Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Middlesex, Somerset and Union)
Assemblywoman SADAF F. JAFFER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Co-Sponsored by:
Assemblywoman McKnight
SYNOPSIS
Stephanies Law; Requires AOC to establish publicly-accessible domestic violence registry; requires law enforcement officer to search States domestic violence registries when conducting arrest.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning domestic violence and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Administrative Office of the Courts, in conjunction with the Attorney General, shall develop and maintain a publicly-accessible domestic violence Internet registry of any person in this State who:
(1) has been convicted of a crime or offense involving domestic violence as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19); or
(2) has had a final restraining order issued against them pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.); or
(3) has committed contempt of a temporary or final restraining order entered pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261
(C.2C:25-17 et al.).
b. The Internet registry established pursuant to this section shall be separate from the domestic violence central registry established pursuant to section 1 of P.L.1999, c.421 (C.2C:25-34).
c. The Internet registry shall contain the following information for any person to be included in the registry:
(1) the persons name and any aliases the person has used or under which the person may be or may have been known;
(2) a brief description of any crime or offense involving domestic violence for which the person was convicted; the date and location of each disposition; and a general description of the persons modus operandi, if applicable;
(3) the persons age, race, gender, date of birth, height, weight, hair, eye color, and any distinguishing scars or tattoos;
(4) a photograph of the person and the date on which the photograph was entered into the registry;
(5) the make, model, color, year, and license plate number of any vehicle operated by the person; and
(6) the persons last known address.
d. A person whose name is erroneously included in the registry established pursuant to this section may petition the Administrative Office of the Courts for removal of the persons name. The Administrative Office of the Courts shall remove the persons name from the registry in response to the petition if the person:
(1) has not had a final domestic violence restraining order entered against the person; or
(2) has not been found guilty of contempt of a temporary or final restraining order entered pursuant to the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.); or
(3) has not been found guilty of a crime or offense involving domestic violence.
e. Within five days of a change of address, a person whose name is included in the Internet registry shall provide the Administrative Office of the Courts with the new address.
f. On the website through which a person may search the Internet registry, the Administrative Office of the Courts shall include the following information regarding:
(1) the manner in which a person may petition the Administrative Office of the Courts for removal of their name from the registry;
(2) the circumstances under which the Administrative Office of the Courts would grant the petition; and
(3) the manner in which a person may provide an updated address.
2. a. A law enforcement officer conducting an arrest shall determine if any domestic violence restraining order has been entered against the arrested person. The determination shall include a search of the central registry created pursuant to section 1 of P.L.1999, c.421 (C.2C:25-34) and section 1 of P.L. , c.
(C. ) (pending before the Legislature as this bill).
b. The Attorney General may promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the purposes of this act.
3. This act shall take effect on the first day of the seventh month next following the date of enactment.
STATEMENT
This bill establishes Stephanies Law, to require the Administrative Office of the Courts (AOC), in conjunction with the Attorney General, to develop and maintain a publicly-accessible domestic violence Internet registry, and require law enforcement officers to search the States domestic violence registries upon arresting a person. This registry established under the bill is to be separate from the domestic violence central registry maintained by the AOC pursuant to N.J.S.A.2C:25-34, which is not accessible to the public.
Under the bill, the public is to be able to access the registry to obtain all available information concerning any person who has been convicted of a crime or offense involving domestic violence; has had a final domestic violence restraining order issued against them; or has committed contempt of a temporary or final domestic violence restraining order. The Internet registry is to contain the following information for any person to be included in the registry: (1) the persons name and any aliases the person has used or under which the person may be or may have been known; (2) a brief description of any crime or offense involving domestic violence for which the person was convicted; the date and location of each disposition; and a general description of the persons modus operandi, if applicable; (3) the persons age, race, gender, date of birth, height, weight, hair, eye color, and any distinguishing scars or tattoos; (4) a photograph of the person and the date on which the photograph was entered into the registry; (5) the make, model, color, year, and license plate number of any vehicle operated by the person; (6) and the persons last known address.
A person whose name is erroneously included in the registry established under the bill may petition the AOC for removal of the persons name. The AOC is required to remove the persons name from the registry if the person has not had a final domestic violence restraining order entered against them, has not been found guilty of contempt of a temporary or final domestic violence restraining order, or has