ASSEMBLY, No. 850
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
Assemblyman EDWARD H. THOMSON
District 30 (Monmouth and Ocean)
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblywomen Murphy and Downey
Upgrades penalty for failing to report act of sexual abuse against child.
CURRENT VERSION OF TEXT
As reported by the Assembly Education Committee on November 26, 2018, with amendments.
An Act concerning child abuse and amending P.L.1971, c.437.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1971, c.437 (C.9:6-8.10) is amended to read as follows:
3. [Any] 1[a. Except as provided in subsection b. of this section any] Any1 person having reasonable cause to believe that a child has been subjected to child abuse 1, including sexual abuse,1 or acts of child abuse shall report the same immediately to the Division of 1[Youth and Family Services] Child Protection and Permanency1 by telephone or otherwise. [Such reports,]
1[b. Any person having reasonable cause to believe that a child has been subjected to an act of sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) or any sexual offense as defined in chapter 14 of Title 2C of the New Jersey Statutes shall immediately report the act or offense to law enforcement officials.
c. Reports made pursuant to subsections a. and b. of this section,] Such reports,1 where possible, shall contain the names and addresses of the child and his parent, guardian, or other person having custody and control of the child and, if known, the child's age, the nature and possible extent of the child's injuries, abuse or maltreatment, including any evidence of previous injuries, abuse or maltreatment, and any other information that the person believes may be helpful with respect to the child abuse and the identity of the perpetrator.
(cf: P.L.2012, c.16, s.21)
2. Section 7 of P.L.1971, c.437 (C.9:6-8.14) is amended to read as follows:
7. [Any] a. Except as provided in subsection b. of this section any person knowingly violating the provisions of this act including the failure to report an act of child abuse having reasonable cause to believe that an act of child abuse has been committed, is a disorderly person.
b. Any person who knowingly fails to report an act of sexual abuse 1[or any sexual offense pursuant to subsection b. of section 3 of P.L.1971, c.437 (C.9:6-8.10)]1 against a child and who has reasonable cause to believe that an act of sexual abuse 1[or the sexual offense]1 has been committed is guilty of a crime of the fourth degree.
(cf: P.L.1971, c.437, s.7)
3. This act shall take effect immediately.