New Jersey-2020-A4316-Introduced

An Act concerning the establishment of a telephone hotline and secure web portal for reporting incidents of inappropriate sexual conduct by persons in certain positions of authority or trust and supplementing P.L.1985, c.404 (C.52:4B-39 et seq.).

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

1. a. The Attorney General shall, through the Office of Victim-Witness Advocacy in the Division of Criminal Justice in the Department of Law and Public Safety, establish and maintain a toll-free telephone hotline service and secure web portal through which persons may report incidents of sexual harassment, sexual violence, or other inappropriate conduct of a sexual nature that are perpetrated by any of the following individuals:

(1) a sexual assault nurse examiner, certified pursuant to section 5 of P.L.2001, c.81 (C.52:4B-53);

(2) a judge of the Law Division or the Appellate Division of the Superior Court, the New Jersey Supreme Court, or the Office of Administrative Law;

(3) a person serving in any State or local elective public office;

(4) a law enforcement officer, which shall include any person employed as a permanent full-time member of any State, county or municipal law enforcement agency, department, or division of those governments who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the criminal laws of this State or of the United States and statutorily required to successfully complete a training course approved by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), or certified by the commission as being substantially equivalent to an approved course. "Law enforcement officer" shall also include any special law enforcement officer as described under section 4 of P.L.1985, c.439 (C.40A:14-146.11);

(5) a person serving as a municipal prosecutor pursuant to section 4 of P.L.1999, c.349 (C.2B:25-4), as a county prosecutor, first assistant prosecutor, or assistant prosecutor as defined under N.J.S.2A:158-1 et seq., or as a temporary prosecutor appointed pursuant to N.J.S.2A:158-9; or

(6) a physician licensed pursuant to Title 45 of the Revised Statutes who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding a patient's illness, disease, or condition, or any physician assistant who meets the qualifications under P.L.1991, c.378 (C.45:9-27.10 et seq.) and holds a current, valid license issued pursuant to section 4 of P.L.1991, c.378 (C.45:9-27.13).

The secure web portal may be established by way of an electronic mail account, if necessary.

b. The hotline service and web portal shall include among its staff persons who speak English and Spanish.

Staff members shall be trained by any appropriate person, agency, or organization so appointed by the Attorney General and, to the greatest extent possible, shall include at least one person with expertise or education in the area of sexual violence prevention, victim assistance, or providing essential services, including counseling services, to survivors of sexual violence.

Staff members shall provide to each person utilizing the hotline or web portal an explanation of the general protocol in processing each call or electronic submission, an estimation of the length of time after which the person should expect to receive a response if one is required, and a referral concerning available resources as appropriate.

c. To ensure the integrity of the telephone hotline, the Attorney General shall, to the greatest extent consistent with this section and any other applicable law, provide for the confidentiality of the names of those reporting conduct and any referrals for counseling or other professional assistance; provided, however, that the Attorney General may, by rule and regulation, establish a protocol and guidelines for referral to any appropriate authority or agency, or to persons acting in a supervisory capacity over the accused.

d. The rules and regulations established pursuant to this section shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

2. This act shall take effect immediately.

STATEMENT

This bill establishes a telephone hotline and secure web portal for reporting incidents of inappropriate sexual conduct by persons in certain positions of authority or trust.

The bill directs the Attorney General, through the Office of Victim-Witness Advocacy, to establish and maintain a toll-free telephone hotline service and secure web portal through which incidents of sexual harassment, sexual violence, or other inappropriate conduct of a sexual nature committed by certain individuals may be reported. Those individuals include:

(1) a sexual assault nurse examiner;

(2) a judge of the Superior Court, Supreme Court, or Office of Administrative Law;

(3) a person serving in any State or local elective public office;

(4) a law enforcement officer;

(5) a municipal, county, first assistant, or assistant prosecutor; or

(6) a physician or physician assistant.

The secure web portal may be established by way of an electronic mail account, if necessary.

The bill requires that the staff operating the hotline or portal is to include at least one person with expertise or education in the area of sexual violence prevention, victim assistance, or providing essential services, including counseling services, to survivors of sexual violence. Staff members are to provide to each person utilizing the hotline or web portal an explanation of the general protocol in processing each call or electronic submission, an estimation of the length of time after which the person should expect to receive a response if one is required, and a referral concerning available resources as appropriate.

The bill mandates that the Attorney General, to the greatest extent possible, provide for the confidentiality of the names of those reporting conduct and any referrals for counseling or other professional assistance, except that the Attorney General may establish a protocol and guidelines for referral to any appropriate authority or agency, or to persons acting in a supervisory capacity over the accused.