Bill Text: NJ A1801 | 2024-2025 | Regular Session | Introduced
Bill Title: "Stephanie's Law"; Requires AOC to establish publicly-accessible domestic violence registry; requires law enforcement officer to search State's domestic violence registries when conducting arrest.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Judiciary Committee [A1801 Detail]
Download: New_Jersey-2024-A1801-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
SYNOPSIS
"Stephanie's Law"; Requires AOC to establish publicly-accessible domestic violence registry; requires law enforcement officer to search State's domestic violence registries when conducting arrest.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning domestic violence and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Administrative Office of the Courts, in conjunction with the Attorney General, shall develop and maintain a publicly-accessible domestic violence Internet registry of any person in this State who:
(1) has been convicted of a crime or offense involving domestic violence as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); or
(2) has had a final restraining order issued against them pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.); or
(3) has committed contempt of a temporary or final restraining order entered pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.).
b. The Internet registry established pursuant to this section shall be separate from the domestic violence central registry established pursuant to section 1 of P.L.1999, c.421 (C.2C:25-34).
c. The Internet registry shall contain the following information for any person to be included in the registry:
(1) the person's name and any aliases the person has used or under which the person may be or may have been known;
(2) a brief description of any crime or offense involving domestic violence for which the person was convicted; the date and location of each disposition; and a general description of the person's modus operandi, if applicable;
(3) the person's age, race, gender, date of birth, height, weight, hair, eye color, and any distinguishing scars or tattoos;
(4) a photograph of the person and the date on which the photograph was entered into the registry;
(5) the make, model, color, year, and license plate number of any vehicle operated by the person; and
(6) the person's last known address.
d. A person whose name is erroneously included in the registry established pursuant to this section may petition the Administrative Office of the Courts for removal of the person's name. The Administrative Office of the Courts shall remove the person's name from the registry in response to the petition if the person:
(1) has not had a final domestic violence restraining order entered against the person; or
(2) has not been found guilty of contempt of a temporary or final restraining order entered pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.); or
(3) has not been found guilty of a crime or offense involving domestic violence.
e. Within five days of a change of address, a person whose name is included in the Internet registry shall provide the Administrative Office of the Courts with the new address.
f. On the website through which a person may search the Internet registry, the Administrative Office of the Courts shall include the following information regarding:
(1) the manner in which a person may petition the Administrative Office of the Courts for removal of their name from the registry;
(2) the circumstances under which the Administrative Office of the Courts would grant the petition; and
(3) the manner in which a person may provide an updated address.
2. a. A law enforcement officer conducting an arrest shall determine if any domestic violence restraining order has been entered against the arrested person. The determination shall include a search of the central registry created pursuant to section 1 of P.L.1999, c.421 (C.2C:25-34) and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Attorney General may promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act.
3. This act shall take effect on the first day of the seventh month next following the date of enactment.
STATEMENT
This bill establishes "Stephanie's Law," to require the Administrative Office of the Courts (AOC), in conjunction with the Attorney General, to develop and maintain a publicly-accessible domestic violence Internet registry, and require law enforcement officers to search the State's domestic violence registries upon arresting a person. This registry established under the bill is to be separate from the domestic violence central registry maintained by the AOC pursuant to N.J.S.A.2C:25-34, which is not accessible to the public.
Under the bill, the public is to be able to access the registry to obtain all available information concerning any person who has been convicted of a crime or offense involving domestic violence; has had a final domestic violence restraining order issued against them; or has committed contempt of a temporary or final domestic violence restraining order. The Internet registry is to contain the following information for any person to be included in the registry: (1) the person's name and any aliases the person has used or under which the person may be or may have been known; (2) a brief description of any crime or offense involving domestic violence for which the person was convicted; the date and location of each disposition; and a general description of the person's modus operandi, if applicable; (3) the person's age, race, gender, date of birth, height, weight, hair, eye color, and any distinguishing scars or tattoos; (4) a photograph of the person and the date on which the photograph was entered into the registry; (5) the make, model, color, year, and license plate number of any vehicle operated by the person; (6) and the person's last known address.
A person whose name is erroneously included in the registry established under the bill may petition the AOC for removal of the person's name. The AOC is required to remove the person's name from the registry if the person has not had a final domestic violence restraining order entered against them, has not been found guilty of contempt of a temporary or final domestic violence restraining order, or has not been found guilty of a crime or offense involving domestic violence. Within five days of a change of address, a person whose name is included in the registry is required provide the AOC with the new address.
On the website through which a person may search the registry established under the bill, the AOC is required to include information regarding: the manner in which a person may petition the AOC to remove their name; the circumstances under which the AOC would grant a petition to remove their name; and the manner in which a person may provide an updated address to the AOC.
In addition, the provisions of the bill require a law enforcement officer to determine, upon an arrest, if there is a domestic violence restraining order entered against the person. This determination is to include a search of the central domestic violence registry maintained by the AOC established pursuant to N.J.S.A.2C:25-34, as well as the publicly-accessible central registry established under the bill.
This bill, designated "Stephanie's Law," is named after a domestic violence victim, Stephanie Nicole Parze, who was murdered by her ex-boyfriend. The Stephanie Nicole Parze Foundation was created in her memory to provide support to victims of domestic violence. This bill, which is intended to provide additional protections for victims of domestic violence, is named in her honor.
