SENATE, No. 453

STATE OF NEW JERSEY

INTRODUCED JANUARY 18, 1996

By Senators CAFIERO and DiFRANCESCO

An Act concerning permanent restraining orders in stalking cases and supplementing Title 2C of the New Jersey Statutes.

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

    1. a. A judgment of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim who was stalked.

    b. A hearing shall be held on the application for a permanent restraining order at the time of the verdict or plea of guilty unless the victim requests otherwise. This hearing shall be in Superior Court. A permanent restraining order may grant the following specific relief:

    (1) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim.

    (2) An order restraining the defendant from making contact with the victim, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim the victim's employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim.

    c. The permanent restraining order entered by the court subsequent to a conviction for stalking as provided in this act may be dissolved upon the application of the stalking victim to the court which granted the order.

    d. Notice of permanent restraining orders issued pursuant to this act shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.

    e. Any permanent restraining order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers.

    f. A violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection a. of N.J.S.2C:29-9 and each order shall so state. Violations of these orders may be enforced in a civil or criminal action initiated by the stalking victim or by the court, on its own motion, pursuant to applicable court rules. Nothing in this act shall preclude the filing of a criminal complaint for stalking based on the same act which is the basis for the violation of the permanent restraining order.

    2. This act shall take effect immediately.

STATEMENT

    This bill provides that a judgement of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim who was stalked.

    A permanent restraining order may restrain the defendant from entering the residence, property, school, or place of employment of the victim. A permanent order may also forbid the defendant from initiating, personally or through an agent any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim, or the victim's employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim.

    The permanent restraining order entered by the court may be dissolved upon the application of the stalking victim to the court which granted it.

    Notice of permanent restraining order issued shall be sent to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.

    Any permanent restraining order issued shall be in effect throughout the State, and shall be enforced by all law enforcement officers.

    A violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection a. of N.J.S.2C:29-9 and each order shall so state. Violations of these orders may be enforced in a civil or criminal action initiated by the stalking victim or by the court, on its own motion, pursuant to applicable court rules. Seeking enforcement of the order does not preclude the filing of a criminal complaint for stalking based on the same act which resulted in the violation of the order.

Provides application for a permanent restraining order following convictions for stalking.