SENATE, No. 3073

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED OCTOBER 22, 2020

Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

Senator  KRISTIN M. CORRADO

District 40 (Bergen, Essex, Morris and Passaic)

Co-Sponsored by:

Senators Pou and Gill

SYNOPSIS

     Establishes right of victims to be notified of county prosecutor’s charging decision in sexual assault cases.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning certain rights of sexual assault victims 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.  Every victim of sexual assault shall have the right to be notified of the prosecuting authority’s decision to file, or decline to file, criminal charges pursuant to N.J.S.2C:14-2. 

b.   A prosecuting authority investigating an allegation of  sexual assault shall: 

(1)   advise the victim of the right to be notified of the prosecuting authority’s decision to file, or decline to file, criminal charges in the case;

(2)   obtain the victim’s written consent to be, or not to be, notified of the prosecuting authority’s charging decision;

(3)   if the victim requests to be notified, provide that notification via the victim’s preferred method including, but not limited to:

(a)   an in-person meeting;

(b)   telephone call or text message; or

(c)   video conference.

c.    The prosecuting authority shall obtain written acknowledgement of the charging decision from a victim who has requested notification pursuant to paragraph (3) of subsection b. of this section prior to notifying the alleged perpetrator of the sexual assault of the charging decision. 

d.   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 establishes the right of sexual assault victims to be notified of the county prosecutor’s decision on whether to file charges in the case.  

     The bill also requires county prosecutors to notify sexual assault victims of this right and obtain the consent of the victim to be notified or not to be notified.  If the victim requests to be notified, the county prosecutor is to provide the notification via an in-person meeting, telephone call or text message, or video conference, whichever is the victim’s preferred method. 

     The bill further requires the county prosecutor to obtain the victim’s written acknowledgement that the victim was notified of the charging decision prior to notifying the alleged perpetrator of the sexual assault of the decision.