ASSEMBLY, No. 2478
STATE OF NEW JERSEY
INTRODUCED NOVEMBER 7, 1996
By Assemblymen ZISA and CARABALLO
An Act concerning inmates' access to certain information, amending P.L.1992, c.209 and N.J.S.2C:33-4 and supplementing P.L.1963, c.73 and Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Notwithstanding the provisions of this act or the provisions of any other law to the contrary, where it shall appear that an inmate who is serving a term of imprisonment or is on parole or probation as the result of a conviction of any indictable offense under the laws of this State or any other state is seeking personal information records pertaining to a victim or the victim's family, including but not limited to a victim's home address, home telephone number, social security account number, medical history or any other identifying information, the right of examination herein provided for shall be denied.
b. Personal identifying information which is privileged pursuant to the provisions of this section may be released to an inmate or his representative if the information is necessary to assist in his own defense.
2. (New section) Notwithstanding the provisions of section 7 of P.L.1979, c.441 (C.30:4-123.51), R.S.30:4-140, R.S.30:4-92 or any other law to the contrary, progressive time credits or credits for diligent application to work shall be forfeited as a penalty for misconduct if an inmate unlawfully obtains or seeks to obtain personal identifying information of a victim or the victim's family in violation of section 1 of P.L. , c. (C. )(now pending before the Legislature as section 1 of this bill).
3. Section 1 of P.L.1992, c.209 (C.2C:12-10) is amended to read as follows:
1. a. As used in this act:
(1) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying verbal or written threats or threats implied by conduct or a combination thereof directed at or toward a person.
(2) "Repeatedly" means on two or more occasions.
(3) "Immediate family" means a spouse, parent, child, sibling or any other person who regularly resides in the household or who within the prior six months regularly resided in the household.
b. A person is guilty of stalking, a crime of the fourth degree, if he:
(1) Purposefully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury to himself or a member of his immediate family or to fear the death of himself or a member of his immediate family; and
(2) Knowingly, recklessly or negligently places the specific person in reasonable fear of bodily injury to himself or a member of his immediate family or in reasonable fear of the death of himself or a member of his immediate family.
c. A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.
d. A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.
e. A person is guilty of a crime of the third degree if he commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State or any other state.
f. This act shall not apply to conduct which occurs during organized group picketing.
(cf: P.L.1996, c.39, s.1)
4. N.J.S. 2C:33-4 is amended to read as follows:
2C:33-4. Harassment.
Except as provided in subsection d.and e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:
a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.
A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.
d. A person commits a crime of the fourth degree if in committing an offense under this section, he acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation or ethnicity.
e. A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State or any other state.
(cf: P.L.1995, c.211, s.2)
5. This act shall take effect immediately .
STATEMENT
This bill would prohibit an inmate who is serving a term of imprisonment or is on parole or probation as the result of a conviction of any indictable offense under the laws of this State or any other state from using the provisions of the "Right to Know Law" (N.J.S.A.47:1A-1 et seq.) to obtain public records containing personal identifying information of a victim or the victim's family. The bill, however, allows an inmate or his representative to obtain the information if it is necessary to assist in his own defense.
This bill would also provide that an inmate would forfeit his good time credits if the inmate unlawfully obtains or seeks to obtain personal identifying information of a victim or the victim's family.
In addition, this bill would amend the stalking and harassment statutes to make it a crime of the third degree if an inmate stalks a victim or a crime of the fourth degree if the inmate harasses a victim.
Prohibits inmates' access to certain information concerning victims; upgrades crimes of stalking and harassment under certain circumstances.