ASSEMBLY, No. 1649

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblywoman  YVONNE LOPEZ

District 19 (Middlesex)

Assemblyman  CRAIG J. COUGHLIN

District 19 (Middlesex)

Assemblyman  RALPH R. CAPUTO

District 28 (Essex)

 

Co-Sponsored by:

Assemblywoman Downey, Assemblyman DePhillips, Assemblywomen Timberlake and DiMaso

 

 

 

 

SYNOPSIS

     Prohibits posting or publishing on Internet home address or telephone number of certain judges and prosecutors.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly State and Local Government Committee with technical review.

  


An Act prohibiting disclosure of certain information regarding certain judges and prosecutors and amending P.L.2015, c.226. 

 

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

 

     1.    Section 1 of P.L.2015, c.226 (C.2C:20-31.1) is amended to read as follows: 

     1.    A person shall not knowingly, with purpose to expose another to harassment or risk of harm to life or property, or in reckless disregard of the probability of such exposure, post or publish on the Internet the home address or unpublished home telephone number of any active or retired law enforcement officer, [law enforcement officer] judge of any court of law of this State, or State, county, or municipal prosecutor, or the spouse or child [of a law enforcement officer] thereof.  A reckless violation of this section is a crime of the fourth degree.  A purposeful violation of this section is a crime of the third degree.

(cf: P.L.2015, c.226, s.1)

 

     2.    Section 2 of P.L.2015, c.226 (C.47:1-17) is amended to read as follows: 

     2.    A State or local governmental agency shall not knowingly post or publish on the Internet the home address or unpublished home telephone number of any active or retired law enforcement officer [or law enforcement officer] , judge of any court of law of this State, or State, county, or municipal prosecutor without first obtaining the written permission of that [law enforcement officer or retired law enforcement officer] individual.

(cf: P.L.2015, c.226, s.2)

 

     3.    Section 3 of P.L.2015, c.226 (C.56:8-166.1) is amended to read as follows: 

     3.    a.  A person, business, or association shall not disclose on the Internet the home address or unpublished home telephone number of [a law enforcement officer or] an active or retired law enforcement officer, judge of any court of law of this State, or State, county, or municipal prosecutor under circumstances in which a reasonable person would believe that providing that information would expose another to harassment or risk of harm to life or property.

     b.    A person, business, or association that violates subsection a. of this section shall be liable to the [law enforcement officer,] active or retired law enforcement officer, judge of any court of law of this State, or State, county, or municipal prosecutor, or any other person residing at the home address of the [law enforcement officer] active or retired law enforcement officer, judge of any court of law of this State, or State, county, or municipal prosecutor, who may bring a civil action in the Superior Court.

     c.     The court may award:

     (1)   actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation of this act;

     (2)   punitive damages upon proof of willful or reckless disregard of the law;

     (3)   reasonable attorney's fees and other litigation costs reasonably incurred; and

     (4)   any other preliminary and equitable relief as the court determines to be appropriate.

     d.    For the purposes of this section, "disclose" shall mean to solicit, sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.

(cf: P.L.2015, c.226, s.3)

 

     4.    This act shall take effect immediately.