§10

Repealer

§11

Note to §§1-9

 

P.L. 2023, CHAPTER 127, approved July 24, 2023

Senate, No. 1517 (Third Reprint)

 

 

An Act concerning ¹[restraining order protections] protective orders for certain victimized persons¹, ³[supplementing Title 2C of the New Jersey Statutes¹,] amending various parts of the statutory law,³ and repealing section 2 of P.L.1999, c.47.

 

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

 

      ³[1.  ¹(New section)¹ a.  ¹[A plaintiff]  (1) (a) Any person alleging to be a victim of any of the offenses set forth in subparagraph (b) of this paragraph, or any attempt thereof, and who is not eligible for relief under the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.),¹ may ¹, except as provided in subsection b. of this section,¹ file ¹[a complaint] an application¹ with the Superior Court in conformity with the Rules of Court alleging ¹[that he is a victim of any of the offenses set forth in subsection b. of this section] the commission or attempted commission of the offense¹ and requesting that the court issue a temporary ¹[restraining] protective¹ order ¹[against the defendant which limits the contact of the defendant and the plaintiff]. 

      (b)  A person may apply for a protective order pursuant to this section based upon the allegation of the commission or attempted commission of any of the following offenses:

      (i)  Stalking  P.L.1992, c.209 (C.2C:12-10)

      (ii)  Cyber-harassment  P.L.2013, c.272 (C.2C:33-4.1)

      (iii)  Sexual assault  N.J.S.2C:14-2

      (iv)  Criminal sexual contact  N.J.S.2C:14-3.

      (2)  Except as provided in subsection b. of this section, an application for relief under P.L.    , c.   (C.        ) (pending before the Legislature as this bill) may be filed by the alleged victim's parent or guardian on behalf of the alleged victim in any case in which the alleged victim:

      (a)  is less than 18 years of age; or

      (b)  has a developmental disability as defined in section 3 of P.L.1977, c.200 (C.5:5-44.4) or a mental disease or defect that renders the alleged victim temporarily or permanently incapable of understanding the nature of the alleged conduct that is the subject of the application¹.

      b.  ¹[A temporary restraining order may be issued by the court upon an allegation that the defendant committed any of the following offenses:]¹

      (1)  ¹[Assault N.J.S.2C:12-1

      (2)  Terroristic threats N.J.S.2C:12-3

      (3)  Kidnapping N.J.S.2C:13-1

      (4)  Criminal restraint N.J.S.2C:13-2

      (5)  False imprisonment N.J.S.2C:13-3

      (6)  Sexual assault N.J.S.2C:14-2

      (7)  Criminal sexual contact N.J.S.2C:14-3

      (8)  Lewdness N.J.S.2C:14-4

      (9)  Criminal mischief N.J.S.2C:17-3

      (10)  Burglary N.J.S.2C:18-2

      (11)  Criminal trespass N.J.S.2C:18-3

      (12)  Harassment  N.J.S.2C:33-4

      (13)  Stalking P.L.1992, c.209 (C.2C:12-10)

      (14)  Criminal coercion    N.J.S.2C:13-5

      (15)  Robbery    N.J.S.2C:15-1

      (16)  Any other crime involving risk of death or serious bodily injury to a person protected under the provisions of P.L.    , c.   (C.          ) (pending before the Legislature as this bill)  

      (17)  Cyber-harassment P.L.2013, c.272 (C.2C:33-4.1)]

      When it is alleged that the offense set forth in subparagraph (b) of paragraph (1) of subsection a. of this section, or any attempt thereof, has been committed by an unemancipated minor, an applicant seeking a protective order shall not proceed under the provisions of P.L.    , c.   (C.        ) (pending before the Legislature as this bill) but may seek a protective order and other relief pursuant to the "New Jersey Code of Juvenile Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.), by filing a complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30).

      (2)  When it is alleged that the offense set forth in subparagraph (b) of paragraph (1) of subsection a. of this section, or any attempt thereof, has been committed against an unemancipated minor by a parent, guardian, or other person having care, custody and control of that child as defined in R.S.9:6-2, an applicant seeking a protective order shall not proceed under the provisions of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), but shall report the incident to the ²[Division of Child Protection and Permanency in the]² Department of Children and Families for ²[investigation and possible legal action by the division pursuant to R.S.9:6-1 et seq. or other applicable law, including, when appropriate, petitioning the Superior Court pursuant to P.L.1974, c.119 (C.9:6-8.21 et seq.) for a protective order and other relief on behalf of the applicant and the unemancipated minor.¹] appropriate action.²

        c.  ¹[In any case in which the alleged victim is a child under the age of 18 years or has a developmental disability as defined in section 3 of P.L.1977, c.200 (C.5:5-44.4), or the alleged victim is 18 years of age or older and has a mental disease or defect which renders the victim temporarily or permanently incapable of understanding the nature of the victim's conduct, including, but not limited to, being incapable of providing consent, the complaint may be filed by the alleged victim's parent or guardian on behalf of the alleged victim]

      (1) An applicant may seek a protective order pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill) and the court may issue an order regardless of whether criminal charges based on the incident were filed and regardless of the disposition of any charges.

      (2)  The filing of an application pursuant to this section shall not prevent the filing of a criminal complaint, or the institution or maintenance of a criminal prosecution based on the same act¹.

      d.   ¹[A complaint] The Superior Court shall waive any requirement that the applicant's or alleged victim's place of residence appear on the application.

      e.   An applicant may seek a protective order pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill) in the Superior Court of the county in which the alleged conduct occurred, in which the alleged actor resides, or in which the alleged victim resides or is sheltered.

      f.  (1) An application¹ seeking a temporary ¹[restraining] protective¹ order may be filed with the Superior Court in conformity with the Rules of Court.  The ¹[plaintiff] applicant¹ may seek emergency, ex parte relief ¹in order to obtain a temporary protective order¹.  A decision shall be made by the judge regarding the emergency relief forthwith.  If it appears that the ¹[plaintiff] alleged victim's safety or well-being¹ is in danger ¹[of the defendant committing any of the offenses listed in subsection b. of this section]¹, the judge shall issue a temporary ¹[restraining] protective¹ order pursuant to subsection ¹[f.] g.¹ of this section.

      ¹(2) An order for emergency, ex parte relief shall be granted upon good cause shown and shall remain in effect until a judge of the Superior Court issues a further order.  Any temporary protective order issued pursuant to this section is immediately appealable for a plenary hearing de novo on the record before any judge of the Superior Court of the county in which the alleged victim resides or is sheltered if that judge issued the temporary protective order or has access to the reasons for the issuance of the temporary protective order and sets forth in the record the reasons for the modification or dismissal.¹

      ¹[e. A conviction of an offense shall not be a prerequisite for the grant of a temporary or permanent restraining order under this act.]¹

      ¹[f.] g.¹ A temporary ¹[restraining] protective¹ order issued under ¹[this act] P.L.    , c.   (C.        ) (pending before the Legislature as this bill)¹ shall limit the contact of the ¹[defendant] alleged actor, now referred to as the respondent,¹ and the ¹[plaintiff] alleged victim¹ and in addition may grant all of the relief specified in section 2 of P.L.    , c.   (C.         ) (pending before the Legislature as this bill).

      ¹[g.] h.  A copy of the temporary protective order issued pursuant to this section shall be immediately forwarded to the police of the municipality where the alleged victim resides or is sheltered.  A copy of the temporary protective order shall also be forwarded to the sheriff of the county where the respondent resides for immediate service upon the respondent in accordance with the Rules of Court.  The court or the sheriff may coordinate service of the temporary protective order upon the respondent through the police in appropriate circumstances. If personal service cannot be effected upon the respondent, the court may order other appropriate substituted service.  At no time shall the alleged victim be asked or required to serve any order on the respondent.

      i.  Notice of temporary protective orders issued pursuant to this section 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 ²,² and any other appropriate law enforcement agency or court.

      j.  (1)¹  A hearing shall be held in the Superior Court within 10 days of the ¹[issuance] filing¹ of ¹[any] an application pursuant to this section in the county where the¹ temporary ¹[restraining] protective¹ order ¹[which]¹ was issued ¹[on an emergency, ex parte basis] , unless good cause is shown for the hearing to be held elsewhere¹.  A copy of the complaint shall be served on the ¹[defendant] respondent¹ in conformity with the Rules of Court. ¹If a criminal complaint arising out of the same incident which is the subject matter of an application for a protective order has been filed, testimony given by the applicant, the alleged victim, or the respondent in accordance with an application filed pursuant to this section shall not be used in the criminal proceeding against the respondent, other than contempt matters, and when it would otherwise be admissible hearsay under the rules of evidence that govern when a party is unavailable.

      (2)¹  At the hearing the standard for issuing a permanent ¹[restraining] protective¹ order shall be by a preponderance of the evidence.  ¹The court shall consider but not be limited to the following factors:

      (a)  the occurrence of one or more acts based on the offenses set forth in subparagraph (b) of paragraph (1) of subsection a. of this section, or any attempt thereof, against the alleged victim; and

      (b)  the possibility of future risk to the safety or well-being of the alleged victim.¹

      ¹[h.] k.¹ If the court rules that a permanent ¹[restraining] protective¹ order shall be issued, the order shall remain in effect until ¹[the plaintiff] further order of a judge of the Superior Court.  Either party¹, or the parent or guardian of the ¹[plaintiff in the case of a plaintiff] victim¹ who is a child, is developmentally disabled ²,² or has ¹a¹ mental disease or defect ¹[pursuant]¹ as described in ¹paragraph (2) of¹ subsection ¹[c.] a.¹ of this section, ¹[requests that] may file a petition with¹ the ¹[restraining] court to dissolve or modify a permanent protective¹ order ¹[be dismissed and the court finds just cause to do so] .  When considering a petition for dissolution or modification of a final protective order, the court shall conduct a hearing to consider whether a material change in circumstances has occurred since the issuance of the protective order which would make its continued enforcement inequitable, oppressive ²,² or unjust taking into account the current status of the parties, including the desire of the victim for the continuation of the protective order, the potential for contact between the parties, the history of the respondent's violations, if any, of the protective order or criminal convictions, and any other factors that the court may find relevant to protecting the safety or well-being of the victim¹.

      ¹[i.] l.¹  The provisions of ¹[this act] P.L.    , c.   (C.        ) (pending before the Legislature as this bill)¹ are in addition to, and not in lieu of, the provisions of section 3 of P.L.1996, c.39 (C.2C:12-10.1) which provide that 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.]³

 

     ³[2.  ¹(New section)¹ a.  A permanent ¹[restraining] protective¹ order issued pursuant to ¹[subsections g.  and h. of]¹ section 1 of P.L.    , c.   (C.         ) (pending before the Legislature as this bill) ¹[may] shall¹ grant the following specific relief:

     ¹(1)  prohibit the respondent from having contact with the victim; and

     (2)   prohibit the respondent from committing any future act as set forth in subparagraph (b) of paragraph (1) of subsection a. of section 1 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), or any attempt thereof, against the victim.

     b.  In addition to any relief provided to the victim under subsection a. of this section, a permanent protective order may include, but is not limited to, the following relief:

     (1)¹ An order ¹[restraining] prohibiting¹ the ¹[defendant] respondent¹ from entering the residence, property, school, or place of employment of the ¹[plaintiff] victim or the victim's family or household members,¹ and requiring the ¹[defendant] respondent¹ to stay away from any specified place that is named in the order and is frequented regularly by the ¹[plaintiff.] victim or the victim's family or household members;¹

     (2)   An order ¹[restraining] prohibiting¹ the ¹[defendant] respondent¹ from ¹[making] having any¹ contact with the ¹[plaintiff] victim or others¹, including an order forbidding the ¹[defendant] respondent¹ 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 ¹, or contact via electronic device,¹ with the ¹[plaintiff] victim or the victim's family members¹, ¹[the plaintiff's] or their¹ employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the ¹[plaintiff.] victim;

     (3) An order prohibiting the respondent from following, harassing, or threatening to harm, follow, or harass the victim.¹ 

     b.   Notice of permanent ¹[restraining] protective¹ orders issued pursuant to this act shall be sent by the clerk of the ¹[court] Superior Court¹ or other person designated by the court to the appropriate ¹county prosecutor,¹ chiefs of police, members of the State Police and any other appropriate law enforcement agency or court.

     c.   Any permanent ¹[restraining] protective¹ order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers.

     d. ¹(1)¹  A violation by the ¹[defendant] respondent¹ of an order issued pursuant to ¹[this act] section 1 or 2 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill)¹ shall constitute an offense under subsection a. of N.J.S.2C:29-9 and each order shall so state.  ¹[Violations of these orders may be enforced in a civil or criminal action initiated by the plaintiff or by the court, on its own motion, pursuant to applicable court rules.] If a law enforcement officer finds probable cause that a respondent has committed contempt of an order entered pursuant to P.L.    , c.   (C.        ) (pending before the Legislature as this bill), the respondent shall be arrested and taken into custody. The court shall determine whether the respondent shall be released pending trial or detained pending a pretrial detention hearing pursuant to sections 4 and 5 of P.L.2014, c.31 (C.2A:162-18 and 2A:162-19) and applicable court rules.      (2)¹ Nothing in ¹[this act] P.L.    , c.   (C.        ) (pending before the Legislature as this bill)¹  shall preclude the filing of a criminal complaint based on the same act which is the basis for the violation of the ¹[restraining] protective¹ order.]³

 

     ³1.   Section 1 of P.L.2015, c.147 (C.2C:14-13) is amended to read as follows:

     1.    P.L.2015, c.147 (C.2C:14-13 et al.) shall be known and may be cited as the "[Sexual Assault] Victim's Assistance and Survivor Protection Act [of 2015]."³

(cf: P.L.2015, c.147, s.1)

     ³2.  Section 2 of P.L.2015, c.147 (C.2C:14-14) is amended to read as follows:

      2.    Application for Temporary Protective Order.

     a. (1) Any person alleging to be a victim of nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or stalking or cyber-harassment, and who is not eligible for a restraining order as a "victim of domestic violence" as defined by the provisions of subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), may, except as provided in subsection b. of this section, file an application with the Superior Court pursuant to the Rules of Court alleging the commission of such conduct or attempted conduct and seeking a temporary protective order.

     As used in this section and in sections 3, 4, and 8 of P.L.2015, c.147 (C.2C:14-15, C.2C:14-16, and C.2C:14-20):

     "Sexual contact" means an intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor.

     "Sexual penetration" means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor's instruction.

     "Lewdness" means the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.

     "Intimate parts" means the following body parts:  sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.

     "Stalking" means purposefully or knowingly engaging in a course of conduct directed at or toward a person that would cause a reasonable person to fear for the reasonable person's own safety or the safety of a third person, or suffer other emotional distress, because the conduct involves: repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination threreof directed at or towards a person.

     "Repeatedly" means on two or more occasions.

     "Emotional distress" means significant mental suffering or distress.

     "Cause a reasonable person to fear" means to cause fear which a reasonable victim, similarly situated, would have under the circumstances.

     "Cyber-harassment" means conduct that occurs, while making one or more communications in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, that involves: threatening to inflict injury or physical harm to any person or the property of any person; knowingly sending, posting, commenting, requesting, suggesting, or proposing any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to the reasonable person; or threatening to commit any crime against a person or the person's property.

     (2)   Except as provided in subsection b. of this section, an application for relief under P.L.2015, c.147 (C.2C:14-13 et al.) may be filed by the alleged victim's parent or guardian on behalf of the alleged victim in any case in which the alleged victim:

     (a)   is less than 18 years of age; or

     (b)   has a developmental disability as defined in section 3 of P.L.1977, c.200 (C.5:5-44.4) or a mental disease or defect that renders the alleged victim temporarily or permanently incapable of understanding the nature of the alleged victim's conduct, including, but not limited to, being incapable of providing consent, or of understanding the nature of the alleged conduct that is the subject of the application.

     b. (1) When it is alleged that nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or stalking or cyber-harassment has been committed by an unemancipated minor, an applicant seeking a protective order shall not proceed under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.), but may seek a protective order and other relief under the "New Jersey Code of Juvenile Justice," P.L.1982, c.77 (C.2A:4A-20 et seq.) by filing a complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30).

     (2)   When it is alleged that nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or stalking or cyber-harassment has been committed against an unemancipated minor by a parent, guardian, or other person having care, custody and control of that child as defined in [N.J.S.9:6-2] R.S.9:6-2, an applicant seeking a protective order shall not proceed under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.), but shall report the incident to the [Division of Child Protection and Permanency in the] Department of Children and Families for [investigation and possible legal] appropriate action [by the division pursuant to R.S.9:6-1 et seq. or other applicable law, including, when appropriate, petitioning the Superior Court pursuant to P.L.1974, c.119 (C.9:6-8.21 et seq.) for a protective order and other relief on behalf of the applicant and the unemancipated minor].

     c. (1) An applicant may seek a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) and the court may issue such an order regardless of whether criminal charges based on the incident were filed and regardless of the disposition of any such charges.

     (2)   The filing of an application pursuant to this section shall not prevent the filing of a criminal complaint, or the institution or maintenance of a criminal prosecution based on the same act.

     d.    The court shall waive any requirement that the applicant's or alleged victim's place of residence appear on the application.

     e.     An applicant may seek a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) in a court having jurisdiction over the place where the alleged conduct or attempted conduct occurred, where the respondent resides, or where the alleged victim resides or is sheltered.

     f.     No fees or other costs shall be assessed against an applicant for seeking a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.).³

(cf: P.L.2016, c.93, s.1)

 

     ³3.  Section 3 of P.L.2015, c.147 (C.2C:14-15) is amended to read as follows:

     3.    Temporary Protective Order.

     a.     An applicant may seek emergency, ex parte relief in the nature of a temporary protective order. A judge of the Superior Court may enter an emergency ex parte order when necessary to protect the safety and well-being of an alleged victim on whose behalf the relief is sought. The court may grant any relief necessary to protect the safety and well-being of an alleged victim.

     b.    The court shall, upon consideration of the application, order emergency ex parte relief in the nature of a temporary protective order if the court determines that the applicant is a victim of nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or stalking or cyber-harassment, and qualifies for such relief pursuant to section 2 of P.L.2015, c.147 (C.2C:14-14). The court shall render a decision on the application and issue a temporary protective order, where appropriate, in an expedited manner.

     c.     The court may issue a temporary protective order, pursuant to court rules, upon sworn testimony or an application of an alleged victim who is not physically present, pursuant to court rules, or by a person who represents an alleged victim who is physically or mentally incapable of filing personally.  A temporary [restraining] protective order may be issued if the judge is satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant to appear personally and that sufficient grounds for granting the application have been shown.

     d.    An order for emergency, ex parte relief shall be granted upon good cause shown and shall remain in effect until a judge of the Superior Court issues a further order. Any temporary protective order issued pursuant to this section is immediately appealable for a plenary hearing de novo not on the record before any judge of the Superior Court of the county in which the alleged victim resides or is sheltered if that judge issued the temporary protective order or has access to the reasons for the issuance of the temporary protective order and sets forth in the record the reasons for the modification or dismissal.

     e.     A temporary protective order issued pursuant to this section may include, but is not limited to, the following emergency relief:

     (1)   an order prohibiting the respondent from committing or attempting to commit any future act of nonconsensual sexual contact, sexual penetration, [or] lewdness, [or any attempt at such conduct,] stalking, or cyber-harassment against the alleged victim;

     (2)   an order prohibiting the respondent from entering the residence, property, school, or place of employment of the victim or the victim's family or household members, and requiring the respondent to stay away from any specified place that is named in the order and is frequented regularly by the alleged victim or the alleged victim's family or household members;

     (3)   an order prohibiting the respondent from having any contact with the alleged victim or others, including an order forbidding the respondent 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 alleged victim or the alleged victim's family members, or their employers, employees, or fellow workers, an employee or volunteer of a sexual assault response entity that is providing services to an alleged victim, or others with whom communication would be likely to cause annoyance or alarm to the alleged victim;

     (4)   an order prohibiting the respondent from [stalking or] following, or threatening to harm, stalk, or follow, the alleged victim;

     (5)   an order prohibiting the respondent from committing or attempting to commit an act of harassment [, including an act of cyber-harassment,] against the alleged victim; and

     (6)   any other relief that the court deems appropriate.

     f.     A copy of the temporary protective order issued pursuant to this section shall be immediately forwarded to the police of the municipality in which the alleged victim resides or is sheltered.  A copy of the temporary protective order shall also be forwarded to the sheriff of the county in which the respondent resides for immediate service upon the respondent in accordance with the Rules of Court. The court or the sheriff may coordinate service of the temporary protective order upon the respondent through the police in appropriate circumstances.  If personal service cannot be effected upon the respondent, the court may order other appropriate substituted service. At no time shall the alleged victim be asked or required to serve any order on the respondent.

     g.    Notice of temporary protective orders issued pursuant to this section 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.³

(cf: P.L.2015, c.147, s.3)

 

     ³4.  Section 4 of P.L.2015, c.147 (C.2C:14-16) is amended to read as follows:

     4.    Final Protective Order.

     a.     A hearing shall be held in the Superior Court within 10 days of the filing of an application pursuant to section 3 of P.L.2015, c.147 (C.2C:14-15) in the county where the temporary protective order was [ordered] issued, unless good cause is shown for the hearing to be held elsewhere. A copy of the application shall be served on the respondent in conformity with the Rules of Court. If a criminal complaint arising out of the same incident which is the subject matter of an application for a protective order has been filed, testimony given by the applicant, the alleged victim, or the respondent in accordance with an application filed pursuant to this section shall not be used in the criminal proceeding against the respondent, other than contempt matters, and where it would otherwise be admissible hearsay under the rules of evidence that govern when a party is unavailable. At the hearing, the standard for proving the allegations made in the application for a protective order shall be a preponderance of the evidence. The court shall consider but not be limited to the following factors:

     (1)   the occurrence of one or more acts of nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or acts of stalking or cyber-harassment against the alleged victim; and

     (2)   the possibility of future risk to the safety or well-being of the alleged victim.

     b.    The court shall not deny relief under this section due to: the applicant's or alleged victim's failure to report the incident to law enforcement; the alleged victim's or the respondent's alleged intoxication; whether the alleged victim did or did not leave the premises to avoid nonconsensual sexual contact, sexual penetration, or lewdness, or an attempt at such conduct, or to avoid being stalked; or the absence of signs of physical injury to the alleged victim.

     c.     In any proceeding involving an application for a protective order pursuant to P.L.2015, c.147 (C.2C:14-13 et al.), evidence of the alleged victim's previous sexual conduct or manner of dress at the time of the incident shall not be admitted nor shall any reference made to such conduct or manner or dress, except as provided in N.J.S.2C:14-7.

     d.    The issue of whether an act alleged in the application for a protective order occurred, or whether an act of contempt under [paragraph (2) of] subsection [b.] d. of N.J.S.2C:29-9 occurred, shall not be subject to mediation or negotiation in any form.

     e.     A final protective order issued pursuant to this section shall be issued only after a finding or an admission is made that the respondent committed an act of nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, or committed stalking or cyber-harassment against the alleged victim.  A final protective order shall:

     (1)   prohibit the respondent from having contact with the victim; and

     (2)   prohibit the respondent from committing any future act of nonconsensual sexual contact, sexual penetration, [or] lewdness, stalking, or cyber-harassment, or any attempt at such conduct, against the victim.

     f.     In addition to any relief provided to the victim under subsection e. of this section, a final protective order issued pursuant to this section may include, but is not limited to, the following relief:

     (1)   an order prohibiting the respondent from entering the residence, property, school, or place of employment of the victim or the victim's family or household members, and requiring the respondent to stay away from any specified place that is named in the order and is frequented regularly by the victim or the victim's family or household members;

     (2)   an order prohibiting the respondent from having any contact with the victim or others, including an order forbidding the respondent 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 or the victim's family members or their employers, employees, or fellow workers; an employee or volunteer of a sexual assault response entity that is providing services to a victim; or others with whom communication would be likely to cause annoyance or alarm to the victim;

     (3)   an order prohibiting the respondent from [stalking or] following, or threatening to harm, stalk or follow, the victim;

     (4)   an order prohibiting the respondent from committing or attempting to commit an act of harassment [, including an act of cyber-harassment,] against the victim; and

     (5)   any other relief that the court deems appropriate.

     g.    A copy of the final protective order issued pursuant to this section shall be immediately forwarded to the police of the municipality in which the victim resides or is sheltered. A copy of the final protective order shall be forwarded to the sheriff of the county in which the respondent resides for immediate service upon the respondent in accordance with the Rules of Court. The court or the sheriff may coordinate service of the final protective order upon the respondent through the police in appropriate circumstances. If personal service cannot be effected upon the respondent, the court may order other appropriate substituted service. At no time shall the victim be asked or required to serve any order on the respondent.

     h.    Notice of a final protective order issued pursuant to this section shall be sent by the clerk of the Superior Court or other person designated by the court to the appropriate county prosecutor, the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency.  Notice of the issuance of a final protective order shall also be provided to the Division of Child Protection and Permanency in the Department of Children and Families where the victim is less than 18 years of age.

     i.     A final protective order issued pursuant to this section shall remain in effect until further order of a judge of the Superior Court. Either party may file a petition with the court to dissolve or modify a final protective order.  When considering a petition for dissolution or modification of a final protective order, the court shall conduct a hearing to consider whether a material change in circumstances has occurred since the issuance of the protective order which would make its continued enforcement inequitable, oppressive or unjust taking into account the current status of the parties, including the desire of the victim for the continuation of the protective order, the potential for contact between the parties, the history of the respondent's violations of the protective order or criminal convictions, and any other factors that the court may find relevant to protecting the safety and well-being of the victim.³

(cf: P.L.2015, c.147, s.4)

 

      ³[¹3.] 5.³   Section 8 of P.L.2015, c.147 (C.2C:14-20) is amended to read as follows:

     8.    The Administrative Office of the Courts shall establish and maintain a central registry of all protective orders issued pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) ³[and P.L.    , c.   (C.        ) (pending before the Legislature as this bill)]³ and all persons who have been charged with a violation of such a protective order. All records made pursuant to this section shall be kept confidential and shall be released only to:

     a.     A public agency authorized to investigate a report of nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such conduct, ³[any offense set forth in subparagraph (b) of paragraph (1) of subsection a. of section 1 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), or any attempt at such conduct,] stalking, cyber-harassment,³ or domestic violence;

     b.    A police or other law enforcement agency for official purposes; 

     c.     A court, upon its finding that access to such records may be necessary for determination of an issue before the court;

     d.    A surrogate, in that person's official capacity as deputy clerk of the Superior Court, in order to prepare documents that may be necessary for a court to determine an issue in an adoption proceeding; or

     e.     The Division of Child Protection and Permanency in the Department of Children and Families when the division is conducting a background investigation involving:

     (1)   an allegation of child abuse or neglect, to include any adult member of the same household as the individual who is the subject of the abuse or neglect allegation; or

     (2)   an out-of-home placement for a child being placed by the Division of Child Protection and Permanency, to include any adult member of the prospective placement household.

     Any individual, agency, or court which receives from the Administrative Office of the Courts the records referred to in this section shall keep the records and reports, or parts thereof, confidential and shall not disseminate or disclose such records and reports, or parts thereof; provided that nothing in this section shall prohibit a receiving individual, agency, surrogate or court from disclosing records and reports, or parts thereof, in a manner consistent with and in furtherance of the purpose for which the records and reports or parts thereof were received.

     Any individual who disseminates or discloses a record or report, or parts thereof, of the central registry, other than for an official purpose authorized by this section, for the investigation of an alleged violation of a protective order issued pursuant to P.L.2015, c.147 (C.2C:14-13 et al.) ³[or P.L.    , c.     (C.        ) (pending before the Legislature as this bill)]³, conducting a background investigation involving a person's application for employment at a police or law enforcement agency, making a determination of an issue before the court, conducting a background investigation as specified in subsection e. of this section, or for any other purpose other than that which is authorized by law, the Rules of Court or court order, shall be guilty of a crime of the fourth degree.¹

(cf: P.L.2015, c.147, s.8)

 

      ¹[3.] ³[4.¹  The Supreme Court may adopt Rules of Court to implement the purposes of this act.]³

 

     ³6.  N.J.S.2C:58-3 is amended to read as follows:

     2C:58-3.  a.  Permit to purchase a handgun.

     (1) A person shall not sell, give, transfer, assign or otherwise dispose of, nor receive, purchase, or otherwise acquire a handgun unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or has first secured a permit to purchase a handgun as provided by this section.

     (2) A person who is not a licensed retail dealer and sells, gives, transfers, assigns, or otherwise disposes of, or receives, purchases or otherwise acquires a handgun pursuant to this section shall conduct the transaction through a licensed retail dealer.

     The provisions of this paragraph shall not apply if the transaction is:

     (a) between members of an immediate family as defined in subsection n. of this section;

     (b) between law enforcement officers;

     (c) between collectors of firearms or ammunition as curios or relics as defined in Title 18, U.S.C. section 921(a)(13) who have in their possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; or

     (d) a temporary transfer pursuant to section 1 of P.L.1992, c.74 (C.2C:58-3.1) or section 1 of P.L.1997, c.375 (C.2C:58-3.2).

     (3) Prior to a transaction conducted pursuant to this subsection, the retail dealer shall complete a National Instant Criminal Background Check of the person acquiring the handgun.  In addition:

     (a) the retail dealer shall submit to the Superintendent of State Police, on a form approved by the superintendent, information identifying and confirming the background check;

     (b) every retail dealer shall maintain a record of transactions conducted pursuant to this subsection, which shall be maintained at the address displayed on the retail dealer's license for inspection by a law enforcement officer during reasonable hours;

     (c) a retail dealer may charge a fee for a transaction conducted pursuant to this subsection; and

     (d) any record produced pursuant to this subsection shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).

     b.    Firearms purchaser identification card.

     (1) A person shall not sell, give, transfer, assign or otherwise dispose of nor receive, purchase or otherwise acquire an antique cannon or a rifle or shotgun, other than an antique rifle or shotgun, unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or possesses a valid firearms purchaser identification card, and first exhibits the card to the seller, donor, transferor or assignor, and unless the purchaser, assignee, donee, receiver or holder signs a written certification, on a form prescribed by the superintendent, which shall indicate that the person presently complies with the requirements of subsection c. of this section and shall contain the person's name, address and firearms purchaser identification card number or dealer's registration number.  The certification shall be retained by the seller, as provided in paragraph (4) of subsection a. of N.J.S.2C:58-2, or, in the case of a person who is not a dealer, it may be filed with the chief police officer of the municipality in which the person resides or with the superintendent.

     (2) A person who is not a licensed retail dealer and sells, gives, transfers, assigns, or otherwise disposes of, or receives, purchases or otherwise acquires an antique cannon or a rifle or shotgun pursuant to this section shall conduct the transaction through a licensed retail dealer.

     The provisions of this paragraph shall not apply if the transaction is:

     (a) between members of an immediate family as defined in subsection n. of this section;

     (b) between law enforcement officers;

     (c) between collectors of firearms or ammunition as curios or relics as defined in Title 18, U.S.C. section 921(a)(13) who have in their possession a valid Collector of Curios and Relics License issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; or

     (d) a temporary transfer pursuant to section 1 of P.L.1992, c.74 (C.2C:58-3.1) and section 1 of P.L.1997, c.375 (C.2C:58-3.2).

     (3) Prior to a transaction conducted pursuant to this subsection, the retail dealer shall complete a National Instant Criminal Background Check of the person acquiring an antique cannon or a rifle or shotgun.  In addition:

     (a) the retail dealer shall submit to the Superintendent of State Police, on a form approved by the superintendent, information identifying and confirming the background check;

     (b) every retail dealer shall maintain a record of transactions conducted pursuant to this section which shall be maintained at the address set forth on the retail dealer's license for inspection by a law enforcement officer during reasonable hours;

     (c) a retail dealer may charge a fee, not to exceed $70, for a transaction conducted pursuant to this subsection; and

     (d) any record produced pursuant to this subsection shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).

     c.     Who may obtain.  Except as hereinafter provided, a person shall not be denied a permit to purchase a handgun or a firearms purchaser identification card, unless the person is known in the community in which the person lives as someone who has engaged in acts or made statements suggesting the person is likely to engage in conduct, other than justified self-defense, that would pose a danger to self or others, or is subject to any of the disabilities set forth in this section or other sections of this chapter.  A handgun purchase permit or firearms purchaser identification card shall not be issued:

     (1) To any person who has been convicted of: (a) any crime in this State or its felony counterpart in any other state or federal jurisdiction; or (b) a disorderly persons offense in this State involving an act of domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19) or its felony or misdemeanor counterpart involving an act of domestic violence as defined under a comparable statute in any other state or federal jurisdiction, whether or not armed with or possessing a weapon at the time of the offense;

     (2) To any person who is presently confined for a mental disorder as a voluntary admission as defined in section 2 of P.L.1987, c.116 (C.30:4-27.2) or who is presently involuntarily committed to inpatient or outpatient treatment pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.);

     (3) To any person who suffers from a physical defect or disease which would make it unsafe for that person to handle firearms, to any person with a substance use disorder involving drugs as defined in section 2 of P.L.1970, c.226 (C.24:21-2), or to any alcoholic as defined in section 2 of P.L.1975, c.305 (C.26:2B-8) unless any of the foregoing persons produces a certificate of a medical doctor, treatment provider, or psychiatrist licensed in New Jersey, or other satisfactory proof, that the person is no longer suffering from that particular disability in a manner that would interfere with or handicap that person in the handling of firearms; to any person who knowingly falsifies any information on the application form for a handgun purchase permit or firearms purchaser identification card;

     (4) To any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun;

     (5) To any person where the issuance would not be in the interest of the public health, safety or welfare because the person is found to be lacking the essential character of temperament necessary to be entrusted with a firearm;

     (6) To any person who is subject to or has violated a temporary or final restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991", P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from possessing any firearm or a temporary or final domestic violence restraining order issued in another jurisdiction prohibiting the person from possessing any firearm;

     (7) To any person who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2);

     (8) To any person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991", P.L.1991, c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned; or

     (9) To any person named on the consolidated Terrorist Watchlist maintained by the Terrorist Screening Center administered by the Federal Bureau of Investigation;

     (10) To any person who is subject to or has violated a court order prohibiting the custody, control, ownership, purchase, possession, or receipt of a firearm or ammunition issued pursuant to the "Extreme Risk Protective Order Act of 2018", P.L.2018, c.35 (C.2C:58-20 et al.);

     (11) To any person who is subject to or has violated a court order prohibiting the custody, control, ownership, purchase, possession, or receipt of a firearm or ammunition issued pursuant to P.L.2021, c.327 (C.2C:12-14 et al.);

     (12) To any person who is subject to or has violated a temporary or final [restraining] protective order issued pursuant to the "[Sexual Assault] Victim's Assistance and Survivor Protection Act [of 2015]," P.L.2015, c.147 (C.2C:14-13 et al.);

     (13) To any person who has previously been voluntarily admitted to inpatient treatment pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.) or involuntarily committed to inpatient or outpatient treatment pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.), unless the court has expunged the person's record pursuant to P.L.1953, c.268 (C.30:4-80.8 et seq.);

     (14) To any person who is subject to an outstanding arrest warrant for an indictable crime in this State or for a felony, other than a felony to which section 1 of P.L.2022, c.50 (C.2A:160-14.1) would apply, in any other state or federal jurisdiction; or

     (15) To any person who is a fugitive from justice due to having fled from any state or federal jurisdiction to avoid prosecution for a crime, other than a crime to which section 1 of P.L.2022, c.50 (C.2A:160-14.1) would apply, or to avoid giving testimony in any criminal proceeding.

     In order to obtain a permit to purchase a handgun or a firearms purchaser identification card, the applicant shall demonstrate that, within four years prior to the date of the application, the applicant satisfactorily completed a course of instruction approved by the superintendent in the lawful and safe handling and storage of firearms.  The applicant shall be required to demonstrate completion of a course of instruction only once prior to obtaining either a firearms purchaser identification card or the applicant's first permit to purchase a handgun.

     The applicant shall not be required to demonstrate completion of a course of instruction in order to obtain any subsequent permit to purchase a handgun, to replace an existing firearms purchaser identification card, or to renew a firearms purchaser identification card.

     An applicant who is a law enforcement officer who has satisfied the requirements of subsection j. of N.J.S.2C:39-6, a retired law enforcement officer who has satisfied the requirements of subsection l. of N.J.S.2C:39-6, or a veteran who was honorably discharged as a member of the United States Armed Forces or National Guard who received substantially equivalent training shall not be required to complete the course of instruction required pursuant to the provisions of this subsection. 

     A person who obtained a permit to purchase a handgun or a firearms purchaser identification card prior to the effective date of P.L.2022, c.58 shall not be required to complete a course of instruction pursuant to this subsection.

     d.    Issuance.  The chief police officer of an organized full-time police department of the municipality where the applicant resides or the superintendent, in all other cases, shall upon application, issue to any person qualified under the provisions of subsection c. of this section a permit to purchase a handgun or a firearms purchaser identification card.

     A firearms purchaser identification card issued following the effective date of P.L.2022, c.58 shall display a color photograph and be electronically linked to the fingerprints of the card holder.  A person who obtained a firearms purchaser identification card prior to the effective date of P.L.2022, c.58 shall not be required to obtain a firearms purchaser identification card that displays a color photograph and is electronically linked to fingerprints.  The superintendent shall establish guidelines as necessary to effectuate the issuance of firearms purchaser identification cards that display a color photograph and which are electronically linked to the fingerprints of the card holder.

     The requirements of this subsection concerning firearms purchaser identification cards issued following the effective date of P.L.2022, c.58 shall remain inoperative until such time as the superintendent establishes a system to produce cards that comply with this requirement and, until such time, applicants issued a firearms purchaser identification card shall be provided with cards that do not conform to the requirements of this section, which shall be afforded full force and effect until such time as the system is established and a compliant card is issued in accordance with this subsection.  An applicant issued a non-compliant firearms purchaser identification card shall obtain a card, at no cost to the applicant, which conforms to the requirements of this section no later than one year after receiving notice that the system to produce cards that comply with this requirement is operational.

     If an application for a permit or identification card is denied, the applicant shall be provided with a written statement of the reasons for the denial.  Any person aggrieved by the denial of a permit or identification card may request a hearing in the Superior Court of the county in which the person resides if the person is a resident of New Jersey or in the Superior Court of the county in which the person's application was filed if the person is a nonresident.  The request for a hearing shall be made in writing within 30 days of the denial of the application for a permit or identification card.  The applicant shall serve a copy of the request for a hearing upon the chief police officer of the municipality in which the person resides, if the person is a resident of New Jersey, and upon the superintendent in all cases.  The hearing shall be held and a record made thereof within 60 days of the receipt of the application for a hearing by the judge of the Superior Court.  No formal pleading and no filing fee shall be required as a preliminary to a hearing.  Appeals from the results of a hearing shall be in accordance with law.

     The Administrative Director of the Courts shall coordinate with the superintendent in the development of an electronic filing system to receive requests for hearings and serve the chief police officer and superintendent as required in this section.

     e.     Applications.  Applications for permits to purchase a handgun and for firearms purchaser identification cards shall be in the form prescribed by the superintendent and shall set forth the name, residence, place of business, age, date of birth, occupation, sex, any aliases or other names previously used by the applicant, gender, and physical description, including distinguishing physical characteristics, if any, of the applicant, and shall state whether the applicant is a citizen, whether the applicant is an alcoholic as defined in section 2 of P.L.1975, c. 305 (C. 26:2B-8) or is a drug-dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), whether the applicant has ever been confined or committed to a mental institution or hospital for treatment or observation of a mental or psychiatric condition on a temporary, interim or permanent basis, giving the name and location of the institution or hospital and the dates of confinement or commitment, whether the applicant has been attended, treated or observed by any doctor or psychiatrist or at any hospital or mental institution on an inpatient or outpatient basis for any mental or psychiatric condition, giving the name and location of the doctor, psychiatrist, hospital or institution and the dates of the occurrence, whether the applicant presently or ever has been a member of any organization which advocates or approves the commission of acts of force and violence to overthrow the Government of the United States or of this State, or which seeks to deny others their rights under the Constitution of either the United States or the State of New Jersey, whether the applicant has ever been convicted of a crime or disorderly persons offense in this State or felony or misdemeanor in any other state or federal jurisdiction, whether the applicant is subject to a restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991", P.L.1991, c.261 (C.2C:25-17 et seq.) or an order entered under the provisions of a substantially similar statute under the laws of another jurisdiction prohibiting the applicant from possessing any firearm, whether the applicant is subject to a [restraining] protective order issued pursuant to the "[Sexual Assault] Victim's Assistance and Survivor Protection Act [of 2015]," P.L.2015, c.147 (C.2C:14-13 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another jurisdiction, whether the applicant is subject to a protective order issued pursuant to the "Extreme Risk Protective Order Act of 2018", P.L.2018, c.35 (C.2C:58-20 et al.), whether the applicant is subject to a protective order issued pursuant to P.L.2021, c.327 (C.2C:12-14 et al.) prohibiting the applicant from possessing any firearm, and other information as the superintendent shall deem necessary for the proper enforcement of this chapter.  For the purpose of complying with this subsection, the applicant shall waive any statutory or other right of confidentiality relating to institutional confinement.  The application shall be signed by the applicant and shall contain as references the names and addresses of two reputable citizens personally acquainted with the applicant.

     An applicant for a permit to purchase a handgun shall also certify, with respect to each handgun listed on the form, whether the applicant is purchasing the handgun on the applicant's own behalf or, if not, that the purchase is being made on behalf of a third party to whom the applicant may lawfully transfer the handgun.

     Application blanks shall be obtainable from the superintendent, from any other officer authorized to grant a permit or identification card, and from licensed retail dealers, or shall be made available through an online process established or made available by the superintendent.

     The chief police officer or the superintendent shall obtain the fingerprints of the applicant and shall have them compared with any and all records of fingerprints in the municipality and county in which the applicant resides and also the records of the State Bureau of Identification and the Federal Bureau of Investigation, provided that an applicant for a handgun purchase permit who possesses a valid firearms purchaser identification card, or who has previously obtained a handgun purchase permit from the same licensing authority for which the applicant was previously fingerprinted, and who provides other reasonably satisfactory proof of the applicant's identity, need not be fingerprinted again; however, the chief police officer or the superintendent shall proceed to investigate the application to determine whether or not the applicant has become subject to any of the disabilities set forth in this chapter.

     f.     Granting of permit or identification card; fee; term; renewal; revocation.  The application for the permit to purchase a handgun together with a fee of $25, or the application for the firearms purchaser identification card together with a fee of $50, shall be delivered or forwarded to the licensing authority who, upon determining that the application is complete, shall investigate the same and, provided the requirements of this section are met, shall grant the permit or the identification card, or both, if application has been made therefor, within 30 days from the date of receipt of the completed application for residents of this State and within 45 days for nonresident applicants.  A permit to purchase a handgun shall be valid for a period of 90 days from the date of issuance and may be renewed by the issuing authority for good cause for an additional 90 days.  A firearms purchaser identification card issued or renewed after the effective date of P.L.2022, c.58 shall expire during the tenth calendar year following its date of issuance and on the same calendar day as the person's date of birth.

     If the date of birth of the firearms purchaser identification card holder does not correspond to a calendar day of the tenth calendar year, the card shall expire on the last day of the birth month of the card holder.

     A firearms purchaser identification card issued pursuant to this section may be renewed upon filing of a renewal application and payment of the required fee, provided that the holder is not subject to any of the disabilities set forth in subsection c. of this section and complies with all other applicable requirements as set forth in statute and regulation.  If an application for renewal of a firearms purchaser identification card is denied, the applicant shall be provided with a written statement of the reasons for the denial.  Any person aggrieved by the denial of an application for renewal of a firearms purchaser identification card may request a hearing in the Superior Court of the county in which the person resides if the person is a resident of New Jersey or in the Superior Court of the county in which the person's application was filed if the person is a nonresident.  The request for a hearing shall be made in writing within 30 days of the denial of the application for renewal of the firearms purchaser identification card.  The applicant shall serve a copy of the request for a hearing upon the chief police officer of the municipality in which the applicant resides, if the person is a resident of New Jersey, and upon the superintendent in all cases.  The hearing shall be held and a record made thereof within 60 days of the receipt of the application for a hearing by the judge of the Superior Court.  A formal pleading and filing fee shall not be required as a preliminary to a hearing.  Appeals from the results of a hearing shall be in accordance with law.

     The Administrative Director of the Courts shall coordinate with the superintendent in the development of an electronic filing system to receive requests for hearings and serve the chief police officer and superintendent as required in this section.

     A firearms purchaser identification card issued prior to the effective date of P.L.2022, c.58 shall not expire.

     A firearms purchaser identification card shall be void if the holder becomes subject to any of the disabilities set forth in subsection c. of this section, whereupon the card shall be returned within five days by the holder to the superintendent, who shall then advise the licensing authority.  Failure of the holder to return the firearms purchaser identification card to the superintendent within the five days shall be an offense under subsection a. of N.J.S.2C:39-10.  Any firearms purchaser identification card may be revoked by the Superior Court of the county wherein the card was issued, after hearing upon notice, upon a finding that the holder thereof no longer qualifies for the issuance of the permit.  The county prosecutor of any county, the chief police officer of any municipality or any citizen may apply to the court at any time for the revocation of the card.

     There shall be no conditions or requirements added to the form or content of the application, or required by the licensing authority for the issuance or renewal of a permit or identification card, other than those that are specifically set forth in this chapter.

     g.    Disposition of fees.  All fees for permits shall be paid to the State Treasury for deposit into the Victims of Crime Compensation Office account if the permit is issued by the superintendent, to the municipality if issued by the chief police officer, and to the county treasurer if issued by the judge of the Superior Court.

     h.    Form of permit; establishment of a web portal; disposition of the completed information.  (1) Except as otherwise provided in paragraph (2) of this subsection, the permit shall be in the form prescribed by the superintendent and shall be issued to the applicant electronically through e-mail or the web portal established or designated for this purpose by the superintendent or in such form or manner as may be authorized by the superintendent.  Prior to the time the applicant receives the handgun from the seller, the applicant shall provide to the seller an acknowledgement of the permit in the form required under the process established by the superintendent, and the seller shall complete all of the information required on the web portal.  This information shall be forwarded to the superintendent through the web portal, or in such other manner as may be authorized by the superintendent, and to the chief police officer of the municipality in which the purchaser resides, except that in a municipality having no chief police officer, the information shall be forwarded to the superintendent.  The purchaser shall retain a copy of the completed information and the seller shall retain a copy of the completed information as a permanent record.

     A transfer of a handgun between or among immediate family members, law enforcement officers, or collectors of firearms or ammunition as curios or relics shall be conducted via the web portal established or designated by the superintendent, which shall include among other things a certification that the seller and purchaser are in fact immediate family members, law enforcement officers, or collectors of firearms or ammunition as curios or relics.

     (2) The requirements of this subsection concerning the delivery and form of permit and disposition of copies shall not be applicable when these functions may be completed by utilizing an electronic system as described in paragraph (2) of subsection b. of N.J.S.2C:58-2 or section 5 of P.L.2022, c.55 (C.2C:58-3.3a).

     i.     Restriction on number of firearms person may purchase. Only one handgun shall be purchased or delivered on each permit and no more than one handgun shall be purchased within any 30-day period, but this limitation shall not apply to:

     (1) a federal, State, or local law enforcement officer or agency purchasing handguns for use by officers in the actual performance of their law enforcement duties;

     (2) a collector of handguns as curios or relics as defined in Title 18, United States Code, section 921(a)(13) who has in the collector's possession a valid Collector of Curios and Relics License issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives;

     (3) transfers of handguns among licensed retail dealers, registered wholesale dealers and registered manufacturers;

     (4) transfers of handguns from any person to a licensed retail dealer or a registered wholesale dealer or registered manufacturer;

     (5) any transaction where the person has purchased a handgun from a licensed retail dealer and has returned that handgun to the dealer in exchange for another handgun within 30 days of the original transaction, provided the retail dealer reports the exchange transaction to the superintendent; or

     (6) any transaction where the superintendent issues an exemption from the prohibition in this subsection pursuant to the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4).

     The provisions of this subsection shall not be construed to afford or authorize any other exemption from the regulatory provisions governing firearms set forth in chapter 39 and chapter 58 of Title 2C of the New Jersey Statutes;

     A person shall not be restricted as to the number of rifles or shotguns the person may purchase, provided the person possesses a valid firearms purchaser identification card and provided further that the person signs the certification required in subsection b. of this section for each transaction.

     j.     Firearms passing to heirs or legatees.  Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to the owner's heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy.  The person who shall so receive, or acquire the firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of the firearm does not qualify to possess or carry it, the heir or legatee may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for a further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that the firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during that period.

     k.    Sawed-off shotguns.  Nothing in this section shall be construed to authorize the purchase or possession of any sawed-off shotgun.

     l.     Nothing in this section and in N.J.S.2C:58-2 shall apply to the sale or purchase of a visual distress [signalling] signaling device approved by the United States Coast Guard, solely for possession on a private or commercial aircraft or any boat; provided, however, that no person under the age of 18 years shall purchase nor shall any person sell to a person under the age of 18 years a visual distress [signalling] signaling device.

     m.   The provisions of subsections a. and b. of this section and paragraphs (4) and (5) of subsection a. of N.J.S.2C:58-2 shall not apply to the purchase of firearms by a law enforcement agency for use by law enforcement officers in the actual performance of the officers' official duties, which purchase may be made directly from a manufacturer or from a licensed dealer located in this State or any other state.

     n.    For the purposes of this section, "immediate family" means a spouse, domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), partner in a civil union couple as defined in section 2 of P.L.2006, c.103 (C.37:1-29), parent, stepparent, grandparent, sibling, stepsibling, child, stepchild, and grandchild, as related by blood or by law.

     o.    Registration of handguns owned by new residents.  Any person who becomes a resident of this State following the effective date of P.L.2022, c.52 and who transports into this State a firearm that the person owned or acquired while residing in another state shall apply for a firearms purchaser identification card within 60 days of becoming a New Jersey resident, and shall register any handgun so transported into this State within 60 days as provided in this subsection.

     A person who registers a handgun pursuant to this subsection shall complete a registration statement, which shall be in a form prescribed by the superintendent.  The information provided in the registration statement shall include, but shall not be limited to, the name and address of the person and the make, model, and serial number of the handgun being registered.  Each registration statement shall be signed by the person, and the signature shall constitute a representation of the accuracy of the information contained in the registration statement.

     The registration statement shall be submitted to the law enforcement agency of the municipality in which the person resides or, if the municipality does not have a municipal law enforcement agency, any State Police station.

     Within 60 days prior to the effective date of P.L.2022, c.52, the superintendent shall prepare the form of registration statement as described in this subsection and shall provide a suitable supply of statements to each organized full-time municipal police department and each State Police station.

     A person who fails to apply for a firearms purchaser identification card or register a handgun as required pursuant to this subsection shall be granted 30 days to comply with the provisions of this subsection.  If the person does not comply within 30 days, the person shall be liable to a civil penalty of $250 for a first offense and shall be guilty of a disorderly persons offense for a second or subsequent offense.

     If a person is in possession of multiple firearms or handguns in violation of this subsection, the person shall be guilty of one offense under this subsection provided the violation is a single event.

     The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) in a summary proceeding before the municipal court having jurisdiction.  A law enforcement officer having enforcement authority in that municipality may issue a summons for a violation, and may serve and execute all process with respect to the enforcement of this subsection consistent with the Rules of Court.

     p.    A chief police officer or the superintendent may delegate to subordinate officers or employees of the law enforcement agency the responsibilities established pursuant to this section.³

(cf: P.L.2022, c.131, s.2)

 

     ³7.  Section 4 of P.L.2018, c.35 (C.2C:58-23) is amended to read as follows:

     4. a. Except as provided in subsection l. of this section, a petitioner may file a petition, as prescribed by the Administrative Director of the Courts, for a temporary extreme risk protective order in the court in accordance with the Rules of Court alleging that the respondent poses a significant danger of bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.  The petition shall be heard by the court in an expedited manner.

     Petition forms shall be readily available at the courts, and at State, county, and municipal law enforcement agencies.

     Prior to filing a petition with the court, a family or household member may request assistance from a State, county, or municipal law enforcement agency which shall advise the petitioner of the procedure for completing and signing a petition for a temporary extreme risk protective order. A law enforcement officer from the agency may assist the family or household member in preparing or filing the petition.  This assistance may include, but not be limited to, providing information related to the factors set forth in subsection f. of this section, joining in the petition, referring the matter to another law enforcement agency for additional assistance, or filing the officer's own petition with the court.

     Filing a petition pursuant to this section shall not prevent a petitioner from filing a criminal complaint or applying for a restraining order pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) or prevent any person from taking any action authorized pursuant to P.L.1987, c.116 (C.30:4-27.1 et seq.) based on the circumstances forming the basis of the petition.

     A petitioner may apply for relief under this section in accordance with the Rules of Court.

     b.    A petition for a temporary extreme risk protective order shall include an affidavit setting forth the facts tending to establish the grounds of the petition, or the reason for believing that they exist, and, to the extent available, the number, types, physical description, and locations of any firearms and ammunition currently believed by the petitioner to be controlled or possessed by the respondent.

     c.     The court shall not charge a fee to file the petition.

     d.    The court, before issuing a temporary extreme risk protective order, shall examine under oath the petitioner and any witness the petitioner may produce.  The court, in lieu of examining the petitioner and any witness, may rely on an affidavit submitted in support of the petition.

     e.     A judge shall issue the order if the court finds good cause to believe that the respondent poses an immediate and present danger of causing bodily injury to the respondent or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm.

     f.     The county prosecutor or a designee of the county prosecutor shall produce in an expedited manner any available evidence including, but not limited to, available evidence related to the factors set forth in this section, and the court shall consider whether the respondent:

     (1)   has any history of threats or acts of violence by the respondent directed toward self or others;

     (2)   has any history of use, attempted use, or threatened use of physical force by the respondent against another person;

     (3)   is the subject of a temporary or final restraining order or has violated a temporary or final restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.);

     (4)   is the subject of a temporary or final protective order or has violated a temporary or final protective order issued pursuant to the "[Sexual Assault] Victim's Assistance and Survivor Protection Act [of 2015]," P.L.2015, c.147 (C.2C:14-13 et al.);

     (5)   has any prior arrests, pending charges, or convictions for a violent indictable crime or disorderly persons offense, stalking offense pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10), or domestic violence offense enumerated in section 3 of P.L.1991, c.261 (C.2C:25-19);

     (6)   has any prior arrests, pending charges, or convictions for any offense involving cruelty to animals or any history of acts involving cruelty to animals;

     (7)   has any history of drug or alcohol abuse and recovery from this abuse; or

     (8)   has recently acquired a firearm, ammunition, or other deadly weapon.

     g.    The temporary extreme risk protective order shall prohibit the respondent from having custody or control of, owning, purchasing, possessing, or receiving firearms or ammunition, and from securing or holding a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S.2C:58-3, or a permit to carry a handgun pursuant to N.J.S.2C:58-4 during the period the protective order is in effect and shall order the respondent to surrender firearms and ammunition in the respondent's custody or control, or which the respondent possesses or owns, and any firearms purchaser identification card, permit to purchase a handgun, or permit to carry a handgun held by the respondent in accordance with section 7 of P.L.2018, c.35 (C.2C:58-26). Any card or permit issued to the respondent shall be immediately revoked pursuant to subsection f. of N.J.S.2C:58-3.

     h.    A temporary extreme risk protective order issued under this section shall remain in effect until a court issues a further order.

     i.     The court that issues the temporary extreme risk protective order shall immediately forward:

     (1)   a copy of the order to the petitioner and county prosecutor in the county in which the respondent resides; and

     (2)   a copy of the order and the petition to the appropriate law enforcement agency in the municipality in which the respondent resides, which shall immediately, or as soon as practicable, serve it on the respondent.

     If personal service cannot be effected upon the respondent, the court may order other appropriate substituted service. At no time shall a petitioner who is a family or household member be asked or required to serve any order on the respondent.  The law enforcement agency serving the order shall not charge a fee or seek reimbursement from the petitioner for service of the order. 

     j.     Notice of temporary extreme risk protective orders issued pursuant to this section shall be sent by the county prosecutor to the appropriate chiefs of police, members of the State Police, and any other appropriate law enforcement agency or court.

     k.    Any temporary extreme risk protective order issued pursuant to this section shall be in effect throughout the State, and shall be enforced by all law enforcement officers.

     l. (1) A petition for a temporary extreme risk protective order filed against a law enforcement officer shall be filed in the law enforcement agency in which the officer is employed.  The law enforcement officer or employee receiving the petition shall advise the petitioner of the procedure for completing and signing a petition.

     (2)   Upon receipt of the petition, the law enforcement officer's employer shall immediately initiate an internal affairs investigation.

     (3)   The disposition of the internal affairs investigation shall immediately be served upon the county prosecutor who shall make a determination whether to refer the matter to the courts.

     (4)   The law enforcement officer's employer shall take appropriate steps to implement any findings set forth in the disposition of the internal affairs investigation.

     The law enforcement officer shall not be terminated during the pendency of the internal affairs investigation.³

(cf: P.L.2018, c.35, s.4)

 

     ³8.  Section 2 of P.L.2019, c.103 (C.52:4B-60.2) is amended to read as follows:

     2.    The Legislature finds and declares that:

     a.     The enactment of the "Crime Victim's Bill of Rights," P.L.1985, c.249 (C.52:4B-34 et seq.) and the "New Jersey Campus Sexual Assault Victim's Bill of Rights Act," P.L.1994, c.160 (C.18A:61E-1 et seq.) have resulted in significant advances in the recognition and protection of the rights of crime victims and survivors once they enter the criminal justice system;

     b.    Nonetheless, victims of sexual violence in particular often face circumstances where they may be blamed for the crime, assumed to be fabricating the crime, or taken less seriously than their injuries warrant.  These victims are sometimes discouraged from proceeding with their complaints and as a result may not be afforded the protections and rights in the criminal justice system to which they are entitled;

     c.     Therefore, with no diminution of the legislatively-recognized rights of crime victims, it is the public policy of this State that the criminal justice system accord victims of sexual violence the following rights:

     (1)   To have any allegation of sexual assault treated seriously; to be treated with dignity and compassion; and to be notified of existing medical, counseling, mental health, or other services available for victims of sexual assault, whether or not the crime is reported to law enforcement;

     (2)   To be free, to the extent consistent with the New Jersey or United States Constitution, from any suggestion that victims are responsible for the commission of crimes against them or any suggestion that victims were contributorily negligent or assumed the risk of being assaulted;

     (3)   To be free from any suggestion that victims are to report the crimes to be assured of any other guaranteed right and that victims should refrain from reporting crimes in order to avoid unwanted personal publicity;

     (4)   When applicable, to no-cost access to the services of a sexual assault response team comprised of: a certified forensic nurse examiner, a confidential sexual violence advocate, and a law enforcement official as provided in accordance with the Attorney General's Standards for Providing Services to Victims of Sexual Assault, and the choice to opt into or out of any of the team's services;

     (5)   To be informed of, and assisted in exercising, the right to be confidentially or anonymously tested for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS; and to be informed of, and assisted in exercising, any rights that may be provided by law to compel and disclose the results of testing of a sexual assault suspect for communicable diseases;

     (6)   To have forensic medical evidence, if collected, retained for a minimum of five years, and to receive information about the status of the evidence upon request;

     (7)   To choose whether to participate in any investigation of the assault;

     (8)   To reasonable efforts to provide treatment and interviews in a language in which the victim is fluent and the right to be given access to appropriate assistive devices to accommodate disabilities that the victim may have, whether temporary or long term;

     (9)   To information and assistance in accessing specialized mental health services; protection from further violence; other appropriate community or governmental services, including services provided by the Victims of Crime Compensation Office; and all other assistance available to crime victims under current law;

     (10)  To be apprised of the availability and process by which a court may order the taking of testimony from a victim via closed circuit television in accordance with section 1 of P.L.1985, c.126 (C.2A:84A-32.4); and

     (11)  To be apprised of the availability and process by which to seek protections through a temporary or final protective order under the "[Sexual Assault] Victim's Assistance and Survivor Protection Act [of 2015]," P.L.2015, c.147 (C.2C:14-13 et [seq.] al.), if the victim believes that the victim is at risk for re-victimization or further harm by the perpetrator.³

(cf: P.L.2019, c.103, s.2)

 

     ³9.  Section 3 of P.L.2019, c.103 (C.52:4B-60.3) is amended to read as follows:

     3.    The Attorney General, in consultation with the New Jersey Coalition Against Sexual Assault, shall publish a notice of the rights enumerated in the "Sexual Assault Victim's Bill of Rights" pursuant to subsection c. of section 2 of this act, and shall make this notice available to the public on the Internet website of the Department of Law and Public Safety.  All hospital emergency departments, police stations and other law enforcement agencies, sexual violence service organizations, and any other entity informing victims of sexual violence of their rights shall post a copy of this notice in a conspicuous location that is available to the public.

     The Attorney General shall incorporate the rights and services enumerated in the "Sexual Assault Victim's Bill of Rights" pursuant to this act and in the "[Sexual Assault] Victim's Assistance and Survivor Protection Act [of 2015]," P.L.2015, c.147 (C.2C:14-13 et [seq.] al.), in the Attorney General Standards for Providing Services to Victims of Sexual Assault to ensure the compassionate and sensitive delivery of services to all sexual violence victims.³

(cf: P.L.2019, c.103, s.3)

 

     ¹[4.] ³[5.¹] 10.³  Section 2 of P.L.1999, c.47 (C.2C:12-10.2) is repealed.

 

     ¹[5. ] ³[6.¹] 11.³  This act shall take effect on the first day of the ¹[third] sixth¹ month next following enactment.

 

 

                                

 

     Authorizes issuance of protective orders for certain victimized persons in situations for which domestic violence statutes do not apply due to  lack of familial or dating relationship between victim and offending actor.