Bill Text: NJ S3071 | 2020-2021 | Regular Session | Amended


Bill Title: Requires law enforcement provide victim of sexual assault with intial incident report; provides victim with option to review intial incident report and submit corrective form.*

Spectrum: Moderate Partisan Bill (Democrat 18-3)

Status: (Enrolled) 2021-03-01 - Passed Assembly (Passed Both Houses) (70-0-0) [S3071 Detail]

Download: New_Jersey-2020-S3071-Amended.html

[First Reprint]

SENATE, No. 3071

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED OCTOBER 22, 2020

 


 

Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

Senator  M. TERESA RUIZ

District 29 (Essex)

 

Co-Sponsored by:

Senators Pou and Gill

 

 

 

 

SYNOPSIS

     Requires law enforcement provide victim of sexual assault with initial incident report; provides victim with option to review initial incident report and submit corrective form.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Law and Public Safety Committee on December 10, 2020, with amendments.

  


An Act concerning the protocols for sexual assault cases and amending P.L.2003, c.137. 

 

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

 

     1.    Section 1 of P.L.2003, c.137 (C.2C:14-2.1) is amended to read as follows:

     1.    a. Notwithstanding any law, rule, or regulation to the contrary, any victim reporting a violation of N.J.S.2C:14-2 shall be provided with the option to review the 1[police report] initial incident report1 concerning that violation prior to filing by the law enforcement agency.  In addition, the law enforcement agency shall provide the victim with a standardized form prescribed by the Attorney General wherein the victim may state whether the victim disagrees with information contained in the 1[police report] initial incident report1 . 1The law enforcement agency shall provide to the victim contact information for a liaison to victims of sexual assault, as set forth in subsection b. of this section, for assistance in completing the standardized form.1  The law enforcement agency shall review the standardized form prior to finalizing and filing the 1[police report] initial incident report1.  The victim's decision to not submit a standardized form shall not be construed as indicating the victim's approval regarding the contents of the 1[police report] initial incident report1. 1At the time of the initial report, the law enforcement agency shall inform the victim that the victim is entitled to a copy of the initial incident report once the initial incident report has been finalized or that the victim may waive the right to receive a copy of the initial incident report. The law enforcement agency shall provide the victim with contact information so that the victim may inquire about the status of the initial incident report, prior to the law enforcement agency finalizing the report. The law enforcement agency shall provide the victim with instructions regarding the precise date, time, and location where the victim may obtain a copy of the finalized initial incident report from the law enforcement agency or provide the victim with the option to receive the initial incident report by mail.1 The victim shall be provided, at no cost, with a copy of the 1[police report] initial incident report1 and any form submitted by the victim. 

     At any time, a victim may exercise the option to submit a standardized form correcting information contained within the  1[police report] initial incident report, at which time the law enforcement agency also shall provide the victim with a copy of the standardized form submitted by the victim at no cost. The standardized form correcting information contained within the initial incident report shall not be a governmental record under P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act 1.

     The law enforcement agency shall establish that it has complied with the provisions of this subsection by obtaining a signature from the victim.  A violation of this subsection may be reported to the Office of the Attorney General. 

     The  1[police report] initial incident report1 and form shall be permanently retained by the law enforcement agency.

     b.    1Each county prosecutor's office shall appoint a staff member who will serve as a liaison to victims of sexual assault.  The liaison shall have expertise in the rights of sexual assault victims and in the handling of sexual assault cases.  The liaison shall provide assistance, support, and guidance to victims of sexual assault including, but not limited to, completing the standardized form contesting the information contained in the initial incident report. 

     c.1   Whenever there is a prosecution for a violation of [N.J.S.A.2C:14-2] N.J.S.2C:14-2, the victim of the sexual assault shall be provided an opportunity to consult with the prosecuting authority prior to the conclusion of any plea negotiations.

     Nothing contained herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate.

     1d.   For purposes of this section "initial incident report" shall mean the initial victim statement provided by the victim to the law enforcement agency and shall not include any criminal investigatory records or other information deemed confidential pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).1

 

     2.    This act shall take effect immediately. 

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