Bill Text: NJ A3048 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires employers to report certain allegations of sexual assault.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-20 - Introduced, Referred to Assembly Labor Committee [A3048 Detail]
Download: New_Jersey-2020-A3048-Introduced.html
Sponsored by:
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
SYNOPSIS
Requires employers to report certain allegations of sexual assault.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning sexual assaults occurring at places of employment, and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any law or regulation to the contrary, in the event that an employer receives a report of an alleged sexual assault made by a consumer or employee against another consumer or employee, the employer shall, within 24 hours of receiving the report, notify the local law enforcement agency or the county prosecutor, in the jurisdiction in which the alleged sexual assault occurred, of the allegation. In the case of an employer notifying a local law enforcement agency as required by this subsection, the local law enforcement agency shall notify the county prosecutor for purposes of providing services under section 2 of this act.
b. In addition to any other penalty provided by law, an employer which fails to notify the local law enforcement agency or the county prosecutor of an alleged sexual assault as required pursuant to subsection a. of this section shall be subjected to a civil penalty of $10,000.
c. The civil penalty prescribed pursuant to subsection b. of this section shall be collected and enforced by summary proceedings pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
d. Nothing in this section shall be construed to preclude, or in any way restrict, an employer from responding to and investigating an allegation of sexual assault for the purpose of imposing disciplinary action on the alleged perpetrator of the assault. Nothing in this section shall interfere with the discretion of a local law enforcement agency or a county prosecutor to allocate resources for investigations of crimes.
e. As used in this section:
"Consumer" means a natural person.
"Employer" means any person, corporation, partnership, individual proprietorship, joint venture, firm, company, or other similar legal entity who engages the services of an employee and who pays the employee's wages, salary, or other compensation, and any person, agent, representative, or designee of the employer, exercising supervision of employees on an employer's behalf, in this State.
2. a. In the event that a county prosecutor receives a report from an employer or local law enforcement agency concerning an alleged sexual assault pursuant to section 1 of this act, upon the request of the accuser the county prosecutor shall immediately appoint an advocate through the Sexual Assault Response Team established pursuant to section 6 of P.L.2001, c.81 (C.52:4B-54) for the duration of the employer's investigation of the allegation of sexual assault.
b. The advocate shall notify the sexual assault victim of the existing available services, including but not limited to, medical treatment, counseling, legal options, forensic medical services, and mental health services for victims of sexual assault.
3. This act shall take effect immediately.
STATEMENT
This bill requires employers to report certain allegations of sexual assault to a local law enforcement agency or county prosecutor.
Under the bill, an employer that receives a report of an alleged sexual assault made by a consumer or employee against another consumer or employee, must, within 24 hours of receiving the report, notify the local law enforcement agency or the county prosecutor, in the jurisdiction in which the alleged sexual assault occurred, of the allegation. An employer that fails to notify the local law enforcement agency or the county prosecutor of an alleged sexual assault will be subject to a civil penalty of $10,000.
In the event that a country prosecutor receives notification of an allegation of sexual assault pursuant to the provisions of the bill, upon the request of the accuser the county prosecutor is required to immediately appoint an advocate through the Sexual Assault Response Team for the duration of the employer's investigation of the allegation of sexual assault. The advocate will notify the sexual assault victim of the existing available services, including, but not limited to, medical treatment, counseling, legal options, forensic medical services, and mental health services for victims of sexual assault.
