Bill Text: NJ A5387 | 2018-2019 | Regular Session | Amended
Bill Title: Establishes presumption that VCCO will order payment to victim of crime.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2019-06-20 - Received in the Senate, Referred to Senate Law and Public Safety Committee [A5387 Detail]
Download: New_Jersey-2018-A5387-Amended.html
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Co-Sponsored by:
Assemblywoman Vainieri Huttle
SYNOPSIS
Establishes presumption that VCCO will order payment to victim of crime.
CURRENT VERSION OF TEXT
As reported by the Assembly Law and Public Safety Committee on June 13, 2019, with amendments.
An Act concerning victim compensation and amending P.L.1971, c.317.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.1971, c.317 (C.52:4B-10) is amended to read as follows:
10. In any case in which a person is injured or killed by any act or omission of any other person which is within the description of the offenses listed in section 11 of P.L.1971, c.317, the [agency] Victims of Crime Compensation Office may, upon application, order the payment of compensation in accordance with the provisions of P.L.1971, c.317:
a. to or on behalf of the victim,
b. in the case of the personal injury of the victim, where the compensation is for pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the victim, to that person, or
c. in the case of the death of the victim, to or for the benefit of the dependents of the deceased victim, or any one or more of [such] those dependents.
In determining whether to make an order under this section, the [agency] office may consider any circumstances it determines to be relevant, including provocation, consent, or the behavior of the victim which directly or indirectly contributed to [his] the victim's injury or death, the prior case history, if any, of the victim 1,1 and any other relevant matters; provided, however, there shall be a presumption that the office will order the payment of compensation.
An order may be made under this section whether or not any person is prosecuted or convicted of any offense arising out of [such] an act or omission. Upon application made by an appropriate prosecuting authority, the 1[agency] office1 may suspend proceedings under P.L.1971, c.317 for [such] any period 1[as]1 it deems appropriate on the ground that a prosecution for an offense arising out of [such] an act or omission has been commenced or is imminent.
For the purposes of P.L.1971, c.317, a person shall be deemed to have intended an act or omission notwithstanding that by reason of age, insanity, or otherwise, [he] the person was legally incapable of forming a criminal intent.
(cf: P.L.2007, c.95, s.12)
2. This act shall take effect immediately.
