Bill Text: NJ A5844 | 2018-2019 | Regular Session | Introduced
Bill Title: Creates domestic violence Internet registry for certain public access; mandates counseling and community service and increases fines for certain domestic violence offenders.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2019-11-14 - Introduced, Referred to Assembly Women and Children Committee [A5844 Detail]
Download: New_Jersey-2018-A5844-Introduced.html
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Creates domestic violence Internet registry for certain public access; mandates counseling and community service and increases fines for certain domestic violence offenders.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning domestic violence and amending P.L.2001, c.195 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. (New section) a. Pursuant to the provisions of this section, the Administrative Office of the Courts in conjunction with the Superintendent of State Police and the Attorney General shall develop and maintain a system for making the information set forth in this section publicly available by means of Internet technology. This registry shall be separate from the central domestic violence registry established pursuant to section 1 of P.L.1999, c.421 (C.2C:25-34).
b. The public may, without limitation, obtain access to the Internet registry to view an individual record, any part of, or the entire domestic violence Internet registry concerning all persons who have been convicted of one or more domestic violence-related crimes or offenses, including:
(1) the defendant's name and any aliases the defendant has used or under which the defendant may be or may have been known;
(2) any offenses involving domestic violence for which the defendant was convicted, the date and location of disposition;
(3) a brief description of any such offense, a general description of the defendant's modus operandi, if any;
(4) the defendant's age, race, sex, date of birth, height, weight, hair, eye color and any distinguishing scars or tattoos;
(5) a photograph of the defendant and the date on which the photograph was entered into the registry;
(6) the make, model, color, year and license plate number of any vehicle operated by the defendant; and
(7) the defendant's last known address.
c. A person whose name is included in the database established pursuant to this section may petition the Administrative Office of the Courts for removal of their name. A person may petition the Administrative Office of the Courts for removal of their name as follows: after two years for a first crime or offense involving domestic violence; after seven years for a second crime or offense involving domestic violence; and after 20 years for a third or subsequent crime or offense involving domestic violence.
d. The Administrative Office of the Courts shall remove the person's name from the database in response to the petition if the person has not been found guilty of an offense or crime related to domestic violence during period set forth in subsection c. preceding the petition. If applicable, the period will be measured from the date of the person's satisfactory completion of probation or parole, or release from incarceration, whichever date is later. Any person who has been convicted of a domestic violence-related homicide, sexual assault or aggravated assault or a conspiracy or attempt to commit a domestic violence-related homicide, sexual assault or aggravated assault shall not be eligible for removal of their name from the database.
e. Upon a change of address, a person whose name is included in the database shall provide the Administrative Office of the Courts with their new address within no later than five days after such change.
f. On the website through which a person may search the database described by this section, the Administrative Office of the Courts shall include the following information regarding:
(1) the manner in which a person may petition the Administrative Office of the Courts for removal of their name from the database;
(2) the circumstances under which the Administrative Office of the Courts would grant the petition; and
(3) the manner in which a person may provide their updated address.
2. (New section) No action shall be brought against any person for failure to investigate or disclose any information from the domestic violence Internet registry that is compiled or made available to the public pursuant to section 1 of P.L. c. (C. ) (pending before the Legislature as this bill).
3. (New section) In addition to any other disposition, the court shall order any person 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 to the following:
a. To receive professional domestic violence counseling from either a private source or a source appointed by the court as follows: for a first act of domestic violence, a minimum of six months; for a second act of domestic violence, a minimum of one year; and for a third or subsequent act of domestic violence, a minimum of two years. If the court so orders professional domestic violence 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; and
b. To perform community
service for a minimum of one year.
4. Section 1 of P.L.2001, c.195 (C.2C:25-29.1) is amended to read as follows:
1. 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] as follows: $500 for a first act of domestic violence; $1,000 for a second act of domestic violence; and $5,0000 for a third or subsequent act of domestic violence. 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.
(cf: P.L.2001, c.195)
5. This act shall take effect on the 90th day following enactment.
STATEMENT
This bill requires the Administrative Office of the Courts in conjunction with the Superintendent of State Police and the Attorney General to develop and maintain a system to make certain domestic violence registry information publicly available over the Internet. This registry would be separate from the central domestic violence registry maintained by the Administrative Office of the Courts established pursuant to N.J.S.A.2C:25-34.
Under the bill, the public would be able to gain access through the Internet to all available information concerning an individual record, any part of, or the entire domestic violence Internet registry concerning, all persons who have been convicted of one or more offenses or crimes involving domestic violence.
In the case of a person who has been convicted of offenses or crimes involving domestic violence, the public may, without limitation, obtain access to the domestic violence Internet registry to view an individual record, any part of, or the entire domestic violence Internet registry including: the defendant's name and any aliases the defendant has used or under which the defendant may be or may have been known; any crime or offense involving domestic violence for which the defendant was convicted; the date and location of disposition; a brief description of any such offense, a general description of the defendant's modus operandi, if any; the defendant's age, race, sex, date of birth, height, weight, hair, eye color and any distinguishing scars or tattoos; a photograph of the defendant and the date on which the photograph was entered into the registry; the make, model, color, year and license plate number of any vehicle operated by the defendant; and the defendant's last address.
Under the bill, a defendant whose name is included in the database may petition the Administrative Office of the Courts for removal of their name from the database as follows: after two years for a first crime or offense involving domestic violence; after seven years for a second crime or offense involving domestic violence; and after 20 years for a third or subsequent crime or offense involving domestic violence. The Administrative Office of the Courts would remove the person's name from the database if the person has not been found guilty of an offense or crime related to domestic violence during the period preceding the petition. If applicable, the period would be measured from the date of the person's satisfactory completion of probation or parole, or release from incarceration, whichever date is later. However, any defendant who has been convicted of a domestic violence-related homicide, sexual assault or aggravated assault or a conspiracy or attempt to commit a domestic violence-related homicide, sexual assault or aggravated assault would not be eligible to have their name removed from the database.
In addition, on the website through which a person may search the database described in the bill, the Administrative Office of the Courts would include the following information: the manner in which a person may petition the Administrative Office of the Courts for removal of their name from the database, the circumstances under which the Administrative Office of the Courts would grant the petition, and the manner in which a person may update their address.
The bill also provides that no person would be held liable for failure to investigate or disclose any information from the domestic violence Internet registry that is compiled or made available to the public as provided in this bill.
The bill also requires the court to order any person found by the court in a final hearing pursuant to N.J.S.A.2C:25-29 to have committed an act of domestic violence to undergo professional domestic violence counseling as follows: for a first act of domestic violence, a minimum of six months; for a second act of domestic violence, a minimum of one year; and for a third or subsequent act of domestic violence, a minimum of two years. In addition, the court would require the defendant to perform community service for a minimum of one year.
The bill also increases the civil penalty for a person found by the court in a final hearing pursuant to N.J.S.A.2C:25-29 to have committed an act of domestic violence to pay from $50 to as follows: $500 for a first act of domestic violence; $1,000 for a second act of domestic violence; and $5,000 for a third or subsequent act of domestic violence.
The bill would take effect on the 90th day following enactment.
