Bill Text: NJ S775 | 2012-2013 | Regular Session | Introduced
Bill Title: Alex DeCroce's Law, enhances crime victims' rights under the "Crime Victim's Bill of Rights." *
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Introduced - Dead) 2012-06-25 - Substituted by A2380 (1R) [S775 Detail]
Download: New_Jersey-2012-S775-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
Co-Sponsored by:
Senators Madden and Greenstein
SYNOPSIS
Enhances crime victims' rights under the "Crime Victim's Bill of Rights."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning crime victims rights and amending P.L.1985, c.249.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1985, c.249 (C.52:4B-36) is amended to read as follows:
3. The Legislature finds and declares that crime victims and witnesses are entitled to the following rights:
a. To be treated with dignity and compassion by the criminal justice system;
b. To be informed about the criminal justice process;
c. To be free from intimidation, harassment or abuse by anyone involved in the criminal justice process including the defendant and anyone acting in support of or on behalf of the defendant;
d. To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible;
e. To make at least one telephone call provided the call is reasonable in both length and location called;
f. To medical assistance [if, in the judgment of the law enforcement agency, medical assistance appears necessary] reasonably related to the incident;
g. To be notified in a timely manner, if practicable, if presence in court is not needed or if any scheduled court proceeding has been adjourned or cancelled;
h. To be informed about available remedies, financial assistance and social services;
i. To be compensated for [their] loss sustained by the victim whenever possible;
j. To be provided a secure, but not necessarily separate, waiting area during court proceedings;
k. To be advised of case progress and final disposition and to confer with the prosecutor's representative on such occasions in order to keep the victim adequately informed;
l. To the prompt return of property when no longer needed as evidence;
m. To submit a written statement about the impact of the crime to a representative of the [county prosecutor's office] prosecuting agency which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed or whether the prosecutor shall accept a negotiated plea or request by the defendant to enter into a pretrial intervention program; and
n. To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime.
This statement is to be made in addition to the statement permitted for inclusion in the presentence report by N.J.S.2C:44-6.
In any homicide prosecution a victim's survivor shall be permitted to wear a button containing a picture of the victim during any judicial proceeding involving the accused, provided that the court determines that the wearing of such button by one or several individuals will not rise to such a level as to deprive the defendant of his Sixth Amendment right to a fair trial. The button shall not exceed four inches in diameter. If the victim's survivor seeks to wear the button at trial, he shall give notice to the prosecution of such intent which shall be provided to the defendant and to the court no less than 30 days prior to the final trial date. In any homicide prosecution the victim's survivor may display directly to the sentencing court at the time of this statement a photograph of the victim taken before the homicide including, but not limited to, a still photograph, a computer generated presentation or video presentation of the victim. The time, length and content of such presentation shall be within the sound discretion of the sentencing judge; [and]
o. No crime victim shall 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;
p. A crime victim shall have the right to be present at any judicial proceeding involving a crime or any juvenile proceeding involving a criminal offense and to be notified of any release or escape of the accused and the right to an adjudicative decision by the court on each of the rights conferred herein when a motion has been filed to enforce such right pursuant to Article I, paragraph 22 of the New Jersey Constitution; and
q. The victim shall have express standing to enforce these rights in any court before which the proceedings are being held.
(cf: P.L.2001, c.208, s.2)
2. This act shall take effect on the 60th day following enactment.
STATEMENT
The Victim's Rights Amendment to the New Jersey Constitution, enacted by the voters in 1991 as paragraph 22 of Article I, makes crime victims' rights a constitutional mandate and specifically provides that victims "shall be entitled to those rights and remedies as may be provided by the Legislature." The "Crime Victim's Bill of Rights," N.J.S.A.52:4B-34 et seq., enumerates those rights to which crime victims are entitled, including but not limited to the right to be treated with dignity and compassion by the criminal justice system, the right to be advised of case progress and final disposition, and the right to make an in-person statement directly to the sentencing court.
This bill would enhance these rights by amending and supplementing the existing rights enumerated in N.J.S.A.52:4B-36 to increase the victim's access to the information concerning the progress of the case and to expand the consideration of the victim's impact statement with regard to plea agreements and pretrial intervention programs.
Subsection c. of N.J.S.A.52:4B-36 currently provides that the victim has the right to be free from intimidation. This bill would expand this subsection to provide that the victim should also be free of harassment or abuse by anyone involved in the criminal justice process including the defendant and anyone acting in support of or on behalf of the defendant.
This bill would also eliminate the language in current law, set out in subsection f., which provides that the crime victim's right to medical assistance is within the discretion of the law enforcement agency. This bill provides that crime victims would have the right to medical assistance which is reasonably related to the incident.
Subsection g. currently provides that the victim should be notified if presence in court is not needed. This bill amends this section to require notification in a timely manner, if practicable, if the presence of the victim is not needed or if any scheduled court proceeding has been adjourned or cancelled.
Subsection i. is amended to clarify that the victim should be compensated for the loss sustained by the victim.
Subsection k., which requires that the victim be advised of the progress of the case and the final disposition of the case, would be amended to provide that the victim would have the right to confer with the prosecutor's representative in order to keep the victim adequately informed.
This bill also amends subsection m. concerning the use of the victim's impact statement. Currently this subsection provides that the victim may submit a written impact statement to the prosecutor's office which shall be considered prior to any final decision concerning whether formal criminal charges will be filed. This bill amends this subsection to provide that the impact statement also be considered with regard to whether a prosecutor shall accept a negotiated plea or request by the defendant to enter into a pretrial intervention program.
The bill provides that in any homicide prosecution a victim's survivor would be permitted to wear a button containing a picture of the victim during any judicial proceeding involving the accused, provided the court determines that the wearing of such button by one or several individuals will not rise to such a level as to deprive the defendant of his Sixth Amendment right to a fair trial. The button could not exceed four inches in diameter. If the victim's survivor seeks to wear the button at trial, he shall give notice to the prosecution of such intent which shall be provided to the defendant and to the court no less than 30 days prior to the final trial date.
In addition, the bill provides that if a victim's survivor chooses to display in court a photograph of the victim taken before the homicide then that display may be in the form of a still photograph, a computer generated presentation or video presentation. The time, length and content of the presentation would be within the sound discretion of the sentencing judge.
The bill would also add two new subsections, p. and q., to N.J.S.A.52:4B-36, the "Crime Victim's Bill of Rights."
Subsection p. would provide that a crime victim would have the right to be present at any judicial proceeding involving a crime or any juvenile proceeding involving a criminal offense and to be notified of any release or escape of the accused and the right to an adjudicative decision by the court on each of the rights conferred herein when a motion has been filed to enforce such right pursuant to Article I, paragraph 22 of the New Jersey Constitution.
Subsection q. provides that the victim shall have express standing to enforce these rights in any court before whom the proceedings are being held.
The bill would provide for a delayed effective date of 60 days to facilitate implementation.
