Bill Text: NJ S338 | 2018-2019 | Regular Session | Introduced
Bill Title: Adds new civil penalties and increases surcharges imposed on domestic violence offenders; establishes "Domestic Violence Victims' Legal Assistance Fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced in the Senate, Referred to Senate Judiciary Committee [S338 Detail]
Download: New_Jersey-2018-S338-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Senator NILSA CRUZ-PEREZ
District 5 (Camden and Gloucester)
SYNOPSIS
Adds new civil penalties and increases surcharges imposed on domestic violence offenders; establishes "Domestic Violence Victims' Legal Assistance Fund.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning domestic violence penalties, amending various sections of the statutory law and supplementing Title 30 of the Revised Statutes.
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] two separate civil [penalty of] penalties, as follows:
(1) A penalty of at least $50, but not to exceed $500; and
(2) A penalty of $1,500, payable at $500 per year for three years.
In imposing [this] these civil [penalty] penalties, 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 set forth in paragraph (1) of subsection a. of this section in full on the date of the hearing, or the ability to make the first payment of the civil penalty set forth in paragraph (2) of subsection a. of this section in full of the date of the hearing or to make the subsequent two payments on the dates they are due, the court may order the payment of the penalties 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 penalties, suspend the penalties, or modify the installment plan;
(2) order the person to perform community service in lieu of payment of the penalties;
(3) impose any other alternative permitted by law in lieu of payment of the penalties; or
(4) waive the penalties 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 pursuant to paragraph (1) of subsection a. of section 1 of P.L.2001, c.195 (C.2C:25-29.1) shall be forwarded to the Domestic Violence Victims' Fund established pursuant to section 3 of P.L.2001, c.195 (C.30:14-15).
b. All moneys collected pursuant to paragraph (2) of subsection a. of section 1 of P.L.2001, c.195 (C.2C:25-29.1) shall be deposited annually in the "Domestic Violence Victims' Legal Assistance Fund" established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill). All monies deposited in the "Domestic Violence Victims' Legal Assistance Fund" shall be appropriated to organizations that provide for direct legal services to victims of domestic violence, including but not limited to medical and legal advocacy services, information, and referral.
(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] Children and Families to fund grants for domestic violence prevention, training, and assessment.
b. An amount equal to the revenue derived from the increase in the surcharge collected pursuant to this section, as amended by P.L. , c. (C. ) (pending before the Legislature as this bill) shall be deposited annually in the "Domestic Violence Victims' Legal Assistance Fund" established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill). All monies deposited in the "Domestic Violence Victims' Legal Assistance Fund" shall be appropriated to organizations that provide for direct legal services to victims of domestic violence, including but not limited to medical and legal advocacy services, information, and referral.
(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 $1,000 for a second or subsequent offense. All monetary penalties imposed pursuant to this section shall be collected and forwarded to the "Domestic Violence Victims' Legal Assistance Fund" established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill). All monies deposited in the "Domestic Violence Victims' Legal Assistance Fund" shall be appropriated to organizations that provide for direct legal services to victims of domestic violence, including but not limited to medical and legal advocacy services, information, and referral.
(cf: P.L.1994, c.94, s.6)
5. (New section) There is hereby established the "Domestic Violence Victims' Legal Assistance Fund," a dedicated fund within the General Fund and administered by the Division of Child Protection and Permanency in the Department of Children and Families. The fund shall be the depository of moneys realized from:
a. the civil penalty imposed pursuant to paragraph (2) of subsection a. of section 1 of P.L.2001, c.195 (C.2C:25-29.1);
b. the increase in the surcharge imposed pursuant to subsection a. of section 50 of P.L.2002, c.34 (C.2C:25-29.4), as amended by P.L. , c. (C. ) (pending before the Legislature as this bill); and
c. the penalty imposed pursuant to subsection b. of section 14 of P.L.1991, c.261 (C.2C:25-30).
The fund shall also be the depository of any other moneys made available for the purposes of the fund.
All monies deposited in the "Domestic Violence Victims' Legal Assistance Fund" shall be appropriated to organizations that provide for direct legal services to victims of domestic violence, including but not limited to, medical and legal advocacy services, information and referral, and community education.
6. Section 3 of P.L.2001, c.195 (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 Child Protection and Permanency in the Department of Children and Families. The fund shall be the depository of moneys realized from the civil penalty imposed pursuant to paragraph (1) of subsection a. of 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 Child Protection and Permanency.
(cf: P.L.2012, c.16, s.128)
7. This act shall take effect immediately.
STATEMENT
This bill would impose new civil penalties on domestic violence offenders and increase the surcharges imposed on these offenders under current law. The additional revenue would be appropriated to organizations that provide for direct legal services to domestic violence victims.
Final Hearing: New Civil Penalty. Currently, N.J.S.A.2C:25-29.1 provides that a person found by the court in a final hearing to have committed an act of domestic violence must pay a civil penalty of $50 to $500. The monies are forwarded to the "Domestic Violence Victims' Fund," established by N.J.S.A.30:14-15, which uses the monies for services to domestic violence victims. This bill adds an additional civil penalty of $1,500, payable at $500 per year for three years. The monies from the new penalty would be deposited into a new fund created by the bill, the "Domestic Violence Victims' Legal Assistance Fund."
Inability to Pay. Under the bill, if the court finds that the person does not have the ability to pay the penalty for the "Domestic Violence Victims' Fund" in full on the date of the hearing or, in the case of the new penalty for the "Domestic Violence Victims' Legal Assistance Fund," the ability to make the first payment in full on the date of the hearing and the ability to make the two subsequent payments on the dates they are due, the court may order the payment of the penalties 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 penalties in cases of extreme hardship.
Criminal Conviction: Increased Surcharge. The bill also increases the current surcharge imposed on persons convicted of a crime or offense involving domestic violence. Under N.J.S.A.2C:25-29.4, a person convicted of an act of domestic violence is subject to a surcharge in the amount of $100 payable to the State Treasurer for use by the Department of Human Services to fund grants for domestic violence prevention, training, legal assistance services and assessment. This amount would be increased to $500 under the bill. The monies realized by the increase in the surcharge would be deposited into the new "Domestic Violence Victims' Legal Assistance Fund."
Technical Correction. The bill also makes a technical correction to N.J.S.A.2C:25-29.4 concerning the reference to the department, changing it to the Department of Children and Families to reflect the current structure.
Violation of Restraining Order: New Civil Penalty. In addition, the bill amends N.J.S.A.2C:25-30 to create a new civil penalty for persons convicted of violating a domestic violence restraining order. The bill would impose a civil penalty of $500 for the first violation and $1,000 for a second or subsequent violation. This civil penalty would also be deposited into the new fund established by the bill.
New Fund. The "Domestic Violence Victims' Legal Assistance Fund" established by the bill would be a dedicated fund within the General Fund and administered by the Division of Child Protection and Permanency in the Department of Children and Families. All monies deposited in the new fund would be appropriated to organizations that provide for direct legal services to victims of domestic violence, including but not limited to medical and legal advocacy services, information and referral, and community education. The fund would be the depository of moneys realized from the increases in the surcharge and the new civil penalties imposed by the bill, and would also be the depository of any other moneys made available for the purposes of the fund.
