Bill Text: NJ A564 | 2010-2011 | Regular Session | Introduced
Bill Title: Adds contact via electronic device to prohibited contact enumerated in permanent restraining orders for convicted stalkers.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Failed) 2010-01-25 - Withdrawn from Consideration [A564 Detail]
Download: New_Jersey-2010-A564-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
Assemblywoman LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblyman Coutinho, Assemblywomen Quijano and Casagrande
SYNOPSIS
Adds contact via electronic device to prohibited contact enumerated in permanent restraining orders for convicted stalkers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning stalkers and amending P.L.1996, c.39.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1996, c.39 (C.2C:12-10.1) is amended to read as follows:
3. a. A judgment of conviction for stalking shall operate as an application for a permanent restraining order limiting the contact of the defendant and the victim who was stalked.
b. A hearing shall be held on the application for a permanent restraining order at the time of the verdict or plea of guilty unless the victim requests otherwise. This hearing shall be in Superior Court. A permanent restraining order may grant the following specific relief:
(1) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim.
(2) An order restraining the defendant from making contact with the victim, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact , or contact via electronic device, with the victim, the victim's employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim. As used in this paragraph, "communication" shall have the same meaning as defined in subsection q. of N.J.S. 2C:1-14.
c. The permanent restraining order entered by the court subsequent to a conviction for stalking as provided in this act may be dissolved upon the application of the stalking victim to the court which granted the order.
d. Notice of permanent restraining orders issued pursuant to this act shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.
e. Any permanent restraining order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers.
f. A violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection a. of N.J.S.2C:29-9 and each order shall so state. Violations of these orders may be enforced in a civil or criminal action initiated by the stalking victim or by the court, on its own motion, pursuant to applicable court rules. Nothing in this act shall preclude the filing of a criminal complaint for stalking based on the same act which is the basis for the violation of the permanent restraining order.
(cf: P.L.1996, c.39, s.3)
2. This act shall take effect on the 60th day following enactment.
STATEMENT
This bill would increase the amount of relief a victim of stalking would receive under a permanent restraining order. This bill amends N.J.S.A.2C:12-10.1 to expand the list of prohibited contact to include "contact via electronic device." The bill also provides that the term "communication," as used in the bill, would have the same meaning as in subsection q. of N.J.S.2C:1-14. This subsection defines "communication" to mean any form of communication made by any means, including, but not limited to, any verbal or written communication, communications conveyed by any electronic communication device, which includes but is not limited to, a wire, radio, electromagnetic, photoelectric or photo-optical system, telephone, including a cordless, cellular or digital telephone, computer, video recorder, fax machine, pager, or any other means of transmitting voice or data and communications made by sign or gesture.
