STATEMENT TO

SENATE SUBSTITUTE FOR

SENATE Nos. 88 and 559

with Senate Floor Amendments

(Proposed By Senator LIPMAN)

ADOPTED: JUNE 5, 1997

      This floor amendment would amend Senate Substitute for Senate Nos. 88 and 559 by deleting the provision in the substitute which provides that a simple assault committed against a person protected from an assailant under the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) would be upgraded to aggravated assault. Instead, the provisions of the amendment would expand the categories of persons found guilty of the crime of contempt by amending N.J.S.2C:29-9 to provide that a person, who purposely or knowingly violates any provision of an order entered under the "Prevention of Domestic Violence Act of 1991" or any provision of a valid restraining order from another jurisdiction and the violation could also constitute a crime or the disorderly persons offense of assault, would be guilty of a crime of the third degree.

      Under the provisions of the amendment, when an order entered under the "Prevention of Domestic Violence Act of 1991" or any provision of a valid restraining order from another jurisdiction is violated and that violation could constitute a disorderly persons offense other than assault, the person would be guilty of a crime of the fourth degree.