Bill Text: NJ A3219 | 2012-2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Permits certain witnesses under the age of 16 and victims of any age to testify by closed circuit television in prosecutions for crimes or offenses involving domestic violence.*

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Engrossed - Dead) 2013-02-04 - Received in the Senate, Referred to Senate Judiciary Committee [A3219 Detail]

Download: New_Jersey-2012-A3219-Amended.html

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[First Reprint]

ASSEMBLY, No. 3219

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED JULY 30, 2012

 

 

Sponsored by:

Assemblywoman  CELESTE M. RILEY

District 3 (Cumberland, Gloucester and Salem)

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblyman  ANGEL FUENTES

District 5 (Camden and Gloucester)

 

Co-Sponsored by:

Assemblymen Benson, Wimberly, Johnson and Assemblywoman McHose

 

 

 

 

SYNOPSIS

     Permits certain witnesses under the age of 16 and victims of any age to testify by closed circuit television in prosecutions for crimes or offenses involving domestic violence.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Appropriations Committee on December 13, 2012, with amendments.

  

An Act concerning ¹closed circuit testimony in certain¹ domestic violence ¹[witnesses] cases¹ and supplementing chapter 84A of Title 2A of the New Jersey Statutes.

 

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

 

     1.    Prosecutions or actions for domestic violence; closed circuit testimony by ¹certain¹ vulnerable ¹[witness] witnesses and victims¹.

     a.     In prosecutions for a crime or offense involving domestic violence, the court may, on motion and after conducting a hearing in camera, order the taking of the testimony of a witness ¹who is under the age of 16 or the testimony of a victim of any age¹ 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 witness ¹under the age of 16 or the victim¹ would suffer severe emotional or mental distress if required to testify in open court.  The order shall be specific as to whether the witness ¹under the age of 16 or the victim¹ 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 witness ¹under the age of 16¹ or the victim's or witness'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 counsel shall be present at the taking of testimony in camera.  If the defendant is not present, he and his 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 act, 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.