SENATE, No. 3074

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED OCTOBER 22, 2020

 


 

Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Senators Pou and Gill

 

 

 

 

SYNOPSIS

     Requires AG audit sexual assault cases and issue annual report. 

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning auditing of sexual assault cases and supplementing P.L.1985, c.404. 

 

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

 

     1.    a.  The Attorney General, in consultation with the county prosecutors, regularly shall audit cases of sexual assault and criminal sexual contact in this State.  Information to be audited shall include, but not be limited to, the number of sexual assault and criminal sexual contact cases:

     (1)   reported to law enforcement agencies and including a brief summary of the facts of each case as specified in the police report;

     (2)   in which reports or complaints were filed by victims;

     (3)   referred to the county prosecutor;

     (4)   declined to be prosecuted by the county prosecutor and the reason for declining;

     (5)   resulting in indictments or other charges;

     (6)   downgraded from the New Jersey Superior Court to municipal court;

     (7)   resulting in a plea-agreement and the specific disposition of the case; and

     (8)   presented for trial and the specific disposition of the case.

     b.    The Attorney General shall include in the report any other relevant information concerning statutory obligations to respond to and investigate sexual assault or criminal sexual contact cases. 

     c.     The Attorney General annually shall prepare a report summarizing the information resulting from the audit required pursuant to subsection a. of this section.  The annual report shall not contain any personal or identifying information about any victim.  The Attorney General shall submit the annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.  The annual report also shall be posted on the official website of the Department of Law and Public Safety.

 

     2.    This act shall take effect on the first day of the fourth month next following enactment. 

 

 

STATEMENT

 

     This bill requires the Attorney General to audit the number and nature of sexual assault and criminal sexual contact cases in this State and issue an annual report summarizing the audit information. 

     The bill specifically requires the Attorney General to consult with the county prosecutors to regularly audit cases of sexual assault and criminal sexual contact.  The audit is to include the number of overall sexual assault and criminal sexual contact cases that are reported to law enforcement agencies with the facts of each case briefly summarized; the number of reports or complaints filed by victims; how many of these cases are referred to the county prosecutor; the number of cases that county prosecutors decline to prosecute and reasons for declining prosecution; the number of indictments or other charges; the number of cases downgraded from the New Jersey Superior Court to municipal court;  the number of cases that resulted in a plea-agreement and the specific disposition of the case; and the number of cases presented for trial with the specific disposition of those cases. 

     The Attorney General also is required to include in the report any other relevant information concerning statutory obligations to respond to and investigate sexual assault or criminal sexual contact cases. 

     Finally, the bill requires the Attorney General to issue an annual report summarizing the information resulting from the required auditing of sexual assault and criminal sexual contact cases. The annual report is not to contain any personal or identifying information about victims.  The annual report is to be submitted to the Governor and the Legislature, as well as posted on the official website of the Department of Law and Public Safety.