Bill Text: NJ S3073 | 2020-2021 | Regular Session | Chaptered

---

Bill Title: Establishes right of victims to be notified of county prosecutor's charging decision in sexual assault cases.

Spectrum: Slight Partisan Bill (Democrat 9-4)

Status: (Passed) 2021-04-19 - Approved P.L.2021, c.63. [S3073 Detail]

Download: New_Jersey-2020-S3073-Chaptered.html

---

 

 

P.L. 2021, CHAPTER 63, approved April 19, 2021

Senate, No. 3073 (First Reprint)

 

An Act concerning certain rights of sexual assault victims 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.  Every victim of sexual assault shall have the right to be notified of the prosecuting authority's decision to file, or decline to file, criminal charges pursuant to N.J.S.2C:14-2. 

      b.   A prosecuting authority investigating an allegation of sexual assault shall: 

      (1)  advise the victim of the right to be notified of the prosecuting authority's decision to file, or decline to file, criminal charges in the case;

      (2)  ¹ask the victim whether the victim would like to exercise this right, and, if so,¹ obtain the victim's written consent to be, or not to be, notified of the prosecuting authority's charging decision;

      (3)  if the victim requests to be notified, provide that notification via the victim's preferred method including, but not limited to:

      (a)  an in-person meeting;

      (b)  telephone call or text message; or

      (c)  video conference.

      c.   The prosecuting authority shall ¹make a good faith effort to¹ obtain written acknowledgement of the charging decision from a victim who has requested notification pursuant to ¹paragraphs (2) and (3) of¹ subsection b. of this section prior to notifying the alleged perpetrator of the sexual assault of the charging decision ¹, unless the victim is unavailable; the victim declines to provide the acknowledgement; or the prosecutor is unable to locate the victim following a good faith effort to do so, in which case the prosecutor shall document the good faith effort made and the basis for failure to obtain the acknowledgement¹. 

      d.   ¹A victim shall not publicly disclose the charging decision until the prosecuting authority has provided written notification of the decision to the alleged perpetrator.  Written notification may be made via email.

      e.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.

(cf: P.L.2003, c.137, s.1)

 

     2.    This act shall take effect immediately. 

 

 

                                

 

     Establishes right of victims to be notified of county prosecutor's charging decision in sexual assault cases.