Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
Senator M. TERESA RUIZ
District 29 (Essex)
Co-Sponsored by:
Senators Pou and Gill
SYNOPSIS
Requires law enforcement provide victim of sexual assault with police report; provides victim with option to review police report and submit corrective form.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the protocols for sexual assault cases and amending P.L.2003, c.137.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2003, c.137 (C.2C:14-2.1) is amended to read as follows:
1. a. Notwithstanding any law, rule, or regulation to the contrary, any victim reporting a violation of N.J.S.2C:14-2 shall be provided with the option to review the police report concerning that violation prior to filing by the law enforcement agency. In addition, the law enforcement agency shall provide the victim with a standardized form prescribed by the Attorney General wherein the victim may state whether the victim disagrees with information contained in the police report. The law enforcement agency shall review the standardized form prior to finalizing and filing the police report. The victim’s decision to not submit a standardized form shall not be construed as indicating the victim’s approval regarding the contents of the police report. The victim shall be provided, at no cost, with a copy of the police report and any form submitted by the victim.
At any time, a victim may exercise the option to submit a standardized form correcting information contained within the police report.
The law enforcement agency shall establish that it has complied with the provisions of this subsection by obtaining a signature from the victim. A violation of this subsection may be reported to the Office of the Attorney General.
The police report and form shall be permanently retained by the law enforcement agency.
b. Whenever there is a prosecution for a violation of [N.J.S.A.2C:14-2] N.J.S.2C:14-2, the victim of the sexual assault shall be provided an opportunity to consult with the prosecuting authority prior to the conclusion of any plea negotiations.
Nothing contained 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.
(cf: P.L.2003, c.137, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill provides that a sexual assault victim is to be given
the
option to review a police report prior to filing by the law enforcement
agency. In addition, the law enforcement agency is required to provide the
victim with a standardized form, prescribed by the Attorney General, wherein
the victim may state whether the victim disagrees with information contained in
the police report. The law enforcement agency is required to review the
standardized form prior to finalizing and filing the police report.
Under the bill, any decision by the victim to not submit a standardized form is not to be construed as indicating the victim’s approval regarding the contents of the police report.
The bill provides that a victim may exercise the option to submit a standardized form correcting information contained within the police report at any time and that the victim is to be provided, at no cost, a copy of the police report and any form submitted by the victim.
The bill requires a law enforcement agency to permanently retain the police report and form.
Finally, the bill provides that the law enforcement agency is to establish that it has complied with the provisions of this bill by obtaining the victim’s signature and that any violation of the bill’s provisions may be reported to the Office of the Attorney General.