NICOLES'LAW

NICOLE'S LAW

 

Page 1 of 4 P.L. 2007, c. 133 Approved August 6, 2007 SENATE COMMITTEE SUBSTITUTE FOR SENATE, No. 2215 STATE OF NEW JERSEY 212th LEGISLATURE ADOPTED FEBRUARY 26, 2007 Sponsored by: Senator ROBERT W. SINGER, District 30 (Burlington, Mercer, Monmouth and Ocean) Senator LEONARD T. CONNORS, JR., District 9 (Atlantic, Burlington and Ocean) Assemblyman RONALD S. DANCER, District 30 (Burlington, Mercer, Monmouth and Ocean) Assemblyman JOSEPH MALONE, III, District 30 (Burlington, Mercer, Monmouth and Ocean)Assemblyman LOUIS M. MANZO, District 31 (Hudson) Assemblyman JOSEPH VAS, District 19 (Middlesex)Co-Sponsored by: Senators Ciesla, Bark, Bucco, Buono, Coniglio, Doria, James, Kavanaugh,Kenny, Lance, Littell, Sarlo, Sweeney, Turner, Vitale, Inverso, Madden, Assemblymen Rumpf,Connors, Assemblywoman Beck, Assemblymen Stack, Mayer, Assemblywoman Lampitt,Assemblyman Panter and Assemblywoman Greenstein    SYNOPSIS“Nicole’s Law;” permits victim of sex offense to obtain restraining order against offender.  Substitute as adopted by the Senate Judiciary Committee. AN ACT concerning victims of crime and designated as Nicole’s Law, supplementing chapter14 of Title 2C of the New Jersey Statutes, and amending N.J.S.2C:45-1 and N.J.S.2C:45-2.         BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:1. (New section) As used in this act,“Sex offense” means a sex offense as defined in subsection b. of section 2 of P.L.1994, c.133(C.2C:7-2).“Victim” means a “victim” as defined in N.J.S.2C:14-1.2. (New section) a. When a defendant charged with a sex offense is released from custody before trial on bail or personal recognizance, the court authorizing the release may, as a condition of release, issue an order prohibiting the defendant from having any contact with the victim including, but not limited to, restraining the defendant from entering the victim’s residence, place of employment or business, or school, and from harassing or stalking the victim or the victim’s relatives in any way. The written court order releasing the defendant shall contain the court’s directives specifically restricting the defendant’s ability to have contact with the victim or the victim’s friends, co-workers or relatives. The clerk of the court or other person designated by the court shall provide a copy of this order to the victim forthwith.

 c. The victim’s location shall remain confidential and shall not

 appear on any documents or records to which the defendant has

 access.

 3. (New section) When a defendant is found guilty of a sex

 offense, the court may, at the time of sentencing and in addition to

 any other disposition authorized by law, order the continuation of a

 prior order or condition of bail that restricts the defendant’s contact

 with the victim, or enter an order imposing such restrictions at the

 time of sentencing. In addition to restricting a defendant’s contact

 with the victim, the court may enter an order:

 a. restraining the defendant from entering the residence,

 property, school, or place of employment of the victim or of other

 family or household members of the victim and requiring the

 defendant to stay away from any specified place that is named in

the order and is frequented regularly by the vi 1 ctim or other family

 or household members;

 b. restraining the defendant from making contact with the

 plaintiff or others, including an order forbidding the defendant from

 personally or through an agent initiating any communication likely

 to cause annoyance or alarm including, but not limited to, personal,

 written, or telephone contact with the victim or other family

 members, or their employers, employees, or fellow workers, or

 others with whom communication would be likely to cause

 annoyance or alarm to the victim;

 c. prohibiting the defendant from stalking or following, or

 threatening to harm, to stalk or to follow, the complainant or any

 other person named in the order in a manner that, taken in the

 context of past actions of the defendant, would put the complainant

 in reasonable fear that the defendant would cause the death or injury

 of the complainant or any other person. Behavior prohibited under

 this act includes, but is not limited to, behavior prohibited under the

 provisions of P.L.1992, c. 209 (C.2C:12-10);

 d. providing for any other appropriate restraints necessary to

 protect the victim.

 4. N.J.S.2C:45-1 is amended to read as follows:

 2C:45-1. Conditions of Suspension or Probation.

 a. When the court suspends the imposition of sentence on a

 person who has been convicted of an offense or sentences him to be

 placed on probation, it shall attach such reasonable conditions,

 authorized by this section, as it deems necessary to insure that he

 will lead a law-abiding life or is likely to assist him to do so. These

 conditions may be set forth in a set of standardized conditions

 promulgated by the county probation department and approved by

 the court.

 b. The court, as a condition of its order, may require the

 defendant:

 (1) To support his dependents and meet his family

 responsibilities;

 (2) To find and continue in gainful employment;

(3) To undergo available medical or psychiatric treatment and to

 enter and remain in a specified institution, when required for that

 purpose;

 (4) To pursue a prescribed secular course of study or vocational

 training;

 (5) To attend or reside in a facility established for the

 instruction, recreation or residence of persons on probation;

 (6) To refrain from frequenting unlawful or disreputable places

 or consorting with disreputable persons;

 (7) Not to have in his possession any firearm or other dangerous

 weapon unless granted written permission

(8) (Deleted by amendment, 1 P.L.1991, c.329);

 (9) To remain within the jurisdiction of the court and to notify

 the court or the probation officer of any change in his address or his

 employment;

 (10) To report as directed to the court or the probation officer, to

 permit the officer to visit his home, and to answer all reasonable

 inquiries by the probation officer;

 (11) To pay a fine;

 (12) To satisfy any other conditions reasonably related to the

 rehabilitation of the defendant and not unduly restrictive of his

 liberty or incompatible with his freedom of conscience;

 (13) To require the performance of community-related service.

 In addition to any condition of probation, the court may enter an

 order prohibiting a defendant who is convicted of a sex offense

 from having any contact with the victim including, but not limited

 to, entering the victim's residence, place of employment or business,

 or school, and from harassing or stalking the victim or victim's

 relatives in any way, and may order other protective relief as

 provided in section 2 of P.L. , c. (C. ) (pending before the

 Legislature as section 2 of this bill).

 c. The court, as a condition of its order, shall require the

defendant to pay any assessments required by section 2 of P.L.1979,

 c.396 (C.2C:43-3.1) and shall, consistent with the applicable

 provisions of N.J.S.2C:43-3, N.J.S.2C:43-4 and N.J.S.2C:44-2 or

 section 1 of P.L. 1983, c.411 (C.2C:43-2.1) require the defendant to

 make restitution.

 d. In addition to any condition imposed pursuant to subsection

 b. or c., the court shall order a person placed on probation to pay a

 fee, not exceeding $25.00 per month for the probationary term, to

 probation services for use by the State, except as provided in

 subsection g. of this section. This fee may be waived in cases of

 indigency upon application by the chief probation officer to the

 sentencing court.

 e. When the court sentences a person who has been convicted

 of a crime to be placed on probation, it may require him to serve a

 term of imprisonment not exceeding 364 days as an additional

condition of its order. When the court sentences a person convicted

 of a disorderly persons offense to be placed on probation, it may require

him to serve a term of imprisionment not exceeding 90 days 

 as an additional condition of its order. In imposing a term of

 imprisonment pursuant to this subsection, the sentencing court shall

 specifically place on the record the reasons which justify the

 sentence imposed. The term of imprisonment imposed hereunder

 shall be treated as part of the sentence, and in the event of a

 sentence of imprisonment upon the revocation of probation, the

 term of imprisonment served hereunder shall be credited toward

 service of such subsequent sentence. A term of imprisonment

imposed under this section shall be 1 governed by the "Parole Act of

 1979," P.L.1979, c.441 (C.30:4-123.45 et al.).

 Whenever a person is serving a term of parole as a result of a

 sentence of incarceration imposed as a condition of probation,

 supervision over that person shall be maintained pursuant to the

 provisions of the law governing parole. Upon termination of the

 period of parole supervision provided by law, the county probation

 department shall assume responsibility for supervision of the person

 under sentence of probation. Nothing contained in this section shall

 prevent the sentencing court from at any time proceeding under the

 provisions of this chapter against any person for a violation of

 probation.

 f. The defendant shall be given a copy of the terms of his

 probation or suspension of sentence and any requirements imposed

 pursuant to this section, stated with sufficient specificity to enable

 him to guide himself accordingly. The defendant shall

 acknowledge, in writing, his receipt of these documents and his

 consent to their terms.

 g. Of the moneys collected under the provisions of subsection

 d. of this section, $15.00 of each monthly fee collected before

 January 1, 1995 shall be deposited in the temporary reserve fund

 created by section 25 of P.L.1993, c.275, and $10.00 of each shall

 be deposited into a "Community Service Supervision Fund" which

 shall be established by each county. The moneys in the

 "Community Service Supervision Fund" shall be expended only in

 accordance with the provisions of State law as shall be enacted to

 provide for expenditures from this fund for the purpose of

 supervising and monitoring probationers performing community

 service to ensure, by whatever means necessary and appropriate,

 that probationers are performing the community service ordered by

 the court and that the performance is in the manner and under the

 terms ordered by the court.

 (cf: P.L.1993,c.275,s.16.)

. N.J.S.2C:45-2 is amended to read as follows:

 2C:45-2. Period of Suspension or Probation; Modification of

 Conditions; Discharge of Defendant

 a. When the court has suspended imposition of sentence or has

 sentenced a defendant to be placed on probation, the period of the

 suspension shall be fixed by the court at not to exceed the maximum

 whichever is lesser. The period of probation shall be fixed by the

 court at not less than 1 year nor more than 5 years. The court, on

 application of a probation officer or of the defendant, or on its own

 motion, may discharge the defendant at any time.

 b. During the period of the suspension or probation, the court,

 on application of a probation officer or of the defendant, or on its

own motion, may (1) modify the r 1 equirements imposed on the

 defendants; or (2) add further requirements authorized by

 N.J.S.2C:45-1. The court shall eliminate any requirement that

 imposes an unreasonable burden on the defendant.

 c. Upon the termination of the period of suspension or

 probation or the earlier discharge of the defendant, the defendant

 shall be relieved of any obligations imposed by the order of the

 court and shall have satisfied his sentence for the offense unless the

 defendant has failed:

 (1) to fulfill conditions imposed pursuant to paragraph b. (11) of

 N.J.S.2C:45-1, in which event the court may order that the

 probationary period be extended for an additional period not to

exceed that authorized by subsection a. of this section; or

 (2) to fulfill the conditions imposed pursuant to subsection c. of

 N.J.S.2C:45-1, in which event the court shall order that the

 probationary period be extended for an additional period not to

 exceed that authorized by subsection a. of this section.

 The extension may be entered by the court without the

 defendant's personal appearance if the defendant agrees to the

 extension.

 Notwithstanding any provision in this section to the contrary,

 any order of the court prohibiting contact with a victim imposed on

 a defendant convicted of a sex offense shall continue in effect

 following the termination of probation supervision until further

 order of the court.

 (cf: P.L.1991,c.329,s.9.)

 6. This act shall take effect immediately, but sections 3, 4, and

 5 shall only apply to persons who commit sex offenses after the

 effective date of this act.

 “Nicole’s Law;” permits victim of sex offense to obtain

 restraining order against offender.