New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5322 Compare Versions

Only one version of the bill is available at this time.

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1	1	ASSEMBLY, No. 5322 STATE OF NEW JERSEY 220th LEGISLATURE INTRODUCED MARCH 20, 2023
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3	3	ASSEMBLY, No. 5322
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7	7	STATE OF NEW JERSEY
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9	9	220th LEGISLATURE
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13	13	INTRODUCED MARCH 20, 2023
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17	17	Sponsored by: Assemblywoman LINDA S. CARTER District 22 (Middlesex, Somerset and Union) Assemblywoman SADAF F. JAFFER District 16 (Hunterdon, Mercer, Middlesex and Somerset) SYNOPSIS Requires law enforcement officer to conduct danger assessment of domestic violence victims and provide assistance to high-risk victims. CURRENT VERSION OF TEXT As introduced.
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21	21	Sponsored by:
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23	23	Assemblywoman LINDA S. CARTER
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25	25	District 22 (Middlesex, Somerset and Union)
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27	27	Assemblywoman SADAF F. JAFFER
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29	29	District 16 (Hunterdon, Mercer, Middlesex and Somerset)
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39	39	SYNOPSIS
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41	41	Requires law enforcement officer to conduct danger assessment of domestic violence victims and provide assistance to high-risk victims.
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45	45	CURRENT VERSION OF TEXT
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47	47	As introduced.
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51	51	An Act concerning victims of domestic violence and amending and supplementing P.L.1991, c.261. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. (New section) a. In accordance with the provisions of this section, a law enforcement officer shall conduct a domestic violence danger assessment of any person who the officer has reasonable cause to believe is a victim of a crime or offense involving domestic violence as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19) to determine if the potential victim is in immediate need of services provided by a domestic crisis team or other services available to victims of domestic violence. b. The domestic violence danger assessment shall be conducted with the consent of the alleged victim using an objective, standardized, and evidence-based domestic violence danger assessment instrument approved by the Attorney General in consultation with the Domestic Violence Fatality and Near Fatality Review Board, established pursuant to P.L.2003, c.225
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53	53	An Act concerning victims of domestic violence and amending and supplementing P.L.1991, c.261.
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57	57	Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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61	61	1. (New section) a. In accordance with the provisions of this section, a law enforcement officer shall conduct a domestic violence danger assessment of any person who the officer has reasonable cause to believe is a victim of a crime or offense involving domestic violence as defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19) to determine if the potential victim is in immediate need of services provided by a domestic crisis team or other services available to victims of domestic violence.
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63	63	b. The domestic violence danger assessment shall be conducted with the consent of the alleged victim using an objective, standardized, and evidence-based domestic violence danger assessment instrument approved by the Attorney General in consultation with the Domestic Violence Fatality and Near Fatality Review Board, established pursuant to P.L.2003, c.225
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65	65	(C.52:27D-43.17a et seq.). The danger assessment instrument shall generate a score or rating that indicates an elevated risk that an alleged victim of domestic violence will suffer serious bodily injury or death as a result of a future act of domestic violence. c. The approved domestic violence danger assessment instrument shall be based on information deemed relevant by the Attorney General which shall include, but not be limited to: (1) the date of all recent acts of domestic violence using a calendar provided by the officer to the victim to identify or approximate the date of all recent acts; and (2) for each recent act of domestic violence: (a) a description of each act including the type of physical violence used, if any; (b) whether any injuries were sustained by the alleged victim; and (c) whether the act involved the use of, or threat to use a firearm or other weapon. d. If the danger assessment generates a score or rating that indicates an elevated risk of serious bodily injury or death to an alleged victim, the law enforcement officer shall: (1) notify the alleged victim that the score generated by the assessment indicates the victim is at an elevated risk of serious bodily injury or death; and (2) with the consent of the alleged victim, in accordance with rules promulgated by the Attorney General, facilitate the provision of immediate assistance to the alleged victim through a domestic crisis team or other services available to victims of domestic violence. e. The Attorney General, in consultation with the Domestic Violence Fatality and Near Fatality Review Board, shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill). 2. Section 4 of P.L.1991, c.261 (C.2C:25-20) is amended to read as follows: 4. a. (1) (a) The Division of Criminal Justice shall develop and approve a training course and curriculum on the handling, investigation, and response procedures concerning reports of domestic violence and abuse and neglect of the elderly and disabled. [This] (b) In accordance with the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the training course and curriculum also shall include law enforcement officer training on: (i) conducting a domestic violence danger assessment of an alleged victim of domestic violence; and (ii) providing notice to an alleged victim if a danger assessment generates a score that indicates an elevated risk of serious bodily injury or death due to a future act of domestic violence; and, with the consent of the alleged victim, facilitating the immediate provision of services to the victim through a domestic crisis team or other services available to victims of domestic violence. (c) The training course and curriculum shall be reviewed at least every two years and modified by the Division of Criminal Justice from time to time as need may require. The Division of Criminal Justice shall distribute the curriculum to all local police agencies. (2) The Attorney General shall be responsible for ensuring training as follows: (a) all law enforcement officers shall attend initial training within 90 days of appointment or transfer and annual in-service training of at least four hours as described in this section. Once every three years, this in-service training requirement shall be satisfied through in-person instructor-led training. (b) all assistant county prosecutors involved in the handling of domestic violence cases shall attend initial training within 90 days of appointment or transfer and annual in-service training of at least four hours as described in this section. b. (1) The Administrative Director of the Courts shall develop and approve a training course and a curriculum for all municipal court judges, Superior Court judges responsible for the
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67	67	(C.52:27D-43.17a et seq.). The danger assessment instrument shall generate a score or rating that indicates an elevated risk that an alleged victim of domestic violence will suffer serious bodily injury or death as a result of a future act of domestic violence.
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69	69	c. The approved domestic violence danger assessment instrument shall be based on information deemed relevant by the Attorney General which shall include, but not be limited to:
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71	71	(1) the date of all recent acts of domestic violence using a calendar provided by the officer to the victim to identify or approximate the date of all recent acts; and
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73	73	(2) for each recent act of domestic violence:
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75	75	(a) a description of each act including the type of physical violence used, if any;
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77	77	(b) whether any injuries were sustained by the alleged victim; and
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79	79	(c) whether the act involved the use of, or threat to use a firearm or other weapon.
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81	81	d. If the danger assessment generates a score or rating that indicates an elevated risk of serious bodily injury or death to an alleged victim, the law enforcement officer shall:
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83	83	(1) notify the alleged victim that the score generated by the assessment indicates the victim is at an elevated risk of serious bodily injury or death; and
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85	85	(2) with the consent of the alleged victim, in accordance with rules promulgated by the Attorney General, facilitate the provision of immediate assistance to the alleged victim through a domestic crisis team or other services available to victims of domestic violence.
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87	87	e. The Attorney General, in consultation with the Domestic Violence Fatality and Near Fatality Review Board, shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
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91	91	2. Section 4 of P.L.1991, c.261 (C.2C:25-20) is amended to read as follows:
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93	93	4. a. (1) (a) The Division of Criminal Justice shall develop and approve a training course and curriculum on the handling, investigation, and response procedures concerning reports of domestic violence and abuse and neglect of the elderly and disabled. [This]
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95	95	(b) In accordance with the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the training course and curriculum also shall include law enforcement officer training on:
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97	97	(i) conducting a domestic violence danger assessment of an alleged victim of domestic violence; and
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99	99	(ii) providing notice to an alleged victim if a danger assessment generates a score that indicates an elevated risk of serious bodily injury or death due to a future act of domestic violence; and, with the consent of the alleged victim, facilitating the immediate provision of services to the victim through a domestic crisis team or other services available to victims of domestic violence.
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101	101	(c) The training course and curriculum shall be reviewed at least every two years and modified by the Division of Criminal Justice from time to time as need may require. The Division of Criminal Justice shall distribute the curriculum to all local police agencies.
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103	103	(2) The Attorney General shall be responsible for ensuring training as follows:
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105	105	(a) all law enforcement officers shall attend initial training within 90 days of appointment or transfer and annual in-service training of at least four hours as described in this section. Once every three years, this in-service training requirement shall be satisfied through in-person instructor-led training.
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107	107	(b) all assistant county prosecutors involved in the handling of domestic violence cases shall attend initial training within 90 days of appointment or transfer and annual in-service training of at least four hours as described in this section.
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109	109	b. (1) The Administrative Director of the Courts shall develop and approve a training course and a curriculum for all municipal court judges, Superior Court judges responsible for the
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111	111	adjudication of domestic violence matters, and judicial personnel involved with the intake and processing of domestic violence complaints. All judges and judicial personnel identified in this section shall participate in core training regarding issues such as the dynamics of domestic violence, the impact of domestic violence on children, trauma-informed danger assessments, batterer intervention programs, and domestic violence risk factors and lethality. In addition, municipal court judges shall receive specific training related to the issuance of temporary restraining orders in emergent situations. Superior Court judges responsible for the adjudication of domestic violence matters shall receive supplemental training related to the issuance and enforcement of temporary and final restraining orders, including factors considered when determining if a final restraining order should be issued, child custody and parenting plans, the setting of child support, distribution of property and ongoing housing expenses, and counseling. The core curriculum and individualized training programs shall be reviewed at least every two years and modified by the Administrative Director of the Courts from time to time as need may require. (2) The Administrative Director of the Courts shall be responsible for ensuring that all municipal court judges, Superior Court judges responsible for the adjudication of domestic violence matters, and judicial personnel involved with the intake and processing of domestic violence complaints attend initial training within 90 days of appointment or transfer and annual in-service training as described in this section. (3) The Attorney General and the Administrative Director of the Courts shall provide that all training on the handling of domestic violence matters required under this subsection shall include information concerning the impact of domestic violence on society, and include topics regarding the dynamics of domestic violence, the impact of domestic violence on children, the impact of trauma on survivors, risks for lethality in domestic violence cases, safety planning and services for survivors of domestic violence, the impact of racial bias and discrimination on survivors and marginalized communities, the statutory and case law concerning domestic violence, the necessary elements of a protection order, the guidelines regarding when domestic violence incidents trigger mandatory or discretionary arrest, policies and procedures as promulgated or ordered by the Attorney General or the Supreme Court, and the use of available community resources, support services, available sanctions and treatment options. c. Law enforcement agencies shall: (1) establish domestic crisis teams or participate in established domestic crisis teams, and (2) shall train individual officers in methods of dealing with domestic violence and neglect and abuse of the elderly and disabled. The teams may include social workers, clergy or other persons trained in counseling, crisis intervention or in the treatment of domestic violence and neglect and abuse of the elderly and disabled victims. (cf: P.L.2021, c.377, s.1) 3. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Attorney General may take any anticipatory action necessary in advance thereof to effectuate the purposes of this act. STATEMENT This bill requires law enforcement officers to conduct a danger assessment of victims of domestic violence and provide assistance to victims deemed to be at a higher risk of harm. Specifically, the bill requires a law enforcement officer to conduct a danger assessment of any person who the officer has reasonable cause to believe is a victim of domestic violence in order to determine if the potential victim is in immediate need of services. The danger assessment is to be conducted with the consent of the alleged victim using an objective, standardized, and evidence-based domestic violence danger assessment instrument approved by the Attorney General, in consultation with the Domestic Violence Fatality and Near Fatality Review Board. The danger assessment instrument is required to generate a score or rating that indicates an elevated risk that an alleged victim of domestic violence will suffer serious bodily injury or death as a result of a future act of domestic violence. The approved instrument is to be based on information deemed relevant by the Attorney General which is to include, but not be limited to: the date of all recent acts of domestic violence using a calendar provided by the officer to the victim to identify or approximate the date of all recent acts; and for each recent act of domestic violence: o a description of each act including the type of physical violence used, if any; o whether any injuries were sustained by the alleged victim; and o whether the act involved the use of, or threat to use a firearm or other weapon. If the danger assessment generates a score or rating that indicates an elevated risk of serious bodily injury or death to an alleged victim, the law enforcement officer is required to: notify the victim that the score generated indicates there is an elevated risk; and, with the consent of the alleged victim, facilitate the provisions of immediate assistance through a domestic crisis team or other services available to victims of domestic violence. The bill also requires the Attorney General to incorporate the current domestic violence curriculum for law enforcement officer training on how to conduct the danger assessment and notifying and facilitating access to services to alleged victims who are deemed to be at an elevated risk of harm.
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113	113	adjudication of domestic violence matters, and judicial personnel involved with the intake and processing of domestic violence complaints. All judges and judicial personnel identified in this section shall participate in core training regarding issues such as the dynamics of domestic violence, the impact of domestic violence on children, trauma-informed danger assessments, batterer intervention programs, and domestic violence risk factors and lethality. In addition, municipal court judges shall receive specific training related to the issuance of temporary restraining orders in emergent situations. Superior Court judges responsible for the adjudication of domestic violence matters shall receive supplemental training related to the issuance and enforcement of temporary and final restraining orders, including factors considered when determining if a final restraining order should be issued, child custody and parenting plans, the setting of child support, distribution of property and ongoing housing expenses, and counseling. The core curriculum and individualized training programs shall be reviewed at least every two years and modified by the Administrative Director of the Courts from time to time as need may require.
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115	115	(2) The Administrative Director of the Courts shall be responsible for ensuring that all municipal court judges, Superior Court judges responsible for the adjudication of domestic violence matters, and judicial personnel involved with the intake and processing of domestic violence complaints attend initial training within 90 days of appointment or transfer and annual in-service training as described in this section.
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117	117	(3) The Attorney General and the Administrative Director of the Courts shall provide that all training on the handling of domestic violence matters required under this subsection shall include information concerning the impact of domestic violence on society, and include topics regarding the dynamics of domestic violence, the impact of domestic violence on children, the impact of trauma on survivors, risks for lethality in domestic violence cases, safety planning and services for survivors of domestic violence, the impact of racial bias and discrimination on survivors and marginalized communities, the statutory and case law concerning domestic violence, the necessary elements of a protection order, the guidelines regarding when domestic violence incidents trigger mandatory or discretionary arrest, policies and procedures as promulgated or ordered by the Attorney General or the Supreme Court, and the use of available community resources, support services, available sanctions and treatment options.
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119	119	c. Law enforcement agencies shall: (1) establish domestic crisis teams or participate in established domestic crisis teams, and (2) shall train individual officers in methods of dealing with domestic violence and neglect and abuse of the elderly and disabled. The teams may include social workers, clergy or other persons trained in counseling, crisis intervention or in the treatment of domestic violence and neglect and abuse of the elderly and disabled victims.
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121	121	(cf: P.L.2021, c.377, s.1)
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125	125	3. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Attorney General may take any anticipatory action necessary in advance thereof to effectuate the purposes of this act.
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131	131	STATEMENT
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135	135	This bill requires law enforcement officers to conduct a danger assessment of victims of domestic violence and provide assistance to victims deemed to be at a higher risk of harm.
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137	137	Specifically, the bill requires a law enforcement officer to conduct a danger assessment of any person who the officer has reasonable cause to believe is a victim of domestic violence in order to determine if the potential victim is in immediate need of services. The danger assessment is to be conducted with the consent of the alleged victim using an objective, standardized, and evidence-based domestic violence danger assessment instrument approved by the Attorney General, in consultation with the Domestic Violence Fatality and Near Fatality Review Board.
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139	139	The danger assessment instrument is required to generate a score or rating that indicates an elevated risk that an alleged victim of domestic violence will suffer serious bodily injury or death as a result of a future act of domestic violence. The approved instrument is to be based on information deemed relevant by the Attorney General which is to include, but not be limited to:
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141	141	the date of all recent acts of domestic violence using a calendar provided by the officer to the victim to identify or approximate the date of all recent acts; and
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143	143	for each recent act of domestic violence:
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145	145	o a description of each act including the type of physical violence used, if any;
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147	147	o whether any injuries were sustained by the alleged victim; and
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149	149	o whether the act involved the use of, or threat to use a firearm or other weapon.
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151	151	If the danger assessment generates a score or rating that indicates an elevated risk of serious bodily injury or death to an alleged victim, the law enforcement officer is required to: notify the victim that the score generated indicates there is an elevated risk; and, with the consent of the alleged victim, facilitate the provisions of immediate assistance through a domestic crisis team or other services available to victims of domestic violence.
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153	153	The bill also requires the Attorney General to incorporate the current domestic violence curriculum for law enforcement officer training on how to conduct the danger assessment and notifying and facilitating access to services to alleged victims who are deemed to be at an elevated risk of harm.