Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Senator DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
SYNOPSIS
Makes various revisions to the Crime Victims Bill of Rights.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning crime victims rights and amending P.L.1985, c.249 and 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.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 any person including the defendant or any other person acting in support of or on behalf of the defendant, due to the involvement of the victim or witness in the criminal justice process;
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 reasonably related to the incident in accordance with the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.);
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 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 so that the victim may be kept adequately informed;
l. To the prompt return of property when no longer needed as evidence;
m. To submit a written statement, within a reasonable amount of time, about the impact of the crime to a representative of the prosecuting agency which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed, whether the prosecutor will consent to a request by the defendant to enter into a pre-trial program, and whether the prosecutor will make or agree to a negotiated plea;
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;
o. To have the opportunity to consult with the prosecuting [authority] attorney prior to the [conclusion] beginning of any plea negotiations, and to have the prosecutor advise the court of the consultation and the victim's position regarding the plea agreement [, provided however that nothing] . If the victim is not present in court for the plea hearing, the court shall determine if the victim received adequate notice of the hearing. The court may, within its discretion, proceed with the plea hearing if the court determines the victim received adequate notice of the hearing. A court that determines the victim did not receive adequate notice of the plea hearing shall adjourn the hearing until such time as the victim can be present with the opportunity to be heard by the court. If the victim objects to the proposed plea bargain, the victim shall notify the court and the prosecutor within a reasonable time from receipt of notice of the proposed plea bargain from the prosecutor, and the court shall schedule a hearing on the victims objection.
At the hearing, the victim, the prosecutor, and the defendant may present testimony and argument regarding the victims opposition to the proposed plea bargain. The court may, within its discretion, reject the plea if the court finds that: (1) the proposed plea violates the victims rights under Article I, paragraph 22 of the New Jersey Constitution, or any law of this State; (2) to permit the plea would cause a manifest injustice to the victim or the victims survivors; and (3) a rejection of the plea offer does not violate the defendants rights under the federal and State constitutions.
Nothing 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;
p. To be present and to be heard at any judicial proceeding involving a crime [or] , any juvenile proceeding involving a criminal offense, any municipal court proceeding, and any administrative law proceeding held in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), except as otherwise provided by Article I, paragraph 22 of the New Jersey Constitution;
q. To be notified of any release or escape of the defendant; [and]
r. To appear in any court before which a proceeding implicating the rights of the victim is being held, with standing to file a motion or present argument on a motion filed to enforce any right conferred herein or by Article I, paragraph 22 of the New Jersey Constitution, and to receive an adjudicative decision by the court on any such motion [.] ; and
s. To be represented in any court by a private attorney in connection with any rights conferred herein, by