Bill Text: NJ S1553 | 2018-2019 | Regular Session | Introduced
Bill Title: Creates procedure for destruction of all records pertaining to juveniles who are arrested but subsequently not charged with delinquency.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-02-05 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1553 Detail]
Download: New_Jersey-2018-S1553-Introduced.html
Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Creates procedure for destruction of all records pertaining to juveniles who are arrested but subsequently not charged with delinquency.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain juvenile records, revising various parts of the statutory law, 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. Section 1 of P.L.1980, c.163 (C.2C:52-4.1) is amended to read as follows:
1. a. Any person adjudged a juvenile delinquent may have such adjudication expunged as follows:
(1) Pursuant to N.J.S.2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult;
(2) Pursuant to N.J.S.2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or
(3) Pursuant to N.J.S.2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult.
For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult.
b. Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if:
(1) Five years have elapsed since the final discharge of the person from legal custody or supervision or 5 years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;
(2) He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the 5 years prior to the filing of the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;
(3) He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2;
(4) He has never had an
adult conviction expunged; and
(5) He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program.
c. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S.2C:52-6.
d. Any juvenile who has been arrested or detained but not charged with an act of delinquency may have all complaints, warrants, arrests, processing records, police reports, index cards, fingerprint records, and photographs destroyed pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as section 5 of this bill).
(cf: P.L.2009, c.188, s.2)
2. N.J.S.2C:52-6 is amended to read as follows:
2C:52-6 Arrests not resulting in conviction.
a. When a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation under the laws of this State or of any governmental entity thereof and proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt, the Superior Court shall, at the time of dismissal, acquittal, or discharge, or, in any case set forth in paragraph (1) of this subsection, upon receipt of an application from the person, order the expungement of all records and information relating to the arrest or charge.
(1) If proceedings took place in municipal court, the municipal court shall provide the person, upon request, with appropriate documentation to transmit to the Superior Court to request expungement pursuant to procedures developed by the Administrative Office of the Courts. Upon receipt of the documentation, the Superior Court shall enter an ex parte order expunging all records and information relating to the person's arrest or charge.
(2) The provisions of N.J.S.2C:52-7 through N.J.S.2C:52-14 shall not apply to an expungement pursuant to this subsection and no fee shall be charged to the person making such application.
(3) An expungement under this subsection shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged.
(4) The Superior Court shall forward a copy of the expungement order to the appropriate court and to the prosecutor. The prosecutor shall promptly distribute copies of the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order so that they may comply with the requirements of N.J.S.2C:52-15.
(5) An expungement related to a dismissal, acquittal, or discharge ordered pursuant to this subsection shall not bar any future expungement.
(6) Where a dismissal of an offense is based on an eligible servicemember's successful participation in a Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.), the county prosecutor, on behalf of the eligible servicemember, may move before the court for the expungement of all records and information relating to the arrest or charge, and the diversion at the time of dismissal pursuant to this section.
b. When a person did not apply or a prosecutor did not move on behalf of an eligible servicemember for an expungement of an arrest or charge not resulting in a conviction pursuant to subsection a. of this section, the person may at any time following the disposition of proceedings, present a duly verified petition as provided in N.J.S.2C:52-7 to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged. No fee shall be charged to the person for applying for an expungement of an arrest or charge not resulting in a conviction pursuant to this subsection.
c. (1) Any person who has had charges dismissed against him pursuant to a program of supervisory treatment pursuant to N.J.S.2C:43-12, or conditional discharge pursuant to N.J.S.2C:36A-1, or conditional dismissal pursuant to P.L.2013, c.158 (C.2C:43-13.1 et al.), shall be barred from the relief provided in this section until six months after the entry of the order of dismissal.
(2) A servicemember who has successfully participated in a Veterans Diversion Program pursuant to P.L.2017, c.42 (C.2C:43-23 et al.) may apply for expungement pursuant to this section at any time following the order of dismissal if an expungement was not granted at the time of dismissal.
d. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.
e. Any juvenile who has been arrested or detained but not charged with an act of delinquency may have all complaints, warrants, arrests, processing records, police reports, index cards, fingerprint records, and photographs destroyed pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as section 5 of this bill).
(cf: P.L.2017, c.42, s.7)
3. Section 1 of P.L.1982, c.79 (C.2A:4A-60) is amended to read as follows:
1. Disclosure of juvenile information; penalties for disclosure.
a. Social, medical, psychological, legal and other records of the court and probation division, and records of law enforcement agencies, pertaining to juveniles who have been arrested or detained but not charged with an act of delinquency, charged as a delinquent or found to be part of a juvenile-family crisis, shall be strictly safeguarded from public inspection. Such records shall be made available only to:
(1) Any court or probation division;
(2) The Attorney General or county prosecutor;
(3) The parents or guardian and to the attorney of the juvenile;
(4) The Department of Human Services or Department of Children and Families, if providing care or custody of the juvenile;
(5) Any institution or facility to which the juvenile is currently committed or in which the juvenile is placed;
(6) Any person or agency interested in a case or in the work of the agency keeping the records, by order of the court for good cause shown, except that information concerning adjudications of delinquency, records of custodial confinement, payments owed on assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) or restitution ordered following conviction of a crime or adjudication of delinquency, and the juvenile's financial resources, shall be made available upon request to the Victims of Crime Compensation Agency established pursuant to section 2 of P.L.2007, c.95 (C.52:4B-3.2), which shall keep such information and records confidential;
(7) The Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170);
(8) Law enforcement agencies for the purpose of reviewing applications for a permit to purchase a handgun or firearms purchaser identification card;
(9) Any potential party in a subsequent civil action for damages related to an act of delinquency committed by a juvenile, including the victim or a member of the victim's immediate family, regardless of whether the action has been filed against the juvenile; provided, however, that records available under this paragraph shall be limited to official court documents, such as complaints, pleadings and orders, and that such records may be disclosed by the recipient only in connection with asserting legal claims or obtaining indemnification on behalf of the victim or the victim's family and otherwise shall be safeguarded from disclosure to other members of the public. Any potential party in a civil action related to the juvenile offense may file a motion with the civil trial judge seeking to have the juvenile's social, medical or psychological records admitted into evidence in a civil proceeding for damages;
(10) Any potential party in a subsequent civil action for damages related to an act of delinquency committed by a juvenile, including the victim or a member of the victim's immediate family, regardless of whether the action has been filed against the juvenile; provided, however, that records available under this paragraph shall be limited to police or investigation reports concerning acts of delinquency, which shall be disclosed by a law enforcement agency only with the approval of the County Prosecutor's Office or the Division of Criminal Justice. Prior to disclosure, all personal information regarding all individuals, other than the requesting party and the arresting or investigating officer, shall be redacted. Such records may be disclosed by the recipient only in connection with asserting legal claims or obtaining indemnification on behalf of the victim or the victim's family, and otherwise shall be safeguarded from disclosure to other members of the public;
(11) The Office of the Child Advocate established pursuant to P.L.2005, c.155 (C.52:27EE-1 et al.). Disclosure of juvenile information received by the child advocate pursuant to this paragraph shall be in accordance with the provisions of section 76 of P.L.2005, c.155 (C.52:27EE-76);
(12) Law enforcement agencies with respect to information available on the juvenile central registry maintained by the courts pursuant to subsection g. of this section, including, but not limited to: records of official court documents, such as complaints, pleadings and orders for the purpose of obtaining juvenile arrest information; juvenile disposition information; juvenile pretrial information; and information concerning the probation status of a juvenile; and
(13) A Court Appointed Special Advocate as defined in section 1 of P.L.2009, c.217 (C.2A:4A-92).
b. Records of law enforcement agencies may be disclosed for law enforcement purposes, or for the purpose of reviewing applications for a permit to purchase a handgun or a firearms purchaser identification card to any law enforcement agency of this State, another state or the United States, and the identity of a juvenile under warrant for arrest for commission of an act that would constitute a crime if committed by an adult may be disclosed to the public when necessary to execution of the warrant.
c. At the time of charge, adjudication or disposition, information as to the identity of a juvenile charged with an offense, the offense charged, the adjudication and disposition shall, upon request, be disclosed to:
(1) The victim or a member of the victim's immediate family;
(2) (Deleted by amendment, P.L.2005, c.165).
(3) On a confidential basis, the principal of the school where the juvenile is enrolled for use by the principal and such members of the staff and faculty of the school as the principal deems appropriate for maintaining order, safety or discipline in the school or to planning programs relevant to the juvenile's educational and social development, provided that no record of such information shall be maintained except as authorized by regulation of the Department of Education; or
(4) A party in a subsequent legal proceeding involving the juvenile, upon approval by the court.
d. A law enforcement or prosecuting agency shall, at the time of a charge, adjudication or disposition, send written notice to the principal of the school where the juvenile is enrolled of the identity of the juvenile charged, the offense charged, the adjudication and the disposition if:
(1) The offense occurred on school property or a school bus, occurred at a school-sponsored function or was committed against an employee or official of the school; or
(2) The juvenile was taken into custody as a result of information or evidence provided by school officials; or
(3) The offense, if committed by an adult, would constitute a crime, and the offense:
(a) resulted in death or serious bodily injury or involved an attempt or conspiracy to cause death or serious bodily injury; or
(b) involved the unlawful use or possession of a firearm or other weapon; or
(c) involved the unlawful manufacture, distribution or possession with intent to distribute a controlled dangerous substance or controlled substance analog; or
(d) was committed by a juvenile who acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, sexual orientation or ethnicity; or
(e) would be a crime of the first, second, or third degree.
Information provided to the principal pursuant to this subsection shall be maintained by the school and shall be treated as confidential but may be made available to such members of the staff and faculty of the school as the principal deems appropriate for maintaining order, safety or discipline in the school or for planning programs relevant to a juvenile's educational and social development.
e. Nothing in this section prohibits a law enforcement or prosecuting agency from providing the principal of a school with information identifying one or more juveniles who are under investigation or have been taken into custody for commission of any act that would constitute an offense if committed by an adult when the law enforcement or prosecuting agency determines that the information may be useful to the principal in maintaining order, safety or discipline in the school or in planning programs relevant to the juvenile's educational and social development. Information provided to the principal pursuant to this subsection shall be treated as confidential but may be made available to such members of the staff and faculty of the school as the principal deems appropriate for maintaining order, safety or discipline in the school or for planning programs relevant to the juvenile's educational and social development. No information provided pursuant to this section shall be maintained.
f. Information as to the identity of a juvenile adjudicated delinquent, the offense, the adjudication and the disposition shall be disclosed to the public where the offense for which the juvenile has been adjudicated delinquent if committed by an adult, would constitute a crime of the first, second or third degree, or aggravated assault, destruction or damage to property to an extent of more than $500.00, unless upon application at the time of disposition the juvenile demonstrates a substantial likelihood that specific and extraordinary harm would result from such disclosure in the specific case. Where the court finds that disclosure would be harmful to the juvenile, the reasons therefor shall be stated on the record.
g. (1) Nothing in this section shall prohibit the establishment and maintaining of a central registry of the records of law enforcement agencies relating to juveniles for the purpose of exchange between State and local law enforcement agencies and prosecutors of this State, another state, or the United States. These records of law enforcement agencies shall be available on a 24-hour basis.
(2) Certain information and records relating to juveniles in the central registry maintained by the courts, as prescribed in paragraph (12) of subsection a. of this section, shall be available to State and local law enforcement agencies and prosecutors on a 24-hour basis.
h. Whoever, except as provided by law, knowingly discloses, publishes, receives, or makes use of or knowingly permits the unauthorized use of information concerning a particular juvenile derived from records listed in subsection a. or acquired in the course of court proceedings, probation, or police duties, shall, upon conviction thereof, be guilty of a disorderly persons offense.
i. Juvenile delinquency proceedings.
(1) Except as provided in paragraph (2) of this subsection, the court may, upon application by the juvenile or his parent or guardian, the prosecutor or any other interested party, including the victim or complainant or members of the news media, permit public attendance during any court proceeding at a delinquency case, where it determines that a substantial likelihood that specific harm to the juvenile would not result. The court shall have the authority to limit and control attendance in any manner and to the extent it deems appropriate;
(2) The court or, in cases where the county prosecutor has entered an appearance, the county prosecutor shall notify the victim or a member of the victim's immediate family of any court proceeding involving the juvenile and the court shall permit the attendance of the victim or family member at the proceeding except when, prior to completing testimony as a witness, the victim or family member is properly sequestered in accordance with the law or the Rules Governing the Courts of the State of New Jersey or when the juvenile or the juvenile's family member shows, by clear and convincing evidence, that such attendance would result in a substantial likelihood that specific harm to the juvenile would result from the attendance of the victim or a family member at a proceeding or any portion of a proceeding and that such harm substantially outweighs the interest of the victim or family member to attend that portion of the proceeding;
(3) The court shall permit a victim, or a family member of a victim to make a statement prior to ordering a disposition in any delinquency proceeding involving an offense that would constitute a crime if committed by an adult.
j. The Department of Education, in consultation with the Attorney General, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations concerning the creation, maintenance and disclosure of pupil records including information acquired pursuant to this section.
k. Any juvenile who has been arrested or detained but not charged with an act of delinquency may have all complaints, warrants, arrests, processing records, police reports, index cards, fingerprint records, and photographs destroyed pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as section 5 of this bill).
(cf: P.L.2009, c.217, s.2)
4. Section 2 of P.L.1982, c.79 (C.2A:4A-61) is amended to read as follows:
2. Fingerprint records; photographs of juveniles.
a. Fingerprints of a juvenile may be taken only in the following circumstances:
(1) Where latent fingerprints are found during the investigation of an offense and a law enforcement officer has reason to believe that they are those of a juvenile, he may, with the consent of the court or juvenile and his parent or guardian fingerprint the juvenile for the purpose of comparison with the latent fingerprints. Fingerprint records taken pursuant to this paragraph may be retained by the department or agency taking them and shall be destroyed when the purpose for the taking of fingerprints has been fulfilled.
(2) Where a juvenile is detained in or committed to an institution, that institution may fingerprint the juvenile for the purpose of identification. Fingerprint records taken pursuant to this paragraph may be retained by the institution taking them and shall be destroyed when the purpose for taking them has been fulfilled, except that if the juvenile was detained or committed as the result of an adjudication of delinquency, the fingerprint records may be retained by the institution.
(3) Where a juvenile 14 years of age or older is charged with delinquency on the basis of an act which, if committed by an adult, would constitute a crime, fingerprint records taken pursuant to this paragraph may be retained by a law enforcement agency for criminal identification purposes.
b. No juvenile under the age of 14 shall be photographed for criminal identification purposes without the consent of the court or of the juvenile and his parent or guardian.
c. Fingerprints of a juvenile shall be taken if the juvenile is adjudicated delinquent on the basis of an act which, if committed by an adult, would constitute a crime.
d. Fingerprints taken pursuant to subsection c. of this section shall be taken according to the fingerprint system of identification established by the Superintendent of State Police on the forms prescribed and shall be forwarded without delay to the State Bureau of Identification together with such information concerning the juvenile and the adjudication as the superintendent may require. The State Bureau of Identification shall retain records received pursuant to this subsection for the sole purpose of exchange between State or local law enforcement agencies of this State, and law enforcement agencies of another state or the United States.
e. Any juvenile who has been arrested or detained but not charged with an act of delinquency may have all complaints, warrants, arrests, processing records, police reports, index cards, fingerprint records, and photographs destroyed pursuant to section 5 of P.L. c. (C. ) (now pending before the Legislature as section 5 of this bill).
(cf: P.L.1994, c.56, s.2)
5. (New section) a. Any juvenile who has been arrested or detained by a law enforcement agency but not charged with an act of delinquency may have all complaints, warrants, arrests, processing records, police reports, index cards, fingerprint records, and photographs destroyed pursuant to the procedure set forth in this section.
b. The juvenile shall present a duly verified petition as provided in subsection c. of this section to the Superior Court in the county in which the arrest occurred asking that all records and information pertaining thereto be destroyed.
c. Every petition for destruction filed pursuant to this section shall be verified and include:
(1) Petitioner's date of birth;
(2) Petitioner's date of arrest;
(3) The statute or statutes and offense or offenses for which petitioner was arrested, if applicable.
(4) The original summons number or any other pertinent information which may be available, if applicable.
6. (New section) a. The procedure for destruction of records set forth in section 5 of P.L. , c. (C. ) (pending before the Legislature as section 5 of this bill) shall be available to a juvenile who is arrested but not subsequently charged as a juvenile delinquent for any number of those types of arrests.
b. Utilizing the procedure for destruction of records set forth in section 5 of P.L. , c. (C. ) (pending before the Legislature as section 5 of this bill) shall not preclude a juvenile from utilizing the procedure for expungement under the provisions of chapter 52 of Title 2C of the New Jersey Statutes if the juvenile is arrested and subsequently adjudged a juvenile delinquent.
7. This act shall take effect on the 60th day after enactment.
STATEMENT
This bill creates a procedure for juveniles who have been arrested but not charged subsequent to that arrest with juvenile delinquency to have all records of any type related to the arrest destroyed. This newly created procedure parallels as appropriate the current procedure for expungement of records found in chapter 52 of Title 2C of the New Jersey Statutes. Any juvenile who has been arrested or detained by a law enforcement agency but not charged with an act of delinquency may have all complaints, warrants, arrests, processing records, police reports, index cards, fingerprint records and photographs destroyed by presenting a duly verified petition to the Superior Court in the county in which the arrest occurred asking that all records and information pertaining thereto be destroyed. These petitions at a minimum shall be verified and include: (1) petitioner's date of birth; (2) petitioner's date of arrest; (3) the statute or statutes and offense or offenses for which petitioner was arrested; and (4) the original summons number or any other pertinent information which may be available.
The bill amends two existing sections in the expungement statutes: N.J.S.A.2C:52-4.1, concerning juvenile expungement, and N.J.S.A.2C:52-6, concerning arrests not resulting in conviction, to reference this new procedure. The bill makes similar references in the Juvenile Code in N.J.S.A.2A:4A-60 concerning disclosure of juvenile information and N.J.S.A.2A:4A-61 concerning fingerprints and photographs of juveniles.
The procedure for destruction of records shall be available to a juvenile who is arrested but not subsequently charged as a juvenile delinquent for any number of those types of arrests. Utilizing the procedure for destruction of records shall not preclude a juvenile from utilizing the procedure for expungement under the provisions of chapter 52 of Title 2C of the New Jersey Statutes if the juvenile is arrested and subsequently adjudged a juvenile delinquent.
The sponsor's intent is to address an existing gap in the statutory law that fails to address these situations where the juvenile has been arrested but not charged with juvenile delinquency. The current expungement statutes only address the juvenile "adjudged a juvenile delinquent" in subsection a. of N.J.S.A.2C:52-4.1 and a "person charged with an act of delinquency and against whom proceedings were dismissed" as in subsection c. of N.J.S.A.2C:52-4.1. This bill is intended to provide recourse to juveniles who are arrested but subsequently not charged with delinquency who wish to have all references to them removed from the files of law enforcement agencies.
