ASSEMBLY, No. 1199
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
Co-Sponsored by:
Assemblymen Benson, Mazzeo, Assemblywoman Lampitt, Assemblymen McKeon, Diegnan and Eustace
SYNOPSIS
Permits a victim or witness of any age to testify by closed circuit television under certain circumstances in prosecutions for domestic violence, sexual assault, and certain other crimes.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on March 7, 2016, with amendments.
An Act concerning closed circuit testimony in certain 1[domestic violence] criminal1 cases 1[and],1 supplementing 1[chapter 84A of]1 Title 2A of the New Jersey Statutes 1and amending P.L.1985, c.1261.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1.1(New section)1 Prosecutions 1[or actions]1 for domestic violence1, sexual assault, and certain other crimes1; closed circuit testimony by certain vulnerable witnesses and victims.
a. In prosecutions for a crime 1[or offense]1 involving domestic violence 1as defined in section 3 of P.L.1991, c.261 (C.2C:25-19)1, 1aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, or human trafficking involving sexual activity,1 the court may, on motion and after conducting a hearing in camera, order the taking of the testimony of a 1victim or1 witness 1[who is under the age of 16 or the testimony of a victim of any age] over the age of 161 on closed circuit television at the trial, out of the view of the jury, defendant, or spectators upon making findings as provided in subsection b. of this section.
b. An order under this section may be made only if the court determines by clear and convincing evidence that there is a substantial likelihood that the 1victim or1 witness 1[under the age of 16 or the victim]1 would suffer severe emotional or mental distress if required to testify in open court. The order shall be specific as to whether the 1victim or1 witness 1[under the age of 16 or the victim]1 will testify outside the presence of spectators, the defendant, the jury, or all of them and shall be based on specific findings relating to the impact of the presence of each.
c. A motion seeking closed circuit testimony under subsection a. of this section may be filed by:
(1) The victim or witness 1[under the age of 16]1 or 1, in the case of a victim or witness who is under the age of 18,1 the victim's or witness's attorney, parent or legal guardian;
(2) The prosecutor;
(3) The defendant or the defendant's counsel; or
(4) The trial judge on the judge's own motion.
d. The defendant's counsel shall be present at the taking of testimony in camera. If the defendant is not present, he and his attorney shall be able to confer privately with each other during the
testimony by a separate audio system.
e. If testimony is taken on closed circuit television pursuant to the provisions of this act, a stenographic recording of that testimony shall also be required. A transcript of that testimony shall be included in the record on appeal. The closed circuit testimony itself shall not constitute part of the record on appeal except on motion for good cause shown.
12. Section 1 of P.L.1985, c.126 (C.2A:84A-32.4) is amended to read as follows:
1. a. In prosecutions for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, human trafficking involving sexual activity, a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), child abuse, or in any action alleging an abused or neglected child under P.L.1974, c.119 (C.9:6-8.21 et seq.), the court may, on motion and after conducting a hearing in camera, order the taking of the testimony of a victim or witness on closed circuit television at the trial, out of the view of the jury, defendant, or spectators upon making findings as provided in subsection b. of this section.
b. An order under this section may be made only if the court finds that the victim or witness is 16 years of age or younger and determines by clear and convincing evidence that there is a substantial likelihood that the victim or witness would suffer severe emotional or mental distress if required to testify in open court. The order shall be specific as to whether the victim or witness will testify outside the presence of spectators, the defendant, the jury, or all of them and shall be based on specific findings relating to the impact of the presence of each.
c. A motion seeking closed circuit testimony under subsection a. of this section may be filed by:
(1) The victim or witness or the victim's or witness's attorney, parent or legal guardian;
(2) The prosecutor;
(3) The defendant or the defendant's counsel; or
(4) The trial judge on the judge's own motion.
d. The defendant's counsel shall be present at the taking of testimony in camera. If the defendant is not present, he and his attorney shall be able to confer privately with each other during the testimony by a separate audio system.
e. If testimony is taken on closed circuit television pursuant to the provisions of this act, a stenographic recording of that testimony shall also be required. A typewritten transcript of that testimony shall be included in the record on appeal. The closed circuit testimony itself shall not constitute part of the record on appeal except on motion for good cause shown.1
(cf: P.L.2013, c.51, s.16)
1[2.] 3.1 This act shall take effect immediately.