SENATE, No. 413

STATE OF NEW JERSEY

INTRODUCED JANUARY 18, 1996

By Senator CASEY

An Act concerning the identification of certain victims in certain public records and court documents and amending P.L.1989, c.336.

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

    1. Section 1 of P.L.1989, c.336 (C.2A:82-46) is amended to read as follows:

    1. a. In prosecutions for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, endangering the welfare of children under N.J.S.2C:24-4, or in any action alleging an abused or neglected child under P.L.1974, c.119 (C.9:6-8.21 et seq.), the name, address[, and] or identity of a victim [who was under the age of 18 at the time of the alleged commission] of [an] the offense shall not appear on the indictment, complaint, or any other public record as defined in P.L.1963, c.73 (C.47:1A-1 et seq.). In its place initials or a fictitious name shall appear.

    b. Any report, statement, photograph, court document, indictment, complaint or any other public record which states the name, address [and identity of] or otherwise identifies a victim shall be confidential and unavailable to the public. Unless authorized pursuant to subsection c. or e. of this section, any person who [purposefully] knowingly discloses, releases or otherwise makes available to the public any of the above-listed documents which contain the name, address [and] or identity of a victim [who was under the age of 18 at the time of the alleged commission] of an alleged offense enumerated in subsection a. of this section shall be guilty of a disorderly persons offense.

    c. The information described in this act shall remain confidential and unavailable to the public unless the court, after a hearing, determines that good cause exists for disclosure. The hearing shall be held after notice has been made to the victim, parents of victim, spouse, or other person legally responsible for the maintenance and care of the victim, and to the person charged with the commission of the offense, counsel or guardian of that person.

    d. Nothing contained herein shall prohibit the court from imposing further restrictions with regard to the disclosure of the name, address[, and] or identity of the victim when it deems it necessary to prevent trauma or stigma to the victim.

     e. Nothing contained herein shall apply to any information released to the defendant or the defendant's attorney for the purpose of conducting any necessary investigation and providing for an appropriate defense.

(cf: P.L.1989, c.336, s.1).

    2. This act shall take effect immediately.

STATEMENT

    N.J.S.A.2A:82-46 presently provides that certain reports, statements, photographs, court documents, complaints or any other public record which the states the name, address or otherwise identifies victims of certain sexual offenses shall be confidential if the victim is under the age of 18. This bill would eliminate reference in N.J.S.A.2A:82-46 to victims under 18 years of age and thus make the provisions concerning confidentiality applicable to all victims of sexual offense regardless of age.

    Also presently under the provisions of 2A:82-46, a person who purposely discloses or releases any document concerning the juvenile victim of a sexual offense is guilty of a disorderly persons offense. The bill would change the requisite intent requirement for this offense from "purposely" to "knowingly."

Provides for confidentiality with respect to identification of certain victims in certain public records and court documents.