ASSEMBLY, No. 577

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman  JOSEPH CRYAN

District 20 (Union)

 

Co-Sponsored by:

Assemblywoman Casagrande

 

 

 

 

SYNOPSIS

     Creates e-mail registration requirement for convicted stalkers.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning convicted stalkers and supplementing Title 2C of the New Jersey Statutes.

 

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

 

     1.    a. An individual who has been convicted of stalking pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10) and has had a permanent restraining order entered against him pursuant to P.L.1996, c.39 (C.2C:12-10.1) shall provide the appropriate law enforcement agency with his e-mail address or username, along with any appropriate user password.  Upon a change of e-mail address, username or user password, a person shall notify the appropriate law enforcement agency no less than 10 days prior to when the person intends to send or receive e-mail from the new e-mail address or username.  A person is guilty of a crime of the fourth degree if that person fails to register as required by this paragraph, provides false information, or maintains more than one e-mail address or username without registering it with the appropriate law enforcement agency.  Upon a finding of guilt under this paragraph, the presumption of nonimprisonment set forth in subsection e. of 2C:44-1 for persons who have not previously been convicted of an offense shall not apply.

     b.    As used in this act:

     “Username” means a string of alphanumeric characters chosen uniquely to identify an individual who uses a computer or other device with Internet capability to communicate with other individuals through the exchange of e-mail messages or by participating in interactive online forums.

     “User password” means a string of alphanumeric characters that enables an individual who uses a computer or other device with Internet capability to gain access to e-mail messages and interactive online forums.

     c.     A person required to register under this section may make application to the Superior Court of this State to terminate the obligation upon proof that the person has not committed an offense within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would create an e-mail registration requirement for certain convicted stalkers.  Currently, N.J.S.A.2C:12-10.1 provides that when a person is convicted of stalking, that conviction operates as an application for a permanent restraining order limiting the contact of the defendant and the victim who was stalked.  This bill would require a person who has had a permanent restraining order issued against him under these circumstances to provide the appropriate law enforcement agency with his e-mail address or username, along with any appropriate user password.  Additionally, the person would be required to notify the appropriate law enforcement agency no less than 10 days before he intends to send or receive e-mail using a new e-mail address or username.

     Under the provisions of the bill, a person who fails to register his e-mail address, provides false information, or maintains more than one e-mail address or username without registering it with the appropriate law enforcement agency would be guilty of a crime of the fourth degree.  A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

     The bill provides that a person who is required to register may apply to the Superior Court to terminate the obligation upon proof that the person has not committed an offense within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later.