Bill Text: NJ A4885 | 2020-2021 | Regular Session | Amended

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Bill Title: Requires law enforcement provide victim of sexual assault with initial incident report; provides victim with option to review initial incident report and submit corrective form.

Spectrum: Moderate Partisan Bill (Democrat 14-2)

Status: (Introduced - Dead) 2021-03-01 - Substituted by S3071 (1R) [A4885 Detail]

Download: New_Jersey-2020-A4885-Amended.html

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[First Reprint]

ASSEMBLY, No. 4885

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED OCTOBER 26, 2020

 

 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  YVONNE LOPEZ

District 19 (Middlesex)

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Assemblymen Zwicker, Verrelli and Johnson

 

 

 

 

SYNOPSIS

     Requires law enforcement provide victim of sexual assault with initial incident report; provides victim with option to review initial incident report and submit corrective form.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Women and Children Committee on February 23, 2021, with amendments.

  

An Act concerning the protocols for sexual assault cases and amending P.L.2003, c.137. 

 

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

 

     1.    Section 1 of P.L.2003, c.137 (C.2C:14-2.1) is amended to read as follows:

     1.    a.  Notwithstanding any law, rule, or regulation to the contrary, any victim reporting a violation of N.J.S.2C:14-2 shall be provided with the option to review the ¹[police report] initial incident report¹ concerning that violation prior to filing by the law enforcement agency.  In addition, the law enforcement agency shall provide the victim with a standardized form prescribed by the Attorney General wherein the victim may state whether the victim disagrees with information contained in the ¹[police report] initial incident report.  The law enforcement agency shall provide to the victim contact information for a liaison to victims of sexual assault, as set forth in subsection b. of this section, for assistance in completing the standardized form.¹  The law enforcement agency shall review the standardized form prior to finalizing and filing the ¹[police report] initial incident report¹.  The victim's decision to not submit a standardized form shall not be construed as indicating the victim's approval regarding the contents of the ¹[police report] initial incident report.  At the time of the initial report, the law enforcement agency shall inform the victim that the victim is entitled to a copy of the initial incident report once the initial incident report has been finalized or that the victim may waive the right to receive a copy of the initial incident report.  The law enforcement agency shall provide the victim with contact information so that the victim may inquire about the status of the initial incident report, prior to law enforcement agency finalizing the report.  The law enforcement agency shall provide the victim with instructions regarding the precise date, time, and location where the victim may obtain a copy of the finalized initial incident report from the law enforcement agency or provide the victim with the option to receive the initial incident report by mail.¹  The victim shall be provided, at no cost, with a copy of the ¹[police report] initial incident report¹ and any form submitted by the victim. 

     At any time, a victim may exercise the option to submit a standardized form correcting information contained within the ¹[police report] initial incident report, at which time the law enforcement agency also shall provide the victim with a copy of the standardized form submitted by the victim at no cost.  The standardized form correcting information contained within the initial incident report shall not be a governmental record under P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act¹. 

     The law enforcement agency shall establish that it has complied with the provisions of this subsection by obtaining a signature from the victim.  A violation of this subsection may be reported to the Office of the Attorney General. 

     The ¹[police report] initial incident report¹ and form shall be permanently retained by the law enforcement agency. 

     b.    ¹Each county prosecutor's office shall appoint a staff member who will serve as a liaison to victims of sexual assault.  The liaison shall have expertise in the rights of sexual assault victims and in the handling of sexual assault cases.  The liaison shall provide assistance, support, and guidance to victims of sexual assault including, but not limited to, completing the standardized form contesting the information contained in the initial incident report.

     c.¹   Whenever there is a prosecution for a violation of [N.J.S.A.2C:14-2] N.J.S.2C:14-2, the victim of the sexual assault shall be provided an opportunity to consult with the prosecuting authority prior to the conclusion of any plea negotiations.

     Nothing contained 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 appropriate.

     ¹d.   For purposes of this section "initial incident report" shall mean the initial victim statement provided by the victim to the law enforcement agency and shall not include any criminal investigatory records or other information deemed confidential pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).¹

(cf: P.L.2003, c.137, s.1)

 

     2.    This act shall take effect immediately.