Bill Text: NJ A4927 | 2018-2019 | Regular Session | Introduced
Bill Title: Establishes sexual assault victim's right to appeal prosecutor decision not to file criminal charges; directs sexual assault unit in DLPS to review appeals.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-01-24 - Introduced, Referred to Assembly Law and Public Safety Committee [A4927 Detail]
Download: New_Jersey-2018-A4927-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Establishes sexual assault victim's right to appeal prosecutor decision not to file criminal charges; directs sexual assault unit in DLPS to review appeals.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning prosecution of sexual assault cases and amending P.L.2003, c.137 and P.L.2001, c.81.
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. Whenever a prosecuting authority decides against filing criminal charges after investigating a sexual assault complaint, the victim of the sexual assault shall have the right to appeal that decision to the sexual assault unit established pursuant to section 8 of P.L.2001, c.81 (C.52:4B-56).
b. Whenever there is a prosecution for a violation of [N.J.S.A.] N.J.S. A.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.
(cf: P.L.2003, c.137, s.1)
2. Section 8 of P.L.2001, c.81 (C.52:4B-56) is amended to read as follows:
8. The Attorney General shall establish a sexual assault unit within the Department of Law and Public Safety which shall include a sexual assault investigator and a certified forensic sexual assault nurse examiner.
The unit shall oversee the operation of the county sexual assault nurse examiner programs, and provide assistance to counties in the investigation and prosecution of sexual assaults. The unit shall review all complaints received regarding a county's investigation and prosecution of a sexual assault, as well as any appeal of a decision by a county prosecutor not to file criminal charges pursuant to subsection a. of section 1 of P.L.2003, c.137 (C.2C:14-2.1), and shall provide recommendations to the Attorney General regarding the county's investigation and prosecution of the case.
The unit also shall provide training to law enforcement officials and county prosecutors, on an ongoing basis, in the investigation and prosecution of sexual assault.
(cf: P.L.2001, c.81, s.8)
3. This act shall take
effect immediately.
STATEMENT
This bill gives victims of sexual assault the right to appeal a county prosecutor's decision not to file charges in their case to the sexual assault unit in the Department of Law and Public Safety.
Current law requires a sexual assault unit to be established within the Department of Law and Public Safety. The sexual assault unit is to include a sexual assault investigator and a certified forensic sexual assault nurse examiner. In addition to overseeing the county sexual assault nurse examiner programs, the sexual assault unit is required to provide assistance to counties in the investigation and prosecution of sexual assaults. The unit also is required to review all complaints received regarding a county's investigation and prosecution of a sexual assault and provide recommendations to the Attorney General regarding the county's investigation and prosecution of the case.
This bill specifically gives victims of sexual assault the right to appeal to the sexual assault unit a county prosecutor's decision not to prosecute their case. Under the bill, the sexual assault unit would review the prosecutor's decision and provide recommendations to the Attorney General concerning that decision.
