Bill Text: NJ A1267 | 2016-2017 | Regular Session | Introduced
Bill Title: Directs the removal of certain records from domestic violence central registry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Judiciary Committee [A1267 Detail]
Download: New_Jersey-2016-A1267-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblywoman MARLENE CARIDE
District 36 (Bergen and Passaic)
SYNOPSIS
Directs the removal of certain records from domestic violence central registry.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning domestic violence restraining orders and amending P.L.1999, c.421.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1999, c.421 (C.2C:25-34) is amended to read as follows:
1. The Administrative Office of the Courts shall establish and maintain a central registry of all persons who have had domestic violence restraining orders entered against them, all persons who have been charged with a crime or offense involving domestic violence, and all persons who have been charged with a violation of a court order involving domestic violence. All records made pursuant to this section shall be kept confidential and shall be released only to:
a. A public agency authorized to investigate a report of domestic violence;
b. A police or other law enforcement agency investigating a report of domestic violence, or conducting a background investigation involving a person's application for a firearm permit or employment as a police or law enforcement officer or for any other purpose authorized by law or the Supreme Court of the State of New Jersey;
c. A court, upon its finding that access to such records may be necessary for determination of an issue before the court;
d. A surrogate, in that person's official capacity as deputy clerk of the Superior Court, in order to prepare documents that may be necessary for a court to determine an issue in an adoption proceeding; or
e. The Division of Child Protection and Permanency in the Department of Children and Families when the division is conducting a background investigation involving:
(1) an allegation of child abuse or neglect, to include any adult member of the same household as the individual who is the subject of the abuse or neglect allegation; or
(2) an out-of-home placement for a child being placed by the Division of Child Protection and Permanency, to include any adult member of the prospective placement household.
Any individual, agency, surrogate, or court which receives from the Administrative Office of the Courts the records referred to in this section shall keep the records and reports, or parts thereof, confidential and shall not disseminate or disclose such records and reports, or parts thereof; provided that nothing in this section shall prohibit a receiving individual, agency, surrogate or court from disclosing records and reports, or parts thereof, in a manner consistent with and in furtherance of the purpose for which the records and reports or parts thereof were received.
Any individual who disseminates or discloses a record or report, or parts thereof, of the central registry, for a purpose other than investigating a report of domestic violence, conducting a background investigation involving a person's application for a firearm permit or employment as a police or law enforcement officer, making a determination of an issue before the court, conducting a background investigation as specified in subsection e. of this section, or for any other purpose other than that which is authorized by law or the Supreme Court of the State of New Jersey, shall be guilty of a crime of the fourth degree.
f. An order resulting in the dissolution of a final domestic violence restraining order entered pursuant to subsection d. of section 13 of P.L.1991, c.261 C.2C:25-29) shall result in the removal of the record of the person against whom the domestic violence restraining order was entered.
(cf:P.L.2012, c.16, s.9)
2. This act shall take effect immediately.
STATEMENT
Currently, the Administrative Office of the Courts maintains a domestic violence central registry of all persons who have had domestic violence restraining orders entered against them, all persons who have been charged with a crime or offense involving domestic violence, and all persons who have been charged with a violation of a court order involving domestic violence.
Under the bill, when a final domestic violence restraining order is dissolved, the Administrative Office of the Courts would be required to remove from the central registry the record of the person against whom the domestic violence restraining order was originally entered. Left unchanged in the registry are records concerning persons charged with a crime or offense involving domestic violence and persons who have been charged with a violation of a court order involving domestic violence.
