Bill Text: NJ SJR23 | 2010-2011 | Regular Session | Introduced
Bill Title: Allows prosecutors to introduce evidence of defendant's prior restraining orders in certain circumstances.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2010-02-08 - Introduced in the Senate, Referred to Senate Judiciary Committee [SJR23 Detail]
Download: New_Jersey-2010-SJR23-Introduced.html
Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
SYNOPSIS
Allows prosecutors to introduce evidence of defendant's prior restraining orders in certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
A Joint Resolution pursuant to P.L.1960, c.52 proposing an amendment to the Rules of Evidence.
Whereas, Section 38 of P.L.1960, c.52 (C.2A:84A-38) provides a procedure for the adoption of rules of evidence without necessity for presentation at the Judicial Conference so that their adoption by the Supreme Court may be accelerated; now, therefore,
Be It Resolved by the Senate and General Assembly of the State of New Jersey:
1. Pursuant to section 38 of P.L.1960, c.52 (C.2A:84A-38), the Supreme Court of New Jersey may adopt the amendatory rule specified in this section in the form set out, at any time after this joint resolution has been delivered to an signed by the Governor of the State of New Jersey, by entering an order that the amendment is adopted and by causing true copies of its order of adoption to be delivered to the President of the Senate, the Speaker of the General Assembly and the Governor, without again presenting the subject matter and a tentative draft of rules at a Judicial Conference.
Rule 404 is amended to read as follows:
Rule 404. Character evidence not admissible to prove conduct; exceptions; other crimes; evidence
(a) Character evidence generally. Evidence of a person's character or character trait, including a trait of care or skill or lack thereof, is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion except:
(1) Character of accused. Evidence of a pertinent trait of the accused's character offered by the accused, which shall not be excluded under Rule 403, or by the prosecution to rebut the same;
(2) Character of victim. Evidence of a pertinent trait of character of the victim of the crime offered by an accused or by the prosecution to rebut same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;
(3) Character of witness. Evidence of the character of a witness as provided in Rule 608.
(b) Other crimes, wrongs, or acts. (1) Except as otherwise provided by Rule 608 (b), and as provided in subparagraph (2), evidence of other crimes, wrongs, or acts is not admissible to prove the disposition of a person in order to show that such person acted in conformity therewith. Such evidence may be admitted for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident when such matters are relevant to a material issue in dispute.
(2) Evidence of any prior or current final domestic violence restraining order issued against the accused is admissible if the accused is charged with homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, or stalking, and the prior or current final domestic violence restraining order concerned the victim.
(c) Character and character trait in issue. Evidence of a person's character or trait of character is admissible when the character or trait is an element of a claim or defense.
2. The rule set forth in section 1 of this Joint Resolution, if ordered adopted by the Supreme Court, shall take effect on the date set forth in the order of adoption.
3. This joint resolution shall take effect immediately upon signature thereof by the Governor; and the Secretary of State is directed to transmit an authenticated copy forthwith to the Chief Justice of the Supreme Court of New Jersey.
STATEMENT
This joint resolution would amend the Rules of Evidence to permit the prosecution in certain cases to let the jury consider evidence of a defendant's prior and current final domestic violence restraining orders. The resolution would only apply where the defendant is charged with homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, or stalking, and where the prior or current final domestic violence restraining concerned the victim.
