ASSEMBLY, No. 1327

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman DeCROCE and Assemblywoman MURPHY

 

 

An Act concerning crime victims and amending P.L.1971, c.317 and P.L.1985, c.404.

 

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

 

    1. Section 11 of P.L.1971, c.317 (C.52:4B-11) is amended to read as follows:

    11. The board may order the payment of compensation in accordance with the provisions of this act for personal injury or death which resulted from:

    (a) an attempt to prevent the commission of crime or to arrest a suspected criminal or in aiding or attempting to aid a police officer so to do, or

    (b) the commission or attempt to commit any of the following offenses:

    1. aggravated assault;

    2. mayhem;

    3. threats to do bodily harm;

    4. lewd, indecent, or obscene acts;

    5. indecent acts with children;

    6. kidnapping;

    7. murder;

    8. manslaughter;

    9. rape;

    10. any other crime involving violence including domestic violence as defined by section 3 of [P.L.1981, c.426 (C.2C:25-3)] P.L.1991, c.261 (C.2C:25-19);

    11. burglary;

    12. tampering with a cosmetic, drug or food product; or

    (c) the commission of a violation of R.S.39:4-50; or

    (d) the commission of a delinquent act by a juvenile which, if committed by an adult, would constitute one of the acts enumerated in subparagraph (b) of this section.

(cf: P.L.1990, c.64, s.2)

 

    2. Section 1 of P.L.1985, c.404 (C.52:4B-39) is amended to read as follows:

    1. As used in this act:

    a. "Victim" means a person who suffers personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime committed against that person.

    b. "Board" means the Violent Crimes Compensation Board in the Department of Law and Public Safety.

    c. "Crime" includes a delinquent act committed by a juvenile which if committed by an adult would constitute one of the acts enumerated in subparagraph (b) of section 11 of P.L.1971, c.317 (C.52:4B-11).

(cf: P.L.1985, c.404 s.1)

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would amend the "Criminal Injuries Compensation Act of 1971," N.J.S.A.52:4B-1 et seq. and the law establishing an Office of Victim-Witness Advocacy, N.J.S.A. 52:4B-39 et seq. to clarify that these laws are applicable to victims of certain acts committed by juveniles. The bill provides for inclusion of the commission of a delinquent act by a juvenile which, if committed by an adult, would constitute one of the acts enumerated in subparagraph (b) of N.J.S.A. 52:4B-11. These acts include:

    1. aggravated assault;

    2. mayhem;

    3. threats to do bodily harm;

    4. lewd, indecent, or obscene acts;

    5. indecent acts with children;

    6. kidnapping;

    7. murder;

    8. manslaughter;

    9. rape;

    10. any other crime involving violence including domestic violence as defined by section 3 of P.L.1991, c.261 (C.2C:25-19);

    11. burglary;

    12. tampering with a cosmetic, drug or food product.


 

Clarifies that certain compensation to and rights of victims include victims of acts committed by juveniles.