(Sponsorship Updated As Of: 5/2/2022)
ASSEMBLY, No. 678
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblywoman VERLINA REYNOLDS -JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Co-Sponsored by:
Assemblywoman Haider
SYNOPSIS
Authorizes funding to protect safety of cooperating witnesses; expands
Crime Victim’s Bill of Rights to provide these witnesses with certain
guarantees.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee with technical review.
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
AN ACT concerning the rights of certain witnesses to crime and 1
amending P.L.2016, c.97; P.L.1985, c.249; and P.L.1991, c.329. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. Section 1 of P.L.2016, c.97 (C.52:4B-12.1) is amended to 7
read as follows: 8
1. a. Notwithstanding the provisions of section 10 of P.L.1971, 9
c.317 (C.52:4B-10) or the provisions of section 12 of P.L.1971, 10
c.317 (C.52:4B-12), the Victims of Crime Compensation Office 11
may, upon application, order the payment of: 12
(1) relocation expenses for a witness and the family of the 13
witness; and 14
(2) expenses related to protecting the safety of a cooperating 15
witness. 16
b. As used in this section[, "witness"]: 17
(1) “cooperating witness” means a witness who testifies for the 18
government to help prosecute a crime, and includes a confidential 19
informant; and 20
(2) “witness” means a person who witnessed the commission of 21
any of the offenses listed under section 11 of P.L.1971, c.317 22
(C.52:4B-11) and who has been threatened as a result. 23
(cf: P.L.2016, c.97, s.1) 24
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2. Section 3 of P.L.1985, c.249 (C.52:4B-36) is amended to 26
read as follows: 27
3. The Legislature finds and declares that crime victims and 28
witnesses are entitled to the following rights: 29
a. To be treated with dignity and compassion by the criminal 30
justice system; 31
b. To be informed about the criminal justice process; 32
c. To be free from intimidation, harassment or abuse by any 33
person including the defendant or any other person acting in support 34
of or on behalf of the defendant, due to the involvement of the 35
victim or witness in the criminal justice process; 36
d. To have inconveniences associated with participation in the 37
criminal justice process minimized to the fullest extent possible; 38
e. To make at least one telephone call provided the call is 39
reasonable in both length and location called; 40
f. To medical assistance reasonably related to the incident in 41
accordance with the provisions of the "Criminal Injuries 42
Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.); 43
g. To be notified in a timely manner, if practicable, if presence 44
in court is not needed or if any scheduled court proceeding has been 45
adjourned or cancelled; 46
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h. To be informed about available remedies, financial 1
assistance and social services; 2
i. To be compensated for loss sustained by the victim 3
whenever possible; 4
j. To be provided a secure, but not necessarily separate, 5
waiting area during court proceedings; 6
k. To be advised of case progress and final disposition and to 7
confer with the prosecutor's representative so that the victim may be 8
kept adequately informed; 9
l. To the prompt return of property when no longer needed as 10
evidence; 11
m. To submit a written statement, within a reasonable amount 12
of time, about the impact of the crime to a representative of the 13
prosecuting agency which shall be considered prior to the 14
prosecutor's final decision concerning whether formal criminal 15
charges will be filed, whether the prosecutor will consent to a 16
request by the defendant to enter into a pre-trial program, and 17
whether the prosecutor will make or agree to a negotiated plea; 18
n. To make, prior to sentencing, an in-person statement directly 19
to the sentencing court concerning the impact of the crime. 20
This statement is to be made in addition to the statement 21
permitted for inclusion in the presentence report by N.J.S.2C:44-6; 22
o. To have the opportunity to consult with the prosecuting 23
authority prior to the conclusion of any plea negotiations, and to 24
have the prosecutor advise the court of the consultation and the 25
victim's position regarding the plea agreement, provided however 26
that nothing herein shall be construed to alter or limit the authority 27
or discretion of the prosecutor to enter into any plea agreement 28
which the prosecutor deems appropriate; 29
p. To be present at any judicial proceeding involving a crime or 30
any juvenile proceeding involving a criminal offense, except as 31
otherwise provided by Article I, paragraph 22 of the New Jersey 32
Constitution; 33
q. To be notified of any release or escape of the defendant; 34
[and] 35
r. To appear in any court before which a proceeding 36
implicating the rights of the victim is being held, with standing to 37
file a motion or present argument on a motion filed to enforce any 38
right conferred herein or by Article I, paragraph 22 of the New 39
Jersey Constitution, and to receive an adjudicative decision by the 40
court on any such motion; and 41
s. In the case of a cooperating witness, to be provided assistance 42
before and during trial to cope with the psychological and practical 43
obstacles of testifying; to receive protective measures before, 44
during, and after a hearing or trial; and to have established court 45
procedures ensuring safety while testifying. 46
(cf: P.L.2012, c.27, s.1) 47
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3. Section 20 of P.L.1991, c.329 (C.52:4B-43.1) is amended to 1
read as follows: 2
20. a. The Victim and Witness Advocacy Fund, established in 3
the State Treasury by section 2 of P.L.1979, c.396 (C.2C:43-3.1), 4
administered by the Department of Law and Public Safety through 5
the Division of Criminal Justice, pursuant to rules and regulations 6
promulgated by the Director of the Division of Criminal Justice, to 7
support the development and provision of services to victims and 8
witnesses of crimes and for related administrative costs, is hereby 9
continued. 10
b. The division is authorized to continue disbursing moneys 11
deposited in the Victim and Witness Advocacy Fund to fund the 12
operation of the State Office of Victim and Witness Advocacy, to 13
fund the 21 county offices of Victim and Witness Advocacy, and to 14
provide funding to other public entities as deemed appropriate for 15
the implementation of the Attorney General Standards to Ensure the 16
Rights of Crime Victims. 17
c. In addition, the division, pursuant to rules and regulations to 18
be promulgated by the director to ensure that funds are given to 19
qualified entities that will provide services consistent with [this 20
act] P.L.1991, c.329 (C.2C:46-4.1 et al.), shall award grants to 21
qualified public entities and not-for-profit organizations that 22
provide direct services to victims and witnesses, including but not 23
limited to such services as: 24
(1) shelter, food and clothing; 25
(2) medical and legal advocacy services; 26
(3) 24-hour crisis response services and 24-hour hotlines; 27
(4) information and referral and community education; 28
(5) psychiatric treatment programs; 29
(6) expanded services for victims' families and significant 30
others; 31
(7) short and long term counseling and support groups; 32
(8) emergency locksmith and carpentry services; 33
(9) financial services; [and] 34
(10) medical testing ordered by a court pursuant to section 4 of 35
P.L.1993, c.364 (C.2C:43-2.2); and 36
(11) services to ensure the safety of cooperating witnesses and 37
their families. 38
d. Organizations eligible to apply for grants under subsection c. 39
of this section include, but are not limited to: 40
(1) member programs of the New Jersey Coalition for Battered 41
Women, including but not limited to: 42
(a) Atlantic County Women's Center; 43
(b) Shelter Our Sisters, (Bergen County); 44
(c) Providence House/ Willingboro Shelter, (Burlington 45
County); 46
(d) YWCA/SOLACE, (Camden County); 47
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(e) Family Violence Project and The Safe House, (Essex 1
County); 2
(f) People Against Spouse Abuse, (Gloucester County); 3
(g) Battered Women's Program, (Hudson County); 4
(h) Women's Crisis Services, (Hunterdon County); 5
(i) Womanspace, Inc., (Mercer County); 6
(j) Women Aware, Inc., (Middlesex County); 7
(k) Women's Resource and Survival Center, (Monmouth 8
County); 9
(l) Jersey Battered Women's Services, Inc., (Morris County); 10
(m) Passaic County Women's Center, (Passaic County); 11
(n) Salem County Women's Services, (Salem County); 12
(o) Resource Center for Women and Their Families, (Somerset 13
County); 14
(p) Domestic Abuse Services, Inc., (Sussex County); 15
(q) Project Protect, (Union County); 16
(r) Domestic Abuse and Rape Crisis Center, Inc., (Warren 17
County); and 18
(s) Ocean County Women's Center; and 19
(2) rape care services and programs, including, but not limited 20
to: 21
(a) Atlantic County Women's Center, (Atlantic County); 22
(b) Bergen County Rape Crisis Center, (Bergen County); 23
(c) Women Against Rape, (Burlington County); 24
(d) Women Against Rape, (Camden County); 25
(e) Coalition against Rape and Abuse, (Cape May County); 26
(f) Cumberland County Guidance Center; 27
(g) North Essex Helpline and Sexual Assault Support Service, 28
(Essex County); 29
(h) Gloucester County Rape Assault Prevention Program; 30
(i) Christ Hospital Mental Health Center, serving Hudson 31
County; 32
(j) Women's Crisis Services, (Hunterdon County); 33
(k) Rape Crisis Program Mercer County YWCA, (Mercer 34
County); 35
(l) Rape Crisis Intervention Center Roosevelt Hospital, 36
(Middlesex County); 37
(m) Women's Resource Center, (Monmouth County); 38
(n) Parenting Center, Morristown Hospital, (Morris County); 39
(o) Ocean County Advisory Commission on the Status of 40
Women, (Ocean County); 41
(p) Passaic County Women's Center, (Passaic County); 42
(q) Salem County Rape Crisis Service, (Salem County); 43
(r) Rape Crisis Service of Somerset and Richard Hall Mental 44
Health Center Somerset County Coalition for the prevention and 45
Treatment of Sexual Abuse; 46
(s) Project Against Sexual Assault Abuse, (Sussex County); 47
(t) Union County Rape Crisis Center; 48
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(u) Domestic Abuse and Rape Crisis Center, (Warren County); 1
and 2
(v) Alternatives to Domestic Violence of Hackensack, N.J. 3
(Bergen County). 4
e. The [Director] director shall report annually to the 5
Governor and the Legislature pursuant to section 2 of P.L.1991, 6
c.164 (C.52:14-19.1) concerning the administration of the Victim 7
and Witness Advocacy Fund and the administration and award of 8
grants authorized by this section. 9
(cf: P.L.1993, c.364, s.2) 10
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4. This act shall take effect on the first day of the fourth month 12
next following enactment. 13