Bill Text: NJ A4424 | 2010-2011 | Regular Session | Introduced
Bill Title: Increases domestic violence civil penalty and surcharge; imposes new civil penalties under certain circumstances; provides funds to Legal Services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-12-12 - Introduced, Referred to Assembly Judiciary Committee [A4424 Detail]
Download: New_Jersey-2010-A4424-Introduced.html
Sponsored by:
Assemblyman ANGEL FUENTES
District 5 (Camden and Gloucester)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
SYNOPSIS
Increases domestic violence civil penalty and surcharge; imposes new civil penalties under certain circumstance; provides funds to Legal Services.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning domestic violence and amending P.L.2001, c.195, P.L.2002, c.34, P.L.1991, c. 261, P.L.1971, c. 223 and P.L.2003, c.41.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2001, c. 195 (C.2C:25-29.1) is amended to read as follows:
1. a. In addition to any other disposition, any person found by the court in a final hearing pursuant to section 13 of P.L.1991, c.261 (C.2C:25-29) to have committed an act of domestic violence shall be ordered by the court to pay a civil penalty of [at least $50, but not to exceed $500] $1500 per year for a three year period. In imposing this civil penalty, the court shall take into consideration the nature and degree of injury suffered by the victim. [The court may waive the penalty in cases of extreme financial hardship.]
b. If the court finds that the person does not have the ability to pay the civil penalty in full on the date of the hearing, the court may order the payment of the penalty in installments for a period of time determined by the court. If a person defaults on any payment and the court finds that the defendant does not have the ability to pay, the court may:
(1) reduce the penalty, suspend the penalty, or modify the installment plan;
(2)order the person to perform community service in lieu of payment of the penalty;
(3) impose any other alternative permitted by law in lieu of payment of the penalty; or
(4) waive the penalty in cases of extreme financial hardship.
(cf: P.L.2001, c.195, s.1)
2. Section 2 of P.L.2001, c. 195 (C.2C:25-29.2) is amended to read as follows:
2. a. All civil penalties imposed pursuant to section 1 of P.L.2001, c.195 (C.2C:25-29.1) shall be collected as provided by the Rules of Court. All moneys collected shall be forwarded to the [Domestic Violence Victims' Fund] "Domestic Violence Victims' Fund" established pursuant to section 3 of P.L.2001, c.195 (C.30:14-15).
b. An amount equal to
the revenue derived from the increase in fees collected pursuant to P.L. ,
c. (C. )(pending before the Legislature as this bill) shall be
deposited annually in the "Domestic Violence Victims' Fund" established
pursuant to section 3 of
P.L.2001, c. 195 (C.30:14-15). An amount equal to 60 percent of the increase
in fees collected pursuant to the provisions of P.L. , c. (C.
)(pending before the Legislature as this bill) shall be annually appropriated to
the "Domestic Violence Victims' Fund" for legal assistance services for victims
of domestic violence. An amount equal to 40 percent of the monies collected pursuant
to the provisions of P.L. ,c. (C. )(pending before the Legislature
as this bill) shall be appropriated for direct services to victims of domestic
violence, including but not limited to, shelter services and domestic violence
prevention, training and assessment.
(cf: P.L.2001, c.195, s.2)
3. Section 50 of P.L.2002, c.34 (C.2C:25-29.4) is amended to read as follows:
50. a. In addition to any other penalty, fine or charge imposed pursuant to law, a person convicted of [an act of] a crime or offense involving domestic violence, as that term is defined by subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), shall be subject to a surcharge in the amount of [$100] $500 payable to the Treasurer of the State of New Jersey for use by the [Department of Human Services] Department of Children and Families to fund grants for domestic violence prevention, training, legal assistance services and assessment.
b. An amount equal to the revenue derived from the increase in fees collected pursuant to P.L. , c. (C. )(pending before the Legislature as this bill) shall be deposited annually in the "Domestic Violence Victims' Fund" established pursuant to section 3 of P.L.2001, c. 195 (C.30:14-15). An amount equal to 60 percent of the increase in fees collected pursuant to the provisions of P.L. ,c. (C. )(pending before the Legislature as this bill) shall be annually appropriated to the "Domestic Violence Victims' Fund" for legal assistance services for victims of domestic violence. An amount equal to 40 percent of the monies collected pursuant to the provisions of P.L. ,c. (C. )(pending before the Legislature as this bill) shall be appropriated for direct services to victims of domestic violence, including but not limited to, shelter services and domestic violence prevention, training and assessment.
(cf: P.L.2002, c.34, s.50)
4. Section 14 of P.L. 1991, c.261 (C.2C:25-30) is amended to read as follows:
14. a. Except as provided below, a violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection b. of N.J.S.2C:29-9 and each order shall so state. All contempt proceedings conducted pursuant to N.J.S.2C:29-9 involving domestic violence orders, other than those constituting indictable offenses, shall be heard by the Family Part of the Chancery Division of the Superior Court. All contempt proceedings brought pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.) shall be subject to any rules or guidelines established by the Supreme Court to guarantee the prompt disposition of criminal matters. Additionally, and notwithstanding the term of imprisonment provided in N.J.S.2C:43-8, any person convicted of a second or subsequent nonindictable domestic violence contempt offense shall serve a minimum term of not less than 30 days. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of this act shall be excluded from enforcement under subsection b. of N.J.S.2C:29-9; however, violations of these orders may be enforced in a civil or criminal action initiated by the plaintiff or by the court, on its own motion, pursuant to applicable court rules.
b. In addition to any other disposition, a person convicted of a violation under the provisions of this section shall be subject to a monetary penalty of $500 for a first offense and $1000 for second or subsequent offense. All monetary penalties imposed pursuant to this section shall be collected and forwarded to the "Domestic Violence Victims' Fund" established pursuant to section 3 of P.L.2001, c. 195 (C.30:14-15). Monies deposited in the "Domestic Violence Victims' Fund" pursuant to this section shall be used solely for legal assistance services for victims of domestic violence.
(cf: P.L.1994, c.94, s.6)
5. Section 3 of P.L. 2001, c.195 (C.30:14-15) is amended to read as follows:
3. a. There is hereby established the "Domestic Violence Victims' Fund," a dedicated fund within the General Fund and administered by the Division of Youth and Family Services in the Department of Children and Families. The fund shall be the depository of moneys realized from the civil penalty imposed pursuant to section 1 of P.L.2001, c.195 (C.2C:25-29.1) and any other moneys made available for the purposes of the fund.
b. All moneys deposited in the "Domestic Violence Victims' Fund" shall be used for direct services to victims of domestic violence, including, but not limited to, shelter services, legal advocacy services and legal assistance services, and for related administrative costs of the Division of Youth and Family Services.
c. The Treasurer shall deposit annually in the "Domestic Violence Victims' Fund" an amount equal to the revenue derived from the increase in fees collected pursuant to P.L. , c. (C. )(pending before the Legislature as this bill). Interest and other income earned on moneys deposited in the fund shall be credited to the fund. An amount equal to 60 percent of the increase in fees collected pursuant to the provisions of P.L. , c. (C. )(pending before the Legislature as this bill) shall be annually appropriated to the "Domestic Violence Victims' Fund" for legal assistance services for victims of domestic violence. An amount equal to 40 percent of the monies collected pursuant to the provisions of P.L. , c. (C. )(pending before the Legislature as this bill) shall be appropriated for direct services to victims of domestic violence, including but not limited to, shelter services.
(cf: P.L.2006, c.47, s.182)
6. Section 5 of P.L.2001, c. 195 (C.30:14-16) is amended to read as follows:
5. The [Department of Human Services] Department of Children and Families to may promulgate rules and regulations to effectuate the purposes of this act pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
(cf: P.L.2001, c.195, s.5)
7. Section 4 of P.L.2003, c.41 (C.17:29B-18) is amended to read as follows:
4. a. A person aggrieved by a violation of this act may file a complaint with the Commissioner of Banking and Insurance. Upon receipt of the complaint, the commissioner shall investigate an insurer to determine whether the insurer has violated any provision of this act.
b. The commissioner may:
(1) order an insurer that is in violation to pay a monetary penalty of [$5,000] $6,000 for each violation;
(2) order the insurer to make restitution to the aggrieved person; or
(3) obtain equitable relief in a State or federal court of competent jurisdiction against an insurer, as well as the costs of suit, attorney's fees and expert witness fees.
c. An amount equal to the revenue derived from the increase in fees collected pursuant to P.L. , c. (C. )(pending before the Legislature as this bill) shall be deposited annually in the "Domestic Violence Victims' Fund" established pursuant to section 3 of P.L.2001, c. 195 (C.30:14-15). Monies deposited in the "Domestic Violence Victims' Fund" pursuant to this section shall be used solely for legal assistance services for victims of domestic violence.
(cf: P.L.2003, c.41, s.4)
8. Section 3 of P.L.1971, c. 223 (C.46:8-21.1) is amended to read as follows:
3. Within 30 days after the termination of the tenant's lease or licensee's agreement, the owner or lessee shall return by personal delivery, registered or certified mail the sum so deposited plus the tenant's portion of the interest or earnings accumulated thereon, less any charges expended in accordance with the terms of a contract, lease, or agreement, to the tenant or licensee, or, in the case of a lease terminated pursuant to P.L.1971, c.318 (C.46:8-9.1), the executor or administrator of the estate of the tenant or licensee or the surviving spouse of the tenant or licensee so terminating the lease. The interest or earnings and any such deductions shall be itemized and the tenant, licensee, executor, administrator or surviving spouse notified thereof by personal delivery, registered or certified mail. Notwithstanding the provisions of this or any other section of law to the contrary, no deductions shall be made from a security deposit of a tenant who remains in possession of the rental premises.
Within five business days after:
a. the tenant is caused to be displaced by fire, flood, condemnation, or evacuation, and
b. an authorized public official posts the premises with a notice prohibiting occupancy; or
c. any building inspector, in consultation with a relocation officer, where applicable, has certified within 48 hours that displacement is expected to continue longer than seven days and has so notified the owner or lessee in writing, the owner or lessee shall have available and return to the tenant or the tenant's designated agent upon his demand the sum so deposited plus the tenant's portion of the interest or earnings accumulated thereon, less any charges expended in accordance with the terms of the contract, lease or agreement and less any rent due and owing at the time of displacement.
Within 15 business days after a lease terminates as described in section 3 of P.L.2008, c.111 (C.46:8-9.6), the owner or lessee shall have available and return to the tenant or the tenant's designated agent upon his demand any money or advance of rent deposited as security plus the tenant's portion of the interest or earnings accumulated thereon, including the portion of any money or advance of rent due to a victim of domestic violence terminating a lease pursuant to section 3 of P.L.2008, c.111 (C.46:8-9.6), less any charges expended in accordance with the terms of the contract, lease or agreement and less any rent due and owing at the time of the lease termination.
Such net sum shall continue to be available to be returned upon demand during normal business hours for a period of 30 days at a location in the same municipality in which the subject leased property is located and shall be accompanied by an itemized statement of the interest or earnings and any deductions. The owner or lessee may, by mutual agreement with the municipal clerk, have the municipal clerk of the municipality in which the subject leased property is located return said net sum in the same manner. Within three business days after receiving notification of the displacement, the owner or lessee shall provide written notice to a displaced tenant by personal delivery or mail to the tenant's last known address. In the event that a lease terminates as described in section 3 of P.L.2008, c.111 (C.46:8-9.6), within three business days after the termination, the owner or lessee shall provide written notice to the victim of domestic violence by personal delivery or mail to the tenant's last known address. Such notice shall include, but not be limited to, the location at which and the hours and days during which said net sum shall be available to him. The owner or lessee shall provide a duplicate notice in the same manner to the relocation officer. Where a relocation officer has not been designated, the duplicate notice shall be provided to the municipal clerk. When the last known address of the tenant is that from which he was displaced and the mailbox of that address is not accessible during normal business hours, the owner or lessee shall also post such notice at each exterior public entrance of the property from which the tenant was displaced. Notwithstanding the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.), or any other law to the contrary, the municipal clerk, and any designee, agent or employee of the municipal clerk, shall not knowingly disclose or otherwise make available personal information about any victim of domestic violence that the clerk or any designee, agent or employee has obtained pursuant to the procedures described in section 3 of P.L.1971, c.223 (C.46:8-21.1).
Any such net sum not demanded by and returned to the tenant or the tenant's designated agent within the period of 30 days shall be redeposited or reinvested by the owner or lessee in an appropriate interest bearing or dividend yielding account in the same investment company, State or federally chartered bank, savings bank or savings and loan association from which it was withdrawn. In the event that said displaced tenant resumes occupancy of the premises, said tenant shall redeliver to the owner or lessee one-third of the security deposit immediately, one-third in 30 days and one-third 60 days from the date of reoccupancy. Upon the failure of said tenant to make such payments of the security deposit, the owner or lessee may institute legal action for possession of the premises in the same manner that is authorized for nonpayment of rent.
The Commissioner of Community Affairs, the Attorney General, or any State entity which made deposits on behalf of a tenant may impose a civil penalty against an owner or lessee who has willfully and intentionally withheld deposits in violation of section 1 of P.L.1967, c.265 (C.46:8-19), when the deposits were made by or on behalf of a tenant who has received financial assistance through any State or federal program, including welfare or rental assistance and when the deposits were made by or on behalf of a tenant who is a victim of domestic violence who has terminated a lease pursuant to section 3 of P.L.2008, c.111 (C.46:8-9.6). An owner or lessee of a tenant on whose behalf deposits were made by a State entity and who has willfully and intentionally withheld such deposits in violation of this section shall be liable for a civil penalty of not less than $500 or more than $2,000 for each offense. The penalty prescribed in this paragraph shall be collected and enforced by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The State entity which made such deposits on behalf of a tenant shall be entitled to any penalty amounts recovered pursuant to such proceedings.
An owner or lessee shall be liable for a civil penalty of not less than $500 or more than $2,000 for each offense if he has willfully and intentionally withheld deposits of a tenant who is a victim of domestic violence in violation of this section. This penalty shall be collected and forwarded to the "Domestic Violence Victims' Fund" established pursuant to section 3 of P.L.2001, c. 195 (C.30:14-15). Monies deposited in the "Domestic Violence Victims' Fund" pursuant to this section shall be used solely for legal assistance services for victims of domestic violence.
In any action by a tenant, licensee, executor, administrator or surviving spouse, or other person acting on behalf of a tenant, licensee, executor, administrator or surviving spouse, for the return of moneys due under this section, the court upon finding for the tenant, licensee, executor, administrator or surviving spouse shall award recovery of double the amount of said moneys, together with full costs of any action and, in the court's discretion, reasonable attorney's fees. In any civil action under this section where court awards recovery to a tenant who is a victim of domestic violence, the court shall impose an additional civil penalty of $2000 against the owner or lessee of the tenant. This penalty shall be collected and forwarded to the "Domestic Violence Victims' Fund" established pursuant to section 3 of P.L.2001, c. 195 (C.30:14-15) for legal assistance services for victims of domestic violence.
(cf: P.L. 2010, c.34, s.11)
9. This act shall take effect immediately.
STATEMENT
This bill would increase the current civil penalties and surcharges imposed on domestic violence offenders. In addition, the bill would impose new penalties in certain tenancy actions involving victims of domestic violence and in certain actions involving discriminatory practices among insurance companies. The proceeds would be dedicated to funding legal assistance services for victims of domestic violence.
Currently a person found to have committed an act of domestic violence is required to pay a civil penalty ranging from $50 to $500 under the provisions of N.J.S.A.2C:25-29.1. The monies are forwarded to the "Domestic Violence Victims' Fund," established by N.J.S.A.30:14-15. Pursuant to the provisions of N.J.S.A.30:14-15 monies in the fund are used for direct services to domestic violence victims including, but not limited to, shelter services, legal advocacy and legal assistance services. An additional surcharge is imposed on domestic violence offenders totaling $100 pursuant to N.J.S.A.2C:25-29.4. Under the provisions of the bill, both the civil penalty and the surcharge would be increased and the monies would be used for legal assistance to victims of domestic violence.
Specifically, the bill amends N.J.S.A.2C:25-29.1 to increase the civil penalty for any person found to have committed an act of domestic violence from the current range of $50-$500 to a new penalty of $1,500 for a three-year period. The bill also provides that if the court finds that the person does not have the ability to pay in full the day of the hearing then the court may order the payment of the penalty in installments for a period of time to be determined by the court. If the person defaults on the payment then the court may: (1) reduce, suspend or modify the installment plan; (2) order community service; (3) impose any other alternative in lieu of payment; or (4) waive the penalty in cases of extreme hardship.
The bill also amends N.J.S.A.2C:25-29.4 which provides for the imposition of a surcharge on any person convicted of an act of domestic violence. The bill increases the surcharge from $100 to $500.
The revenue derived from the increase in civil penalty and surcharge would be forwarded to the "Domestic Violence Victim's Fund" established pursuant to N.J.S.A.30:14-15. The revenue received from this increase would be divided as follows: 60 percent of the increase would be appropriated for legal assistance services for victims of domestic violence and 40 percent to be used for direct services to victims, including but not limited to, shelter services and domestic violence training, prevention and assessment.
In addition, the bill amends N.J.S.A.2C:25-30, concerning violation of domestic violence orders, to impose a civil penalty of $500 for the first violation and $1000 for a second or subsequent violation. The monies collected would be forwarded to the "Domestic Violence Victims' Fund" and used solely for legal assistance services to victims.
The bill would also add a new penalty against owners or lessee of properties who withhold deposits from domestic violence victims and increase the penalty against insurers who discriminate against these victims.
N.J.S.A.46:8-21.1, concerning procedures for termination of leases, would be amended to provide for a civil penalty against an owner or lessee who has willfully and intentionally withheld deposits after termination of a lease by a tenant who is a victim of domestic violence. That person would be liable for a civil penalty of not less than $500 or more than $2,000 for each offense. In addition, the bill would authorize the court to impose an additional civil penalty of $2000 in any civil action where the court awards recovery to a tenant who is a victim of domestic violence.
The bill would also amend N.J.S.A.17:29B-16 et seq. to increase the civil penalty imposed on insurers who discriminate against domestic violence victims. N.J.S.A.17:29B-16 et seq. was enacted in 2003 to prevent insurers from discriminating against a victims of domestic violence, persons who employ victims of domestic violence, or domestic violence shelters and their employees by among other actions: (1) denying, refusing to renew or issue, or canceling or otherwise terminating an insurance policy; (2) restricting, excluding or limiting benefits or denying a claim as a result of domestic violence; or (3) adding a premium differential to an insurance policy. The bill would increase the current civil penalty for such actions of $5,000 to $6,000 for such actions. Proceeds from these two penalties would be collected and forwarded to the "Domestic Violence Victims' Fund" for legal assistance services for victims of domestic violence.
