[Second Reprint]

ASSEMBLY, No. 3841

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED OCTOBER 23, 2014

 


 

Sponsored by:

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblyman  REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblywoman  MARY PAT ANGELINI

District 11 (Monmouth)

Assemblywoman  BETTYLOU DECROCE

District 26 (Essex, Morris and Passaic)

Senator  KEVIN J. O'TOOLE

District 40 (Bergen, Essex, Morris and Passaic)

Senator  LORETTA WEINBERG

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Upgrades violation of a stalking restraining order to a crime of the third degree.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on December 18, 2014.

  


An Act concerning stalking and amending                                                       2[P.L.1992, c.209 and supplementing Title 2C of the New Jersey Statutes] N.J.S.2C:29-92.

 

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

    

     2[1. Section 1 of P.L.1992, c.209 (C.2C:12-10) is amended to read as follows:

     1.    a.  As used in this act:

     (1)   "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.

     (2)   "Repeatedly" means on two or more occasions.

     (3)   "Emotional distress" means significant mental suffering or distress.

     (4)   "Cause a reasonable person to fear" means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.

     b.    A person is guilty of stalking, a crime of the fourth degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress.

     c.    A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.

     d.    A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree. In addition, the court may order electronic monitoring of the defendant pursuant to P.L.    , c.    (C.         ) (pending before the Legislature as this bill).

     e.    A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States.

     f.     This act shall not apply to conduct which occurs during organized group picketing.

(cf: P.L.2009, c.28, s. 1).]2

 

     2[2. (New section)  a.  The 1[Director of the Administrative Office of the Courts] Attorney General1, in consultation with the 1[Attorney General] Director of the Administrative Office of the Courts1, shall establish a program for the continuous, satellite-based monitoring of defendants convicted of a second or subsequent offense of stalking against the same victim pursuant to subsection d. of section 1 of P.L.1992, c.209 (C.2C:12-10).  The system shall provide for the capability of 1[active and passive monitoring, or a combination of both] transmitting proximity alerts1.

     b.    The monitoring system, at a minimum, shall provide:

     (1)   Time-correlated or continuous tracking of the geographic location of the monitored subject using a global positioning system based on satellite and other location technology; and

     (2)   An automated monitoring system that can be used to permit law enforcement agencies to compare the geographic positions of monitored subjects with reported crime incidents and whether the subject was in the proximity of such reported crime incidents.

     c.    The 1[Administrative Office of the Courts] Attorney General1 shall develop procedures to determine, investigate, and report on a 24-hour-per-day basis a monitored subject’s noncompliance with the terms and conditions of the monitoring program. All reports of noncompliance shall be investigated immediately by a parole or law enforcement officer.

     d.    The 1[director may] Attorney General shall1 promulgate guidelines to effectuate the provisions of P.L.    , c.     (C.         ) (pending before the Legislature as this bill).]2

 

     2[13.  Section 4 of P.L.2007, c.128 (C.30:4-123.92) is amended to read as follows:

     4.  a.  The chairman, in consultation with the Attorney General, shall establish a program for the continuous, satellite-based monitoring of sex offenders in this State. The system for monitoring sex offenders shall provide for the capability of active and passive monitoring, or a combination of both. In addition, the chairman shall administer the program established pursuant to P.L.    ,              c.    (C.        ) (pending before the Legislature as this bill) which monitors defendants convicted of a second or subsequent offense of stalking against the same victim and provides for the capability of transmitting proximity alerts.

     b.    The monitoring [system] systems, at a minimum, shall provide:

     (1)   Time-correlated or continuous tracking of the geographic location of the monitored subject using a global positioning system based on satellite and other location technology; and

     (2) An automated monitoring system that can be used to permit law enforcement agencies to compare the geographic positions of monitored subjects with reported crime incidents and whether the subject was in the proximity of such reported crime incidents.

     c.    The State Parole Board shall develop procedures to determine, investigate, and report on a 24 hours per day basis a monitored subject's noncompliance with the terms and conditions of the program. All reports of noncompliance shall be investigated immediately by a parole or law enforcement officer.

     d.    The chairman may promulgate guidelines to effectuate the provisions of this act.1

(cf: P.L.2007, c.128, s.4)]2

 

     2[1[3.] 4.1  (New section)  Notwithstanding any provision of law, rule or regulation to the contrary, the Director of the Administrative Office of the Courts, the Attorney General, the Superintendent of State Police and county and municipal law enforcement agencies shall share criminal incident information with each other and the vendor selected by the director to provide the monitoring equipment for the program. The director may direct the vendor to use data obtained pursuant to P.L.    ,  c.     (C.         ) (pending before the Legislature as this bill) in preparing correlation reports for distribution and use by State, county and municipal law enforcement agencies.]2

 

     2[1[4.] 5.1  (New section)  A defendant ordered by the court to placed on electronic monitoring pursuant to P.L.    ,  c.     (C.         ) (pending before the Legislature as this bill) shall be assessed the cost of the monitoring device.]2 

 

     2[1[5.] 6.1  (New section)  Any person who tampers with, removes or vandalizes a device worn or utilized by a monitored subject pursuant to P.L.    ,  c.     (C.         ) (pending before the Legislature as this bill) is guilty of a crime of the third degree.]2

 

     21. N.J.S.2C:29-9 is amended to read as follows:

     2C:29-9. Contempt. a. A person is guilty of a crime of the fourth degree if he purposely or knowingly disobeys a judicial order or protective order, pursuant to section 1 of P.L.1985, c.250 (C.2C:28-5.1), or hinders, obstructs or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing or controversy by a court, administrative body or investigative entity.

     b. (1) Except as provided [below] in paragraph (2) of this subsection,  a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this subsection.

     (2) In all other cases a person is guilty of a disorderly persons offense if that person purposely or knowingly violates an order entered under the provisions of [this act] the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this subsection.

     c. A person is guilty of a crime of the third degree if that person purposely or knowingly violates any provision in an order entered under the provisions of section 3 of P.L.1996, c.39 (C.2C:12-10.1) or section 2 of P.L.1999, c.47 (C.2C:12-10.2) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense         .

     As used in this [subsection] section, "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.  The term includes an Indian tribe or band, or Alaskan native village, which is recognized by a federal law or formally acknowledged by a state.2

(cf: P.L. 2008, c.81, s.3)

 

     1[6.] 2[7.1  ] 2.2 This act shall take effect immediately and shall apply to persons convicted of 2[a second or subsequent] an2 offense committed on or after the effective date.