act shall take effect immediately and shall apply to offenses occurring on or after the effective date of this act.

STATEMENT

This bill would require that defendants convicted of an offense involving domestic violence who are placed on probation or have their sentence suspended shall attend domestic violence counseling. Under current law a court may, in its discretion, require the defendant to receive professional counseling from either a private source or a source appointed by the court.

Under this bill, in all cases of court-ordered domestic violence counseling under N.J.S.A.2C:25-27, the counselor would be required to have demonstrated expertise in individual or group domestic violence counseling. If the crime or offense involving domestic violence was a sexually violent offense, the person conducting the counseling shall additionally have demonstrated expertise in individual or group sexual violence counseling. In cases in which a defendant is found guilty of a crime or offense involving domestic violence, and where the court suspends the imposition of a sentence or sentences in order for a defendant to be placed on probation, the court would be required to order the defendant to participate in, and complete, a program of professional counseling.

For the purposes of the bill, “sexually violent offense” means: aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to subparagraph (b) of paragraph (2) of subsection c. of N.J.S.2C:13-1; criminal sexual contact; felony murder pursuant to paragraph (3) of N.J.S.2C:11-3 if the underlying crime is sexual assault; an attempt to commit any of these enumerated offenses; or a criminal offense with substantially the same elements as any offense enumerated above, entered or imposed under the laws of the United States, this State or another state; or any offense for which the court makes a specific finding on the record that, based on the circumstances of the case, the person's offense should be considered a sexually violent offense.