ASSEMBLY, No. 1233

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman AZZOLINA

An Act concerning crime victims' rights and amending P.L.1985, c.249 and P.L.1985, c.404.

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

    1. Section 3 of P.L.1985, c.249 (C.52:4B-36) is amended to read as follows:

    3. The Legislature finds and declares that crime victims and witnesses are entitled to the following rights:

    a. To be treated with dignity and compassion by the criminal justice system;

    b. To be informed about the criminal justice process;

    c. To be free from intimidation;

    d. To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible;

    e. To make at least one telephone call provided the call is reasonable in both length and location called;

    f. To medical assistance if, in the judgment of the law enforcement agency, medical assistance appears necessary;

    g. To be notified if presence in court is not needed;

    h. To be informed about available remedies, financial assistance and social services;

    i. To be compensated for their loss whenever possible;

    j. To be provided a secure, but not necessarily separate, waiting area during court proceedings;

    k. To be advised of case progress and final disposition;

    l. To the prompt return of property when no longer needed as evidence;

    m. (1) To submit a written statement about the impact of the crime to a representative of the county prosecutor's office which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed; and

    (2) For victims to submit a written impact statement to a representative of the county prosecutor's office which shall be considered prior to the prosecutor accepting an agreement concerning the offense or offenses to which the defendant will plead or an agreement concerning the sentence, and to receive an explanation of the terms of any plea agreement and the reasons for the agreement;

 and

    n. To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime.

    This statement is to be made in addition to the statement permitted for inclusion in the presentence report by N.J.S.2C:44-6.

(cf: P.L.1991, c.44, s.1)

    2. Section 6 of P.L.1985, c.404 (C.52:4B-44) is amended to read as follows:

    6. a. The Attorney General shall, through the Office of Victim-Witness Advocacy in the Division of Criminal Justice in the Department of Law and Public Safety and in consultation with the county prosecutors, promulgate standards for law enforcement agencies to ensure that the rights of crime victims are enforced.

    b. The standards shall require that the Office of Victim-Witness Advocacy in the Division of Criminal Justice and each county prosecutor's office provide the following services upon request for victims and witnesses involved in the prosecution of a case:

    (1) Orientation information about the criminal justice system and the victim's and witness's role in the criminal justice process;

    (2) Notification of any change in the case status and of final disposition;

    (3) Information on crime prevention and on available responses to witness intimidation;

    (4) Information about available services to meet needs resulting from the crime and referrals to service agencies, where appropriate;

    (5) Advance notice of the date, time and place of the defendant's initial appearance before a judicial officer, submission to the court of any plea agreement, the trial and sentencing;

    (6) Advance notice of when presence in court is not needed;

    (7) Advice about available compensation, restitution and other forms of recovery and assistance in applying for government compensation;

    (8) A waiting or reception area separate from the defendant for use during court proceedings;

    (9) An escort or accompaniment for intimidated victims or witnesses during court appearances;

    (10) Information about directions, parking, courthouse and courtroom locations, transportation services and witness fees, in advance of court appearances;

    (11) Assistance for victims and witnesses in meeting special needs when required to make court appearances, such as transportation and child care arrangements;

    (12) Assistance in making travel and lodging arrangements for out-of-State witnesses;

    (13) Notification to employers of victims and witnesses, if cooperation in the investigation or prosecution causes absence from work;

    (14) Notification of the case disposition, including the trial and sentencing;

    (15) (a) Assistance to victims in submitting a written statement to a representative of the county prosecutor's office about the impact of the crime prior to the prosecutor's final decision concerning whether formal charges will be filed;

    (b) Assistance to victims of first or second degree crimes as indicted in submitting a written impact statement to a representative of the county prosecutor's office which shall be considered prior to the prosecutor accepting an agreement concerning the offense or offenses to which the defendant will plead or an agreement concerning the sentence, and an explanation of the terms of any plea agreement and the reasons for the agreement;

    (16) Advice to victims about their right to make a statement about the impact of the crime for inclusion in the presentence report or at time of parole consideration, if applicable;

    (17) Notification to victims of the right to make an in-person statement, prior to sentencing, directly to the sentencing court concerning the impact of the crime;

    (18) Expediting the return of property when no longer needed as evidence; and

    (19) Advise and counsel, or refer for advise or counseling, victims of sexual assault, or other criminal acts involving a risk of transmission of disease, concerning available medical testing and assist such victims, or refer such victims for assistance, in obtaining appropriate testing, counseling and medical care and in making application to the Violent Crimes Compensation Board for compensation for the costs of such testing, counseling and care.

    c. In a case involving a victim of aggravated sexual assault or sexual assault as defined in subsection a. or c. of N.J.S.2C:14-2, the Office of Victim-Witness Advocacy or the county prosecutor's office involved in the case shall:

    (1) Notify the victim of the victim's right to obtain an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS, and assist the victim, or refer the victim for assistance, in obtaining a test and appropriate counseling and medical care;

    (2) Notify the victim of the victim's right to obtain a court order pursuant to subsection a. of section 4 of P.L.1993, c.364 (C.2C:43-2.2) requiring the offender to submit to an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS in the event that the offender is indicted, formally charged, convicted or adjudicated delinquent;

    (3) Communicate the request of a victim who agrees to seek an order pursuant to subsection a. of section 4 of P.L.1993, c.364 (C.2C:43-2.2) to the prosecutor handling the case and notify the victim or arrange for the victim to be notified of the test result; and

    (4) Assist the victim in applying to the Violent Crimes Compensation Board for compensation for the costs of testing, counseling and medical care.

(cf: P.L.1993, c.364)

    3. This act shall take effect immediately.

STATEMENT

    Currently, crime victims may file an impact statement with the prosecutor's office prior to the prosecutor's final decision concerning whether formal charges will be filed. This bill would amend that section of law, N.J.S.A.52:4B-36, which sets forth the rights of crime victims, to give crime victims the additional right to submit a written impact statement prior to the prosecutor's final decision whether to accept a plea agreement concerning the offense or offenses to which the defendant will plead or an agreement concerning the sentence. The victim would also receive an explanation of the terms of any plea agreement and the reasons for the agreement. The bill also amends N.J.S.A.52:4B-44 concerning standards for the provision of services to victims to include assistance to victims of first and second degree crimes in submitting a written impact statement of this kind.

Permits crime victims to make impact statements prior to the acceptance of plea bargain agreements.