Bill Text: NJ A3383 | 2012-2013 | Regular Session | Introduced
Bill Title: Permits human trafficking victims to testify by closed circuit television under certain circumstances.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2012-10-15 - Introduced, Referred to Assembly Judiciary Committee [A3383 Detail]
Download: New_Jersey-2012-A3383-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 witnesses 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. Prosecutions or actions for human trafficking; closed circuit testimony by witness.
a. In prosecutions for the crime of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8), the court may, on motion and after conducting a hearing in camera, order the taking of the testimony of a witness 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 is a victim of human trafficking and would suffer severe emotional or mental distress if required to testify in open court. The order shall be specific as to whether the witness 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 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 P.L. , c. (C. ) (pending before the Legislature as this bill), 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 against their abuser by closed circuit television.
Under the bill, the court may, following a hearing, order the taking of the testimony out of the presence of the jury, defendant, or spectators. Closed circuit testimony would be allowed if the court determines by clear and convincing evidence that that there is a substantial likelihood that the witness is a victim of human trafficking and would suffer severe emotional or mental distress if required to testify in open court. The order would be specific as to whether the witness 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.
This motion may be filed by: (1) the victim or witness 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.
The defendant's counsel would be present at the taking of testimony in camera. If the defendant is not present, he and his attorney would be able to confer privately with each other during the testimony by a separate audio system. The bill also requires that a stenographic recording of that testimony be made. A transcript of that testimony shall be included in the record on appeal.
