Bill Text: NJ S114 | 2014-2015 | Regular Session | Introduced

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Bill Title: Clarifies that crime victims' rights must be recognized by all courts in the State.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-14 - Introduced in the Senate, Referred to Senate Judiciary Committee [S114 Detail]

Download: New_Jersey-2014-S114-Introduced.html

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SENATE, No. 114

STATE OF NEW JERSEY

216th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 

 

Sponsored by:

Senator  ANTHONY R. BUCCO

District 25 (Morris and Somerset)

 

 

 

 

SYNOPSIS

     Clarifies that crime victims' rights must be recognized by all courts in the State.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

An Act concerning the rights of crime victims and amending P.L.1985, c.249.

 

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

 

     1.    Section 3 of P.L.1985, c.249 (C.52:4B-36) is amended to read as follows:

     3.    a.  The Legislature finds and declares that crime victims and witnesses are entitled to the following rights:

     [a.]  (1)  To be treated with dignity and compassion by the criminal justice system;

     [b.]  (2)  To be informed about the criminal justice process;

     [c.]  (3)  To be free from intimidation;

     [d.]  (4)  To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible;

     [e.]  (5)  To make at least one telephone call provided the call is reasonable in both length and location called;

     [f.]  (6)  To medical assistance [if, in the judgment of the law enforcement agency, medical assistance appears necessary];

     [g.]  (7)  To be notified if presence in court is not needed;

     [h.]  (8)  To be informed about available remedies, financial assistance and social services;

     [i.]  (9)  To be compensated for their loss whenever possible;

     [j.]  (10)  To be provided a secure, but not necessarily separate, waiting area during court proceedings;

     [k.]  (11)  To be advised of case progress and final disposition;

     [l.]  (12)  To the prompt return of property when no longer needed as evidence;

     [m.]  (13)  To submit a written statement about the impact of the crime to a representative of the county prosecutor's office which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed;

     [n.]  (14)  To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime.

     This statement is to be made in addition to the statement permitted for inclusion in the presentence report by N.J.S.2C:44-6.

     In any homicide prosecution the victim's survivor may display directly to the sentencing court at the time of this statement a photograph of the victim taken before the homicide; and

     [o.]  (15)  No crime victim shall be required to pay the maintenance, support, rehabilitation or other costs arising from the
imprisonment or commitment of a victimizer as a result of the crime.

     b.    The rights conferred to victims pursuant to this act and pursuant to Article I, paragraph 22 of the New Jersey Constitution shall apply to proceedings in all courts in this State, including the Superior Court and every municipal court.

(cf:  P.L.2001, c.208, s.2)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would clarify that both the statute setting out the Crime Victim's Bill of Rights and the Victim's Rights Amendment to the New Jersey Constitution must apply to all courts in the State.

     Under the provisions of the Crime Victim's Bill of Rights, N.J.S.A.52:4B-34 et seq., crime victims are entitled to many rights. These include the right to be treated with dignity and compassion by the criminal justice system, the right to be advised of case progress and final disposition, and the right to make an in-person statement directly to the sentencing court.  In addition, the Victim's Rights Amendment to the New Jersey Constitution, enacted by the voters in 1991 as paragraph 22 of Article I, makes crime victims' rights a constitutional mandate and specifically provides that victims "shall be entitled to those rights and remedies as may be provided by the Legislature."

     According to the sponsor, in some cases crime victims' rights have not been fully recognized in family court matters involving juvenile offenders and in municipal court matters involving quasi-criminal offenses and motor vehicle offenses.  This bill would clarify that victims' rights must be recognized by all courts in the State, including family court and municipal court.

     In addition, the bill clarifies language in the Crime Victim's Bill of Rights concerning victims' rights to medical assistance.