ASSEMBLY JUDICIARY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 184 and 531

 

STATE OF NEW JERSEY

 

DATED: FEBRUARY 5, 1996

 

      The Assembly Judiciary Committee reports favorably a committee substitute for Assembly Bill Nos. 184 and 531 .

      This committee substitute would revise N.J.S.A.2C:12-10, New Jersey's law prohibiting stalking, based on model anti-stalking legislation promulgated by the National Victims' Center. Unlike many state stalking statutes which list specific types of action that could be construed as "stalking", this bill, reflecting the model act, prohibits a person from engaging in a "course of conduct" that would cause a reasonable person to fear bodily injury or death. Under the language of the committee substitute, the stalking conduct must be direct at a "specific person." Threatening behavior not aimed at a specific individual would not be punishable as stalking.

      Under the provisions of the committee substitute, a person would be guilty of stalking if the person purposefully engaged in activity that would cause a reasonable person to fear death or bodily injury and if the person knowingly, recklessly or negligently places another in reasonable fear of death or bodily injury.

      As stalkers may, in addition to threatening the primary victim, threaten to harm members of the primary victim's family, the committee substitute also provides that a threat to harm an immediate family member of the primary victim would constitute stalking.

      The committee substitute would also mandate that any presentence investigation of a person convicted of stalking include an evaluation of the person's mental condition.

      In addition to revising N.J.S.A. 2C:12-10, the committee substitute provides that a judgement of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact between the defendant and the victim who was stalked.

      A permanent restraining order may restrain the defendant from entering the residence, property, school, or place of employment of the victim. A permanent order may also forbid the defendant from initiating, personally or through an agent any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim, or the victim's employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim. The court order would delineate the exact circumstances of each order on a case-by-case basis.

      The permanent restraining order entered by the court may be dissolved upon the application of the stalking victim to the court which granted it.

      Notice of a permanent restraining order issued shall be sent to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.

      Any permanent restraining order issued shall be in effect throughout the State and shall be enforced by all law enforcement officers.

      This substitute is identical to the Senate Committee Substitute for Senate Bill Nos. 453 and 455.