Bill Text: NJ A1657 | 2012-2013 | Regular Session | Introduced


Bill Title: Requires mandatory sexual violence training for law enforcement, judicial and prosecutorial personnel.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-02-21 - Withdrawn from Consideration [A1657 Detail]

Download: New_Jersey-2012-A1657-Introduced.html

ASSEMBLY, No. 1657

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

 

Co-Sponsored by:

Assemblywoman Vainieri Huttle

 

 

 

 

SYNOPSIS

     Requires mandatory sexual violence training for law enforcement, judicial and prosecutorial personnel.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning sexual violence training and supplementing chapter 14 of Title 2C of the New Jersey Statutes.

 

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

 

     1.    The Legislature finds and declares that acts of sexual violence are serious and prevalent crimes in the State of New Jersey and continue to remain the most under reported crimes throughout the nation.  Additionally, the Legislature acknowledges that many victims choose not to report these crimes due to their fears of the criminal justice system.  Therefore, it is the public policy of this State to mandate that all law enforcement, judicial and prosecutorial personnel be trained in and educated about the dynamics of sexual violence and the importance of utilizing a victim-centered approach in order to decrease the stigmatization of such crimes.  These measures will create an environment that encourages victims to report crimes of sexual violence to law enforcement and participate in the criminal justice process.

 

     2.    a.  The Division of Criminal Justice, in consultation with the Division on Women in the Department of Community Affairs and the New Jersey Coalition Against Sexual Assault, shall develop and approve a training course and curriculum on the handling, investigation and response procedures concerning reports of sex offenses.

     b.    This training shall include information concerning the impact of sexual violence on society, dynamics of sexual violence and victim impact, victims' right to rape care advocacy before and during any investigatory process, statutory and case law concerning sexual violence, medical and forensic exam procedures, policies and procedures as promulgated or ordered by the Attorney General or the Supreme Court, and use of available community resources, support services, available sanctions and treatment options.  The training course shall be reviewed at least every two years and modified as needed by the Division of Criminal Justice, in consultation with the New Jersey Coalition Against Sexual Assault.  The Division of Criminal Justice shall distribute the curriculum to all local police agencies and county prosecutors.

     c.     The Attorney General shall ensure that all law enforcement officers and prosecutors attend the initial training within 90 days of appointment or transfer and annual inservice training of a minimum of four hours as described in this section.

 

     3.    a.  The Administrative Office of the Courts, in consultation with the Division on Women in the Department of Community Affairs and the New Jersey Coalition Against Sexual Assault, shall develop and approve a training course and curriculum on the handling, investigation and response procedures concerning allegations of sex offenses.

     b.    The training shall include information concerning the impact of sexual violence on society, dynamics of sexual violence and victim impact, victims' right to rape care advocacy before and during any investigatory process, statutory and case law concerning sexual violence, medical and forensic examination procedures, policies and procedures as promulgated or ordered by the Attorney General or the Supreme Court, and use of available community resources, support services, available sanctions and treatment options.  The training course shall be reviewed at least every two years and modified as needed by the Administrative Office of the Courts, in consultation with the New Jersey Coalition Against Sexual Assault.

     c.     The Administrative Director of the Courts shall ensure that all judges and judicial personnel attend the initial training within 90 days of appointment or transfer and annual inservice training as described in this section.

 

     4.    This act shall take effect on the first day of the sixth month after enactment.

 

 

STATEMENT

 

     This bill requires the Division of Criminal Justice in consultation with the Division on Women in the Department of Community Affairs and the  New Jersey Coalition Against Sexual Assault to develop and approve for all law enforcement officers and prosecutors a training course and curriculum on the handling, investigation and response procedures concerning reports of sexual offenses.  The bill also requires the Administrative Office of the Courts in consultation with the Division on Women in the Department of Community Affairs and the New Jersey Coalition Against Sexual Assault to develop and approve such a program for all judges and judicial personnel.

     The training would include information concerning the impact of sexual violence on society, dynamics of sexual violence and victim impact, victims' right to rape care advocacy before and during any investigatory process, statutory and case law concerning sexual violence, medical and forensic exam procedures, policies and procedures as promulgated or ordered by the Attorney General or the Supreme Court, and use of available community resources, support services, available sanctions and treatment options.  The training course would be reviewed at least every two years and modified as needed.

     All law enforcement officers, prosecutors, judges and judicial personnel would be required to attend initial training within 90 days of appointment or transfer.  They also would be required to attend in service training on an annual basis.

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