A3734

An Act concerning protections for certain victims of domestic violence or stalking and supplementing Title 2C of the New Jersey Statutes.

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

1. In addition to any other relief granted, and upon the issuance of a final restraining order, pursuant to the provisions of the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et al.) or a permanent restraining order pursuant to section 3 of P.L.1996, c.39 (C.2C:12-10.1), the court may, at the victim’s request, issue an order directing a wireless telephone service provider to transfer the billing responsibility for, and rights to, a wireless telephone number to the victim, if the victim is not the account holder.

When issuing an order concerning a wireless telephone number pursuant to this section, upon the victim’s request, the court may also order the defendant to reimburse the victim for any fees associated with the transfer incurred by the victim during the transfer of billing responsibilities.

2. a. The order transferring billing responsibility for, and rights to, the wireless telephone number to a victim shall be a separate order that is directed to the wireless telephone service provider. The order shall list the name and the billing telephone number of the account holder, the name and contact information of the person to whom the telephone number will be transferred, and each telephone number to be transferred to that person. The court shall ensure that the contact information of the victim is not provided to the account holder in proceedings held pursuant to P.L.1991, c.261 (C.2C:25-17 et al.).

b. The order shall be served on the wireless service provider’s agent for service of process listed with the State Treasurer.

c. The wireless service provider shall notify the victim and the court within 72 hours of receipt of the order if the provider cannot operationally or technically effectuate the order due to certain circumstances, including, but not limited to, any of the following:

(1) The account holder has already terminated the account;

(2) Differences in network technology prevent the functionality of a device on the network; or

(3) There are geographic or other limitations on network or service availability.

If the wireless service provider cannot operationally or technically

effectuate the order, the provider shall inform the court and the victim of any reasons for the provider’s noncompliance.

3. a. Upon transfer of billing responsibility for, and rights to, a wireless telephone number to the victim pursuant to this act, the victim shall assume all financial responsibility for the transferred wireless telephone number, monthly service costs, and costs for any mobile device associated with the wireless telephone number.

b. This section shall not preclude a wireless service provider from applying any routine and customary requirements for account establishment to the victim as part of the transfer of billing responsibility for a wireless telephone number and any devices attached to that number, including, but not limited to, identification, financial information, and customer preferences.

4. P.L. , c. (C. ) (pending before the Legislature as this bill) shall not affect the authority of the court to apportion the assets and debts of the parties pursuant to law, or the authority of the court to determine the temporary use, possession, and control of personal property pursuant to section 13 of P.L.1991, c.261 (C.2C:25-29).

5. No wireless telephone service provider or its officers, employees, or agents shall be liable for damages for actions taken in accordance with the terms of a court order issued pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

6. This act shall take effect on the first day of the sixth month next following the date of enactment, but the Administrative Director of the Administrative Office of the Courts may take such anticipatory action as is necessary for the implementation of the act.

STATEMENT

This bill authorizes the court to order the transfer of billing responsibility for, and rights to, the wireless telephone number of certain victims of domestic violence and stalking.

Under the bill, upon a domestic violence or stalking victim’s request, and upon the issuance of a final or permanent restraining order, the court may direct a wireless telephone service provider to transfer the rights to a wireless telephone number to the victim. The bill applies to victims of domestic violence as set forth in the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c.261 (C.2C:25-17 et al.) and victims of stalking pursuant to section 3 of P.L.1996, c.39 (C.2C:12-10.1). The court order also would transfer billing responsibility for the wireless telephone number to the victim if the victim is not already the account holder. Upon the victim’s request, the court also is permitted to order the defendant to reimburse the victim for any costs incurred by the victim for the transfer of billing responsibilities.

For an order transferring a wireless telephone number under the bill, the court is required enter a separate order directed to the wireless telephone service provider. The court is required to include in the order the name and billing telephone number of the account holder, the name and contact information of the person to whom the telephone number will be transferred, and each telephone number to be transferred to that person. The court is required to ensure that the contact information of the victim is not provided to the account holder in any domestic violence proceedings. The order would be served on the wireless service provider’s agent for service of process listed with the State Treasurer.

The provisions of the bill require the wireless service provider to notify the victim and the court within 72 hours of receipt of the order if the provider cannot operationally or technically effectuate the order for situations described in the bill. The provider is required to notify the court and the victim if the provider is unable to operationally or technically effectuate the order, and is required to provide the reasons for noncompliance. Upon transfer of billing responsibility for and rights to a wireless telephone number to the victim, the victim would assume all financial responsibility for the number, monthly service costs, and costs for any mobile device associated with the wireless telephone number or numbers. The wireless service provider would not be precluded from applying any routine and customary requirements for account establishment to the victim as part of this transfer of billing responsibility and any devices attached to that number, including, but not limited to, identification, financial information, and customer preferences.

Finally, the bill provides that no wireless telephone service provider or its officers, employees, or agents are to be held liable for damages for actions taken in accordance with the terms of a court order issued under the bill.