Bill Text: NJ A1136 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes "Victim-Witness Scholarship Fund;" establishes "Witness Protection Fund;" and concerns State forfeiture funds.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A1136 Detail]
Download: New_Jersey-2010-A1136-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman ELEASE EVANS
District 35 (Bergen and Passaic)
SYNOPSIS
Establishes "Victim-Witness Scholarship Fund;" establishes "Witness Protection Fund;" and concerns State forfeiture funds.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act establishing the "Victim-Witness Scholarship Fund," establishing the "Witness Protection Fund," supplementing Title 52 of the Revised Statutes, and amending N.J.S.2C:64-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. There is established in the Office of Victim-Witness Assistance in the Department of the Treasury a separate, nonlapsing revolving fund to be known as the "Victim-Witness Scholarship Fund." The fund shall be financed by the proceeds obtained by the Attorney General pursuant to N.J.S.2C:64-6. Any balance left over in the fund at the end of a fiscal year shall be deposited in the "Witness Protection Fund" established pursuant to section 2 of P.L. , c. (C. ) (now pending before the Legislature as section 2 of this bill).
b. Moneys deposited in the fund, and any interest earned thereon, shall be used to provide full tuition scholarships to a State college to any witnesses of violent crimes who voluntarily testify at a criminal proceeding for the prosecution.
c. As used in this act:
"Violent crime" means any crime enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2).
"State college" means an institution of higher education established pursuant to chapter 64 of Title 18A of the New Jersey Statutes including any State college designated as a teaching university.
d. The fund shall be administered by the Office of the Attorney General, Division of Criminal Justice. The division is hereby authorized to award full tuition scholarships to qualified applicants for undergraduate study leading to a baccalaureate degree at a State college. Applicants shall submit their applications to the division, which shall review each application to determine which witnesses receive the scholarship.
e. No scholarship pursuant to this section shall be awarded to any applicant unless that applicant has demonstrated to the satisfaction of the Attorney General that he:
(1) Witnessed the commission of a violent crime;
(2) Cooperated with law enforcement during the investigation of the violent crime;
(3) Voluntarily testified against the defendant at the criminal proceeding and provided essential testimony for the prosecution;
(4) Possesses a certification from the
prosecutor who tried the criminal case at which the applicant testified that
such testimony
played a significant role in convicting the defendant; and
(5) Is or has been a resident of this State for at least 36 months prior to receiving the scholarship.
f. A witness who is deemed to be a qualified applicant by the Attorney General but who is not able to use the scholarship may designate a member of his immediate family to receive the scholarship.
2. (New section) a. There is established in the Office of the Attorney General, Division of Criminal Justice, a separate, nonlapsing revolving fund to be known as the "Witness Protection Fund." The fund shall be financed by the proceeds obtained by the Attorney General pursuant to N.J.S.2C:64-6 and any balance left over at the end of a fiscal year in the Victim-Witness Scholarship Fund, established pursuant to section 1 of P.L. , c. (C. ) (now pending before the Legislature as section 1 of this bill).
b. Moneys deposited in the fund, and any interest earned thereon, shall be used by county prosecutors to assist witnesses who may be intimidated and endangered because of their cooperation in criminal prosecutions.
3. N.J.S.2C:64-6 is amended to read as follows:
2C:64-6. Disposal of Forfeited Property. a. Property which has been forfeited shall be destroyed if it can serve no lawful purpose or it presents a danger to the public health, safety or welfare. All other forfeited property or any proceeds resulting from the forfeiture and all money seized pursuant to this chapter shall become the property of the entity funding the prosecuting agency involved and shall be disposed of, distributed, appropriated and used in accordance with the provisions of this chapter.
The prosecutor or the Attorney General, whichever is prosecuting the case, shall divide the forfeited property, any proceeds resulting from the forfeiture or any money seized pursuant to this chapter with any other entity where the other entity's law enforcement agency participated in the surveillance, investigation, arrest or prosecution resulting in the forfeiture, in proportion to the other entity's contribution to the surveillance, investigation, arrest or prosecution resulting in the forfeiture, as determined in the discretion of the prosecutor or the Attorney General, whichever is prosecuting the case. [Notwithstanding any other provision of law] Except as provided in subsection d. of this section, such forfeited property and proceeds shall be used solely for law enforcement purposes, and shall be designated for the exclusive use of the law enforcement agency which contributed to the surveillance, investigation, arrest or prosecution resulting in the forfeiture.
The Attorney General is authorized to promulgate rules and regulations to implement and enforce the provisions of this act.
b. [For a period of two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.), 10% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).] Deleted by amendment P.L. , c. (C. ) (now pending before the Legislature as this bill).
c. Beginning two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.) and in subsequent years, 5% of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13).
d. From the date of enactment of P.L. , c. (C. ) (now pending before the Legislature as this bill) and in subsequent years, 20% of the proceeds obtained by the Attorney General shall be deposited into the Victim-Witness Scholarship Fund established pursuant to section 1 of P.L. , c. (C. ) (now pending before the Legislature as section 1 of this bill).
e. From the date of enactment of P.L. , c. (C. ) (now pending before the Legislature as this bill) and in subsequent years, $ ,000 of the proceeds obtained by the Attorney General shall be deposited into the Witness Protection Fund established pursuant to section 2 of P.L. , c. (C. ) (now pending before the Legislature as section 2 of this bill).
(cf: P.L.1993, c.227, s.1)
4. (New section) The Attorney General shall report annually to the Governor and the Legislature concerning the administration of the Victim-Witness Scholarship Fund and the administration and award of scholarships authorized by section 1 of P.L. , c. (C. ) (now pending before the Legislature as section 1 of this bill).
5. The Attorney General is authorized to promulgate rules and regulations to implement and enforce the provisions of this act.
6. This act shall take effect immediately.
STATEMENT
In order to encourage witnesses to cooperate with law enforcement and testify against the alleged perpetrator at the criminal proceeding, this bill establishes the "Victim-Witness Scholarship Fund." This fund provides a full tuition scholarship to a State college to any witness of a violent crime who voluntarily testifies at a criminal proceeding against the defendant and such testimony leads to defendant's conviction if he meets certain qualifications. These violent crimes include, but are not limited to, murder, aggravated manslaughter, aggravated assault, and aggravated sexual assault.
The scholarship shall be administered by the Office of the Attorney General, Division of Criminal Justice, and shall be awarded through an application process wherein the applicant must demonstrate that he:
(1) Witnessed the commission of a violent crime;
(2) Cooperated with law enforcement during the investigation of the violent crime;
(3) Voluntarily testified against the defendant at the criminal proceeding and provided essential testimony for the prosecution;
(4) Possesses a certification from the prosecutor who tried the criminal case at which he testified that such testimony played a significant role in convicting the defendant; and
(5) Is or has been a resident of this State for at least 36 months prior to receiving the scholarship.
A witness who is deemed to be a qualified applicant by the Attorney General but who is not able to use the scholarship may designate a member of his immediate family to receive the scholarship.
The scholarship shall be funded through the State's criminally-derived asset forfeiture account. N.J.S.A.2C:64-6 has been amended to allot 20% of the criminally-derived forfeiture funds obtained by the Attorney General to be deposited into the fund. Any balance left over in the fund at the end of the fiscal year shall be deposited in the "Witness Protection Fund".
This bill creates the "Witness Protection Fund," which is also financed through the State's criminally-derived asset forfeiture account and any left over monies from the "Victim-Witness Scholarship Fund" at the end of each fiscal year. N.J.S.A.2C:64-6 has also been amended to allot $ ,000 of the criminally-derived forfeiture funds obtained by the Attorney General to be deposited into the fund.
The sponsor believes that witness intimidation is one of the most critical problems in the investigation and prosecution of violent crimes in this State. Witnesses to violent crimes have been threatened and intimidated and, therefore, are too afraid to cooperate with law enforcement or provide testimony in open court for the prosecution. Such intimidation has become a major stumbling block to criminal prosecutions in this State. The sponsor believes it is time that the Legislature acted to combat these intimidation tactics.
