A1015

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

a. To be treated with dignity and compassion by the criminal justice system;

b. To be informed about the criminal justice process;

c. To be free from intimidation, harassment or abuse by any person including the defendant or any other person acting in support of or on behalf of the defendant, due to the involvement of the victim or witness in the criminal justice process;

d. To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible;

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

f. To medical assistance reasonably related to the incident in accordance with the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.);

g. To be notified in a timely manner, if practicable, if presence in court is not needed or if any scheduled court proceeding has been adjourned or cancelled;

h. To be informed about available remedies, financial assistance and social services;

i. To be compensated for loss sustained by the victim whenever possible;

j. To be provided a secure, but not necessarily separate, waiting area during court proceedings;

k. To be advised of case progress and final disposition and to confer with the prosecutor's representative so that the victim may be kept adequately informed;

l. To the prompt return of property when no longer needed as evidence;

m. To submit a written statement, within a reasonable amount of time, about the impact of the crime to a representative of the prosecuting agency which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed, whether the prosecutor will consent to a request by the defendant to enter into a pre-trial program, and whether the prosecutor will make or agree to a negotiated plea;

n. To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime. The court, in its discretion, may permit a non-victim to make a statement at sentencing if the court finds the non-victim has been in a close personal relationship with the victim or in the case of homicide, the survivor of the victim.

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;

o. To have the opportunity to consult with the prosecuting authority prior to the conclusion of any plea negotiations, and to have the prosecutor advise the court of the consultation and the victim's position regarding the plea agreement, provided however that nothing 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;

p. To be present at any judicial proceeding involving a crime or any juvenile proceeding involving a criminal offense, except as otherwise provided by Article I, paragraph 22 of the New Jersey Constitution, and including the right to be present and give testimony to the court, if the court so requires, at a hearing to review a request by a sex offender to be relieved of the registration requirements pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2); a hearing to consider the risk of re-offense of a sex offender pursuant to section 3 of P.L.1994, c.128 (C.2C:7-8); and a hearing involving the commitment of a person who was acquitted by reason of insanity pursuant to N.J.S.2C:4-8;

q. To be notified of any release or escape of the defendant; and

r. To appear in any court before which a proceeding implicating the rights of the victim is being held, with standing to file a motion or present argument on a motion filed to enforce any right conferred herein or by Article I, paragraph 22 of the New Jersey Constitution, and to receive an adjudicative decision by the court on any such motion.

(cf: P.L.2012, c.27, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill expands the rights of crime victims to include the right to allow certain non-victims to make an in-person statement at sentencing. The bill also allows victims to provide testimony at certain post adjudication hearings.

Current law confers upon victims of crimes the right to make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime. This bill expands this right to give the court discretion to permit a non-victim to make a statement at sentencing if the court finds the non-victim has been in a close personal relationship with the victim or in the case of homicide, the survivor of the victim. It is the sponsor’s understanding that most courts in this State currently allow non-victims to present victim impact statements. For example, in the death of a child, courts will permit statements from the victim’s school teacher, good friend, athletic coach, or other person who may have had a close relationship with the victim. But some courts have denied statements from these persons claiming they do not fall within the definition of a victim. Under the bill, this practice will be consistent throughout the courts and reinforce the intent behind allowing victim impact statements.

The bill also permits victims of sexual assault and homicide survivors to be present at certain post adjudication hearings. While current law provides that victims have the right to be present at any judicial proceeding involving a crime, it is the sponsor’s understanding that victims are excluded from hearings to determine whether a sex offender is eligible to be relieved of registration requirements after serving 15 years; hearings to determine a sex offender’s risk of reoffense upon release; and what are commonly referred to as Krol hearings, during which it is determined whether a person who has been acquitted by reason of insanity should be civilly committed. Under the bill, victims are able to attend these hearings and courts can accept any evidence that victims may have which is relevant to the court’s determination.