Bill Text: NJ A2558 | 2010-2011 | Regular Session | Amended

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Bill Title: Enhances crime victims' rights under the "Crime Victim's Bill of Rights."

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-12-15 - Assembly Floor Amendment Passed (DeCroce) [A2558 Detail]

Download: New_Jersey-2010-A2558-Amended.html

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[First Reprint]

ASSEMBLY, No. 2558

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 16, 2010

 

 

Sponsored by:

Assemblywoman  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Assemblyman  ALEX DECROCE

District 26 (Morris and Passaic)

Assemblywoman  CELESTE M. RILEY

District 3 (Salem, Cumberland and Gloucester)

Assemblyman  NELSON T. ALBANO

District 1 (Cape May, Atlantic and Cumberland)

Assemblyman  ROBERT SCHROEDER

District 39 (Bergen)

 

Co-Sponsored by:

Assemblywoman McHose and Assemblyman Chiusano

 

 

 

 

SYNOPSIS

     Enhances crime victims' rights under the "Crime Victim's Bill of Rights."

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on December 15, 2011.

  

An Act concerning crime victims' rights and amending ¹and supplementing¹  P.L.1985, c.249.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 3 of P.L.1985, c.249 (C.52:4B-36) is amended to read as follows:

     3.    The Legislature finds and declares that crime victims and witnesses are entitled to the following rights:

     a.     To be treated with dignity and compassion by the criminal justice system;

     b.    To be informed about the criminal justice process;

     c.     To be free from intimidation, harassment or abuse by                 ¹[anyone involved in the criminal justice process]  any person,¹  including the defendant ¹[and anyone] or any other person¹  acting in support of or on behalf of the defendant ¹, due to the involvement of the victim or witness in the criminal justice process¹ ;

     d.    To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible;

     e.     To make at least one telephone call provided the call is reasonable in both length and location called;

     f.     To medical assistance [if, in the judgment of the law enforcement agency, medical assistance appears necessary] reasonably related to the incident;

     g.     To be notified in a timely manner, if practicable, if presence in court is not needed or if any scheduled court proceeding has been adjourned or cancelled;

     h.     To be informed about available remedies, financial assistance and social services;

     i.      To be compensated for [their] loss sustained by the victim whenever possible;

     j.     To be provided a secure, but not necessarily separate, waiting area during court proceedings;

     k.    To be advised of case progress and final disposition and to confer with the prosecutor's representative ¹[on such occasions in order to keep] so that¹  the victim ¹may be kept¹  adequately informed  ¹of the status of the case¹ ;

     l.      To the prompt return of property when no longer needed as evidence;

     m.    To submit a written statement about the impact of the crime to a representative of the [county prosecutor's office] prosecuting agency which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed ¹[or whether the prosecutor shall accept a negotiated plea or request by the defendant to enter into a pretrial intervention program]  , whether the prosecutor will consent to a request by the defendant to enter into a pretrial program, and whether the prosecutor will make or agree to a negotiated plea¹  ;

     n.     To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime.

     This statement is to be made in addition to the statement permitted for inclusion in the presentence report by N.J.S.2C:44-6 ¹[ .

     In any homicide prosecution a victim's survivor shall be permitted to wear a button containing a picture of the victim during any judicial proceeding involving the accused, provided that the court determines that the wearing of such button by one or several individuals will not rise to such a level as to deprive the defendant of his Sixth Amendment right to a fair trial. The button shall not exceed four inches in diameter. If the victim's survivor seeks to wear the button at trial, he shall give notice to the prosecution of such intent which shall be provided to the defendant and to the court no less than 30 days prior to the final trial date.  In any homicide prosecution the victim's survivor may display directly to the sentencing court at the time of this statement a photograph of the victim taken before the homicide including, but not limited to, a still photograph, a computer generated presentation or video presentation of the victim. The time, length and content of such presentation shall be within the sound discretion of the sentencing judge]¹ ;   [and]

     o.    ¹[No crime victim shall be required to pay the maintenance, support, rehabilitation or other costs arising from the imprisonment or commitment of a victimizer as a result of the crime] To have the opportunity to consult with the prosecuting authority prior to the conclusion of any plea negotiations, and to have the prosecutor advise the court of the consultation and the victim's position regarding the plea agreement, provided however that nothing herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate¹ ;

     p.    ¹[A crime victim shall have the right to] To¹  be present at any judicial proceeding involving a crime or any juvenile proceeding involving a criminal offense ¹[and to], except as otherwise provided by Article I, paragraph 22 of the New Jersey Constitution;

     q. To¹  be notified of any release or escape of the ¹[accused and the right to an adjudicative decision by the court on any of the rights conferred herein when a motion has been filed to enforce such right pursuant to Article I, paragraph 22 of the New Jersey Constitution; and

     q.    The victim shall have standing to enforce these rights in any court before which any proceeding implicating the victim's right  or rights is being held] defendant; and

     r.  To appear in any court before which a proceeding implicating the rights of the victim is being held, with standing to file a motion or present argument on a motion filed to enforce any right conferred herein or by Article I, paragraph 22 of the New Jersey Constitution, and to receive an adjudicative decision by the court on any such motion¹  .

(cf: P.L.2001, c.208, s.2)

 

     ¹2. (New section) Pursuant to Article I, paragraph 22 of the New Jersey Constitution, in any homicide prosecution:

     a. A victim's survivor may, at the time of making the in-person statement to the sentencing court authorized by subsection n. of section 3 of P.L.1985, c.249 (C.52:4B-36), display directly to the sentencing court a photograph of the victim taken before the homicide including, but not limited to, a still photograph, a computer-generated presentation, or a video presentation of the victim. The time, length, and content of such presentation shall be within the sound discretion of the sentencing judge; and

     b.  A victim's survivor may, during any judicial proceeding involving the defendant, wear a button not exceeding four inches in diameter that contains a picture of the victim, if the court determines that the wearing of such button will not deprive the defendant of his right to a fair trial under the Sixth Amendment of the United States Constitution and Article I of the New Jersey Constitution. Other spectators at such judicial proceedings may also wear similar buttons if the court so determines.  If the victim's survivor seeks to wear the button at trial, the victim's survivor shall give notice to the defendant and to the court no less than 30 days prior to the final trial date.¹

 

     ¹3.   (New section)  Pursuant to Article I, paragraph 22 of the New Jersey Constitution, no crime victim shall be required to pay the maintenance, support, rehabilitation, or other costs arising from the imprisonment or commitment of a victimizer as a result of the crime.¹

 

     ¹[2.] 4.¹     This act shall take effect on the 60th day following enactment.