Bill Text: NJ A4208 | 2014-2015 | Regular Session | Introduced
Bill Title: Prohibits award of custody or visitation rights to persons convicted of certain sex crimes against minors.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2015-02-23 - Introduced, Referred to Assembly Judiciary Committee [A4208 Detail]
Download: New_Jersey-2014-A4208-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Prohibits award of custody or visitation rights to persons convicted of certain sex crimes against minors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning sex crimes against minors and parental rights and amending P.L.1995, c.55.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1995, c.55 (C.9:2-4.1) is amended to read as follows:
1. a. Notwithstanding any provision of law to the contrary, a person convicted of sexual assault under N.J.S.2C:14-2, or an equivalent crime under the laws of another jurisdiction, shall not be awarded the custody of or visitation rights to any minor child, including a minor child who was born as a result of or was the victim of the sexual assault, except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded. However, a court that awards such custody or visitation rights to a person convicted of sexual assault under N.J.S.2C:14-2 shall stay enforcement of the order or judgment for at least 10 days in order to permit the appeal of the order or judgment and application for a stay in accordance with the Rules of Court.
b. (1) Notwithstanding any provision of law to the contrary, a person [convicted of sexual contact under N.J.S.2C:14-3 or endangering the welfare of a child under N.J.S.2C:24-4 ] shall not be awarded the custody of or visitation rights to any minor child, except upon a showing by clear and convincing evidence that it is in the best interest of the child for such custody or visitation rights to be awarded, if the person is convicted of any of the following crimes or an equivalent crime under the laws of another jurisdiction:
(a) First degree kidnapping under paragraph (2) of subsection c. of N.J.S.2C:13-1;
(b) Criminal sexual contact under N.J.S.2C:14-3;
(c) Luring or enticing a child under P.L.1993, c.291 (C.2C:13-6) if that person has also any time been convicted under N.J.S.2C:14-2, or subsection a. of N.J.S.2C:14-3, or N.J.S.2C:24-4;
(d) Human trafficking under paragraph (1) of subsection a. of P.L.2005, c.77, s.1 (C.2C:13-8) if the person is convicted of knowingly holding, recruiting, luring, enticing, harboring, transporting, providing or obtaining, by any means, another, to engage in sexual activity as defined in paragraph (2) of subsection a. of N.J.S.2C:34-1;
(e) Lewdness under paragraph (1) of subsection b. of N.J.S.2C:14-4; or
(f) Promoting prostitution of a child under the age of 18,
promoting prostitution of the actor's child, or engaging in prostitution with a child under the age of 18 under paragraphs (3), (4), or (7) of subsection b. of N.J.S.2C:34-1.
(2) [However, a] A court that awards [such] custody or visitation rights to a person convicted of the crimes set forth in paragraph (1) of this subsection [sexual contact under N.J.S.2C:14-3 or endangering the welfare of a child under N.J.S.2C:24-4] shall stay enforcement of the order or judgment for at least 10 days in order to permit the appeal of the order or judgment and application for a stay in accordance with the Rules of Court.
c. A denial of custody or visitation under this section shall not by itself terminate the parental rights of the person denied visitation or custody, nor shall it affect the obligation of the person to support the minor child.
d. In any proceeding for establishment or enforcement of such an obligation of support the victim shall not be required to appear in the presence of the obligor and the victim's and child's whereabouts shall be kept confidential.
(cf: P.L.1999, c.424)
2. This act shall take effect immediately.
STATEMENT
This bill expands the types of crimes for which a conviction would prohibit an award of custody of or visitation rights to a child. The bill is similar to legislation recently enacted in Oklahoma.
Under current law, pursuant to subsection a. of N.J.S.A.9:2-4.1, a person convicted of sexual assault shall not be awarded custody of or visitation rights to any minor child, including a minor child who was born as a result of or was the victim of the sexual assault, except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded. Pursuant to subsection b. of N.J.S.A.9:2-4.1, except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded, a person convicted of sexual contact or of endangering the welfare of a child shall not be awarded custody of or visitation rights to any minor child.
The bill would add additional criminal acts of a sexual nature to the statute. Under the bill, additional crimes for which a conviction would prohibit an award of custody of or visitation rights to a child, except upon a showing by clear and convincing evidence that it is in the best interest of the child for custody or visitation rights to be awarded, include: first degree kidnapping under paragraph (2) of subsection c. of N.J.S.A.2C:13-1; criminal sexual contact under N.J.S.2C:14-3; luring or enticing a child under N.J.S.A.2C:13-6 when the person convicted has also any time been convicted under N.J.S.A.2C:14-2, subsection a. of N.J.S.A.2C:14-3, or N.J.S.A.2C:24-4; human trafficking under N.J.S.A.2C:13-8 when the conviction is based on the person knowingly holding, recruiting, luring, enticing, harboring, transporting, providing or obtaining, by any means, another, to engage in sexual activity as defined in paragraph (2) of subsection a. of N.J.S.A.2C:34-1; lewdness under paragraph (1) of subsection b. of N.J.S.A.2C:14-4; promoting prostitution of the actor's child or a child under the age of 18, or engaging in prostitution with a child under the age of 18 under paragraphs (3), (4), or (7) of subsection b. of N.J.S.A.2C:34-1.
This bill would take effect immediately.
