Bill Text: NJ A3239 | 2024-2025 | Regular Session | Introduced
Bill Title: Expands definition of victim of domestic violence.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Judiciary Committee [A3239 Detail]
Download: New_Jersey-2024-A3239-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman AURA K. DUNN
District 25 (Morris and Passaic)
SYNOPSIS
Expands definition of victim of domestic violence.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning victims of domestic violence and amending P.L.1991, c.261.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1991, c.261 (C.2C:25-19) is amended to read as follows:
3. As used in this act:
a. "Domestic violence" means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor:
(1) Homicide N.J.S.2C:11-1 et seq.
(2) Assault N.J.S.2C:12-1
(3) Terroristic threats N.J.S.2C:12-3
(4) Kidnapping N.J.S.2C:13-1
(5) Criminal restraint N.J.S.2C:13-2
(6) False imprisonment N.J.S.2C:13-3
(7) Sexual assault N.J.S.2C:14-2
(8) Criminal sexual contact N.J.S.2C:14-3
(9) Lewdness N.J.S.2C:14-4
(10) Criminal mischief N.J.S.2C:17-3
(11) Burglary N.J.S.2C:18-2
(12) Criminal trespass N.J.S.2C:18-3
(13) Harassment N.J.S.2C:33-4
(14) Stalking P.L.1992, c.209 (C.2C:12-10)
(15) Criminal coercion N.J.S.2C:13-5
(16) Robbery N.J.S.2C:15-1
(17) Contempt of a domestic violence order pursuant to subsection b. of N.J.S.2C:29-9 that constitutes a crime or disorderly persons offense
(18) Any other crime involving risk of death or serious bodily injury to a person protected under the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.)
(19) Cyber-harassment P.L.2013, c.272 (C.2C:33-4.1)
When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute "domestic violence," but may be the basis for the filing of a petition or complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30).
b. "Law enforcement agency" means a department, division, bureau, commission, board or other authority of the State or of any political subdivision thereof which employs law enforcement officers.
c. "Law enforcement officer" means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest and conviction of offenders against the laws of this State.
d. "Victim of domestic violence" means a person protected under this act and shall include:
(1) any person who is [18] 16 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by:
(a) a spouse[,];
(b) former spouse[,]; or
(c) any other person [who is a present household member or was at any time a household member. "Victim of domestic violence" also includes] with whom the victim resides or has resided, at any time in the past;
(2) any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant[. "Victim of domestic violence" also includes] ;
(3) any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship; and
(4) any person who is a parent of an adopted child who has been subjected to domestic violence by the person whose parental rights towards the adopted child have been terminated.
e. "Emancipated minor" means a person who is under 18 years of age but who has been married, has entered military service, has a child or is pregnant or has been previously declared by a court or an administrative agency to be emancipated.
(cf: P.L.2016, c.77, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill expands the definition of victim of domestic violence to include new categories of victims and clarifies one of the relationships of the victim to the abuser.
Under current law, a victim of domestic violence is defined to include: (1) any person who 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present household member or was at any time a household member; (2) any person who has been subjected to domestic violence by a person with whom the victim has a child in common or with whom the victim anticipates having a child in common if one of the parties is pregnant; (3) and any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
The bill amends current law to expand the categories of victims to include any person who is 16 of age or older, instead of 18 years of age or older, who meets the aforementioned criteria and any person who is the parent of an adopted child who has been subjected to domestic violence by the person whose parental rights towards the adopted child has been terminated. The bill also clarifies the relationships of certain victims to their abuser to include any person with whom the victim resides or has resided, at any time in the past.
The amendments to current law included in this bill incorporate recommendations made by the New Jersey Law Revision Commission, as a part of its February 8, 2021 Draft Tentative Report Relating to the Term "Household Members" as used in the "Prevention of Domestic Violence Act of 1991."
It is the sponsor's intent that this expansion of the statute will protect additional victims of domestic violence, otherwise not protected by law, including residents of group homes or other communal living arrangements and adoptive parents in the legal classifications identified in the bill.
