ASSEMBLY, No. 580
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman LUSTBADER
An Act concerning the use of certain evidence by a defendant to support a claim of self-defense and supplementing chapter 3 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. In a prosecution for criminal homicide or assault, a defendant who raises as a defense the use of force in self-protection as provided by N.J.S.2C:3-4 is entitled to offer, in order to establish the defendant's reasonable belief that the use of force was immediately necessary:
a. Relevant evidence that the defendant was the victim of child abuse, abandonment, cruelty or neglect, as defined in R.S.9:6-1, R.S.9:6-3 or section 1 of P.L.1974, c.119 (C.9:6-8.21), endangering the welfare of a child, as provided by N.J.S.2C:24-4, or domestic violence, as provided by P.L.1991, c.261 (C.2C:25-17 et seq.) or P.L.1981, c.426 (C.2C:25-1 et seq.) which had been committed upon the defendant by the victim of the crime with which the defendant is charged; and
b. Relevant expert testimony regarding the condition of the defendant's mind at the time of the offense, including those relevant facts and circumstances relating to child abuse, abandonment, cruelty, neglect or domestic violence that are the basis of the expert's opinion.
2. This act shall take effect immediately.
STATEMENT
This bill would clarify that a person who claims self-defense to a charge of criminal homicide or assault is entitled to offer evidence that the victim of the crime committed child abuse or domestic violence upon the person charged with the crime in the past. The judge retains the discretion to determine whether the evidence offered is relevant.
Clarifies that defendant who claims self-defense in prosecution for homicide or assault shall be entitled to introduce evidence of past child abuse or domestic violence committed by the victim.