SENATE, No. 455
STATE OF NEW JERSEY
INTRODUCED JANUARY 18, 1996
By Senators CAFIERO and DiFRANCESCO
An Act concerning stalking and amending P.L.1992, c.209 and N.J.S.2C:44-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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 [a knowing and willful course of conduct directed at a specific person, composed of a series of acts over a period of time, however short, evidencing a continuity of purpose which alarms or annoys that person and which serves no legitimate purpose. The course of conduct must be such as to cause a reasonable person to suffer emotional distress. Constitutionally protected activity is not included within the meaning of "course of conduct"] 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) ["Credible threat" means an explicit or implicit threat made with the intent and the apparent ability to carry out the threat, so as to cause the person who is the target of the threat to reasonably fear for that person's safety] "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 [purposfully and repeatedly follows another person and engages in a course of conduct or makes a credible threat with the intent of annoying or placing that person in reasonable fear of death or bodily injury]
: (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 a 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 [which involves an act of violence or a credible threat of violence] against the same victim is guilty of a crime of the third degree.
e. This act shall not apply to conduct which occurs during organized group picketing.
(cf: P.L.1992, c.209, s.1)
2. N.J.S.2C:44-6 is amended to read as follows:
2C:44-6. Procedure on Sentence; Presentence Investigation and Report.
a. The court shall not impose sentence without first ordering a presentence investigation of the defendant and according due consideration to a written report of such investigation when required by Rules of Court. The court may order a presentence investigation in any other case.
b. The presentence investigation shall include an analysis of the circumstances attending the commission of the offense, the defendant's history of delinquency or criminality, family situation, financial resources, including whether or not the defendant is an enrollee or covered person under a health insurance contract, policy or plan, debts, including any amount owed for a fine, assessment or restitution ordered in accordance to the provisions of Title 2C, employment history, personal habits, the disposition of any charge made against any codefendants and may include a report on his physical and mental condition and any other matters that the probation officer deems relevant or the court directs to be included. In any case involving a conviction of N.J.S.2C:24-4, endangering the welfare of a child; N.J.S.2C:18-3, criminal trespass, where the trespass was committed in a school building or on school property; section 1 of P.L.1993, c.291 (C.2C:13-6), attempting to lure or entice a child with purpose to commit a criminal offense; section 1 of P.L. 1992, c.209 (C.2C:12-16), stalking; or N.J.S.2C:13-1, kidnapping, where the victim of the offense is a child under the age of 18, the investigation shall include a report on the defendant's mental condition unless the court directs otherwise. In any case involving a conviction of stalking, the investigation shall include a report on the defendant's mental condition. The presentence report shall also include a report on any compensation paid by the Violent Crimes Compensation Board as a result of the commission of the offense and, in any case where the victim chooses to provide one, a statement by the victim of the offense for which the defendant is being sentenced. The statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss to include loss of earnings or ability to work suffered by the victim and the effect of the crime upon the victim's family. The probation department shall notify the victim or nearest relative of a homicide victim of his right to make a statement for inclusion in the presentence report if the victim or relative so desires. Any such statement shall be made within 20 days of notification by the probation department.
The presentence report shall specifically include an assessment of the gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, disability, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance.
c. If, after the presentence investigation, the court desires additional information concerning an offender convicted of an offense before imposing sentence, it may order that he be examined as to his medical or mental condition, except that he may not be committed to an institution for such examination.
d. Disclosure of any presentence investigation report or psychiatric examination report shall be in accordance with law and the Rules of Court, except that information concerning the defendant's financial resources shall be made available upon request to the Violent Crimes Compensation Board or to any officer authorized under the provisions of section 3 of P.L.1979, c.396 (C.2C:46-4) to collect payment on an assessment, restitution or fine and that information cocerning the defendant's coverage under any health insurance contract, policy or plan shall be made available, as appropriate to the Commissioner of the Department of Corrections and to the chief administrative officer of a county jail in accordance with the provisions of P.L.1995, c.254, (C.30:7E-1 et. al.)(now pending before the Legislature as this bill).
e. The court shall not impose a sentence of imprisonment for an extended term unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to him of the ground proposed. The defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue.
f. (Deleted by amendment, P.L.1986, c.85).
(cf: P.L.1995, c.254, s.7)
3. This act shall take effect immediately.
STATEMENT
This bill would revise N.J.S.A.2C:12-10, New Jersey's law prohibiting stalking, based on model anti-stalking legislation promulgated by the National Victims' Center. Unlike many state stalking statutes which list specific types of action that could be construed as "stalking", this bill, reflecting the model act, prohibits a person from engaging in a "course of conduct" that would cause a reasonable person to fear bodily injury or death. Under the language of the bill, the stalking conduct must be directed at a "specific person." Threatening behavior not aimed at a specific individual would not be punishable.
Under the provisions of the the bill, a person would be guilty of stalking if the person purposefully engaged in activity that would cause a reasonable person to fear death or bodily injury. A person would also be guilty of stalking if the person knowingly, recklessly or negligently places another in reasonable fear of death or bodily injury.
As stalkers may, in addition to threatening the primary victim, threaten to harm members of the primary victim's family, the bill also provides that a threat to harm an immediate family member of the primary victim would constitute stalking.
In addition to proposing the enactment of the provisions of the model act, the bill would mandate that any presentence investigation of a person convicted of stalking include an evaluation of the persons mental condition.
Revises New Jersey's anti-stalking statute.