Bill Text: NJ S3072 | 2014-2015 | Regular Session | Introduced

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Bill Title: Prohibits victims from being charged certain costs and fees and clarifies victims' right to obtain certain interviews.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-06-29 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3072 Detail]

Download: New_Jersey-2014-S3072-Introduced.html

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SENATE, No. 3072

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED JUNE 29, 2015

 

 

Sponsored by:

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Senator  LORETTA WEINBERG

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Prohibits victims from being charged certain costs and fees and clarifies victims' right to obtain certain interviews.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning victim interviews and certain costs and fees to victims, and amending P.L.2012, c.27.

 

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

 

     1.    Section 3 of P.L.2012, c.27 (C.52:4B-36.2) is amended to read as follows: 

     3.    Pursuant to Article I, paragraph 22 of the New Jersey Constitution:

     a.    A crime victim shall not be required to pay the maintenance, support, rehabilitation, or other costs arising from the imprisonment or commitment of a victimizer as a result of the crime or any legal fee to any public or private entity associated with the legal defense of the victimizer arising out of charges filed for committing  a crime or act of juvenile delinquency in any court; and

     b.    A crime victim shall not be charged any fee otherwise prescribed by law or regulation to obtain copies of the victim's own records to which the victim is entitled to access as provided in section 1 of P.L.1995, c.23 (C.47:1A-1.1), including, but not limited to, any law enforcement agency report, audio or video interview with the victim, domestic violence offense report, and temporary or permanent restraining order.

(cf:  P.L.2014, c.19, s.1)

 

     2.    This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill establishes that victims of crime are not to be charged for certain costs or fees related to the crime. 

     The bill specifically prohibits a victim from being required to pay any legal fee to a public or private entity associated with the legal defense of the victimizer arising out of charges filed for committing a crime or act of juvenile delinquency in any court.  According to the sponsor, the bill addresses the situation where a minor child who victimizes a parent receives the services of the office of the Public Defender and that office then bills the parent for these services. 

     The bill also permits a victim to obtain a free copy of any audio or video interview with the victim from their law enforcement file.  Under current law, victims' records are not government records subject to the Open Public Records Act, but victims have the right to their own records.  Certain law enforcement agencies and prosecutors' offices have refused to release to a victim an audio or video interview with that victim.  This bill clarifies that victims have the right to obtain, without cost, any audio or video interview law enforcement has conducted of them that is included in the paper file to which they already are entitled.