Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Clarifies the intent of the Legislature that the attempt or conspiracy to commit certain offenses may constitute acts of domestic violence.
CURRENT VERSION OF TEXT
An Act concerning domestic violence and amending P.L.1991, c.261.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1991, c.261 (C.2C:25-19) is amended to read as follows:
3. As used in this act:
a. "Domestic violence" means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor or the attempt or conspiracy to commit any of the following acts:
(1) Homicide N.J.S.2C:11-1 et seq.
(2) Assault N.J.S.2C:12-1
(3) Terroristic threats N.J.S.2C:12-3
(4) Kidnapping N.J.S.2C:13-1
(5) Criminal restraint N.J.S.2C:13-2
(6) False imprisonment N.J.S.2C:13-3
(7) Sexual assault N.J.S.2C:14-2
(8) Criminal sexual contact N.J.S.2C:14-3
(9) Lewdness N.J.S.2C:14-4
(10) Criminal mischief N.J.S.2C:17-3
(11) Burglary N.J.S.2C:18-2
(12) Criminal trespass N.J.S.2C:18-3
(13) Harassment N.J.S.2C:33-4
(14) Stalking P.L.1992, c.209 (C.2C:12-10)
(15) Criminal coercion N.J.S.2C:13-5
(16) Robbery N.J.S.2C:15-1
(17) Contempt of a domestic violence order pursuant to subsection b. of N.J.S.2C:29-9 that constitutes a crime or disorderly persons offense
(18) Any other crime involving risk of death or serious bodily injury to a person protected under the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.)
When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute "domestic violence," but may be the basis for the filing of a petition or complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30).
b. "Law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which employs law enforcement officers.
c. "Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.
d. "Victim of domestic violence" means a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present household member or was at any time a household member. "Victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
e. "Emancipated minor" means a person who is under 18 years of age but who has been married, has entered military service, has a child or is pregnant or has been previously declared by a court or an administrative agency to be emancipated.
(cf: P.L.2015, c.98, s.2)
2. This act shall take effect immediately.
This bill would amend the definition of “domestic violence” to include the attempt or conspiracy to commit an enumerated act.
N.J.S.A.2C:25-19 defines “domestic violence” as the occurrence of one or more enumerated acts inflicted upon a person under certain circumstances. The enumerated acts are: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order that constitutes a crime or disorderly persons offense, or any other crime involving risk of death or serious bodily injury to a person protected under the domestic violence statutes. However, the definition of “domestic violence” does not specifically include an attempt or conspiracy to commit an enumerated act.
This bill is in response to an Appellate Division decision vacating a domestic violence surcharge assessed against a defendant who had been convicted of attempted murder. Under N.J.S.A.2C:25-29.4, a person convicted of an act of domestic violence is subject to a surcharge of $100 payable to the State for use by the Department of Human Services to fund grants for domestic violence prevention, training and assessment. In State v. Joseph Allen Lee, 411 N.J. Super.349 (App. Div.2010), the court held that the defendant was not subject to the surcharge because attempted murder is not included in the enumerated crimes and offenses. The court noted that penal statutes, including those statutes imposing penalties as part of a sentence, are to be strictly construed, and therefore the Legislature’s decision to not include attempted murder within the list of enumerated acts was dispositive. The court noted that the Legislature can prospectively take action if it desires to do so.
It is the aim of the sponsor to take such action to clarify the Legislature’s intent. This bill would amend the definition of “domestic violence” in N.J.S.A.2C:25-19 to include the attempt or conspiracy to commit any of the enumerated acts that constitute domestic violence.