Bill Text: NJ A3145 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits human trafficking victims to testify by closed circuit television under certain circumstances.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2016-02-22 - Introduced, Referred to Assembly Judiciary Committee [A3145 Detail]
Download: New_Jersey-2016-A3145-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Permits human trafficking victims to testify by closed circuit television under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning human trafficking victims and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. In prosecutions for a crime involving human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or P.L.2013, c.51 (C.52:17B-237 et al.), the court may, on motion and after conducting a hearing in camera, order the taking of the testimony of a victim on closed circuit television at the trial, out of the view of the jury, defendant, or spectators upon making findings as provided in subsection b. of this section.
b. An order under this section may be made only if the court determines by clear and convincing evidence that there is a substantial likelihood that the victim of human trafficking would suffer severe emotional or mental distress if required to testify in open court. The order shall be specific as to whether the victim will testify outside the presence of spectators, the defendant, the jury, or all of them and shall be based on specific findings relating to the impact of the presence of each.
c. A motion seeking closed circuit testimony under subsection a. of this section may be filed by:
(1) the victim or the victim's attorney, parent, or legal guardian;
(2) the prosecutor;
(3) the defendant or the defendant's counsel; or
(4) the trial judge on the judge's own motion.
d. The defendant's attorney shall be present at the taking of testimony on closed circuit television. If the defendant is not present, the defendant and the defendant's attorney shall be able to confer privately with each other during the testimony by a separate audio system.
e. If testimony is taken on closed circuit television pursuant to the provisions of this section, a stenographic recording of that testimony shall also be required. A transcript of that testimony shall be included in the record on appeal. The closed circuit testimony itself shall not constitute part of the record on appeal except on motion for good cause shown.
2. This act shall take effect immediately.
STATEMENT
This bill would permit victims of human trafficking to testify in criminal proceeding via closed circuit television.
Under the bill, the court may, following an in camera hearing, order the taking of the victim's testimony out of the presence of the jury, defendant, or spectators. Closed circuit testimony would be allowed if the court determined by clear and convincing evidence that there was a substantial likelihood that the victim would suffer severe emotional or mental distress if required to testify in open court. The order would be specific as to whether the victim would testify outside the presence of spectators, the defendant, the jury, or all of them and would be based on specific findings relating to the impact of the presence of each.
The motion to proceed using closed circuit testimony could be filed by: (1) the victim or the victim's attorney, parent, or legal guardian; (2) the prosecutor; (3) the defendant or the defendant's attorney; or (4) the trial judge on the judge's own motion.
The defendant's attorney would be present at the taking of testimony via closed circuit television. If the defendant was not present, the defendant and the defendant's attorney would be able to confer privately with each other during the testimony by a separate audio system.
The bill would also require a stenographic recording of the closed circuit testimony. A transcript of that testimony would be included in the record on appeal. However, the closed circuit testimony itself would not constitute part of that record except on motion for good cause shown.
