Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
SYNOPSIS
Prohibits disclosure of personal information pertaining to certain health care workers who are victims of assault; establishes civil penalty for each violation.
CURRENT VERSION OF TEXT
As reported by the Senate Law and Public Safety Committee on December 18, 2023, with amendments.
An Act concerning confidentiality of victim’s personal information and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1.1[ a. As used in this act, “public record” shall have the same meaning as P.L.1963, c.73 (C.47:1A-1 et seq.).]1
1[b.] a.1 The name1[,] and1 address1[, and identity]1 of a health care worker who is a victim of an alleged 1simple1 assault or aggravated assault 1pursuant to N.J.S.2C:12-1, or sexual assault or aggravated sexual assault pursuant to N.J.S.2C:14-21 while engaged in the duties of providing direct patient care or practicing the health care profession shall 1be kept confidential and1 not appear on 1[the] a report, statement, court document,1 indictment,1or1 complaint 1[, or any other public record]1 if the actor is a patient or resident at 1[the] a1 health care facility and the victim is:
(1) a health care worker employed by a licensed health care facility to provide direct patient care;
(2) a health care professional licensed or otherwise authorized pursuant to Title 26 or Title 45 of the Revised Statutes to practice a health care profession; or
(3) a direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home.
The 1[information] name and address of the victim1 shall be omitted or redacted 1[, or initials or a fictitious name shall appear instead] from the report, statement, court document, indictment, or complaint1.
1[c.] b.1 Any report, statement, 1[photograph,]1 court document, indictment, 1or1 complaint 1[or any other public record]1 which states the name1[,] or1 address 1[and identity]1 of a victim shall be confidential and unavailable to the public. Unless authorized pursuant to a court order, any person who purposefully discloses, releases1,1 or otherwise makes available to the public any document listed in subsection a. of this section which contains the name1[,] or1 address1[, and identity]1 of a victim shall be 1[guilty of a disorderly persons offense] subject to a civil penalty of $100 for each document that is disclosed, released, or otherwise made available to the public in violation of the provisions of this section1.
2. This act shall take effect 1[immediately] on the first day of the seventh month next following the date of enactment1.