Expands scope of law enforcement sexual assault training; codifies certain responsibilities of county sexual violence programs and rape care advocates.

A1355

ASSEMBLY, No. 1355

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

SYNOPSIS

���� Expands scope of law enforcement sexual assault
training; codifies certain responsibilities of county sexual violence programs
and rape care advocates.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning law enforcement sexual assault
training and sexual assault victim services and amending P.L.2017, c.192 and
P.L.2001, c.81.�

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.2017,
c.192 (C.52:4B-54.1) is amended to read as follows:�

���� 1.��� a.�� The Division of
Criminal Justice shall develop or approve a training course and curriculum for
law enforcement officers on the handling, investigation, and response
procedures for reports of sexual assault.�

����
The training course
and curriculum shall include information on the neurobiological impact of
trauma, the influence of societal myths and stereotypes, understanding
perpetrator behavior, and conducting effective investigations, including but
not limited to:�

����
(1)� how specific
experiences impact victim trauma, memory, reactions, and behavior and the
impact of the law enforcement officer�s interpretation of this behavior on a
sexual assault investigation;

����
(2)� the
impact of decisions made by law enforcement on the progression of a sexual
assault investigation;

����
(3)� strategies
for working with victims to facilitate trust and communication;

����
(4)� strategies
for postponing judgment on the validity of a case until a thorough
investigation is completed; and

����
(5)� investigative
methods and techniques focusing on offender behavior.

���� This training course and
curriculum shall be reviewed at least every two years by the division and
modified as need may require.� The division shall make the curriculum available
to all law enforcement agencies in the State.��

���� b.��� The Attorney General
shall be responsible for ensuring that all law enforcement officers
,
including prosecutors, triennially
complete in-service training
[
triennially
]
on the
handling of sexual assault matters.�

(cf:� P.L.2017, c.192, s.1)

���� 2.��� Section 6 of P.L.2001,
c.81 (C.52:4B-54) is amended to read as follows:�

���� 6.��� a.���� The county
prosecutor's office in each county shall establish a Sexual Assault Response
Team or shall enter into a collaborative agreement with another county to share
the services of

that county's response team. The
response team shall be comprised

of: a certified forensic sexual
assault nurse examiner, a rape care advocate from the county program
established, or designated by the Division on Women in the Department of
Children and Families, as provided under section 3 of P.L.2001, c.81
(C.52:4B-51), and a law enforcement official.� The response team shall:�

���� (1)�� respond to a report of
sexual assault at the request of a victim of sexual assault pursuant to
guidelines established by the Attorney General pursuant to section 17 of
P.L.2001, c.81 (C.52:4B-60); and

���� (2)�� provide treatment,
counseling, legal, and forensic medical services to a victim of sexual assault
in accordance with
this section and
the standard protocols developed by
the Attorney General pursuant to subsection d. of section 6 of P.L.1985, c.404
(C.52:4B-44).

���� b.��� Each member of the
response team shall complete the standardized education and training program
developed by the program coordinator pursuant to subsection e. of section 4 of
P.L.2001, c.81 (C.52:4B-52).�

����
c.���� Every healthcare
facility and law enforcement agency shall ensure that a sexual assault victim is
informed of the availability of services offered by a designated county sexual
violence program, including, but not limited, to the availability of a rape
care advocate, regardless of the time or location of the incident or whether
the victim reported the incident to a law enforcement agency. �A representative
of the facility or agency, as appropriate, shall convey this information as
soon as possible, but at a minimum, before a sexual assault medical forensic
examination is conducted or a statement is taken, unless the victim requires
immediate medical attention, in which case the information shall be conveyed as
soon as possible after receipt of medical attention.�

����
d.��� If the victim
requests the services of a rape care advocate from the county sexual violence
program, the healthcare facility or law enforcement agency shall procure these
services on behalf of the victim.�

����
e.���� Services to be
provided by the rape care advocate shall include, but not be limited to:

����
(1)� explaining the
advocate�s role on the sexual assault response team and informing the victim of
all available resources, including the services provided by the program;

����
(2)� explaining the
importance of seeking medical attention, and the value of timely evidence
collection and early reporting to law enforcement;

����
(3)� being available to
privately speak with the victim prior to and during any investigative and
sexual assault medical forensic interview or procedure and providing the victim
a safe, neutral, and confidential place to consider options;

����
(4)� supporting the victim�s
decisions;�

����
(5)� if requested by the
victim, being present during any medical forensic examination or law
enforcement interview to provide crisis intervention and emotional support;

����
(6)� making periodic
follow-up visits with the victim to ensure the victim is receiving all
appropriate services; and

����
(7)� maintaining
confidentiality of all communications between the advocate and the victim,
unless the victim otherwise directs, in writing, that the communications be
disclosed.�

����
f.���� The services of the
sexual violence program, including the services provided by the rape care
advocate, shall be available to the victim throughout the post-sexual assault healing
process.� These services shall include, but not be limited to:

����
(1)� accompanying the victim
to any forensic examination, law enforcement agency, or legal or court
proceeding;

����
(2)� crisis counseling,
individual counseling, and support groups;

����
(3)� providing referrals to
additional resources;

����
(4)� providing periodic
follow-up visits with the victim; and

����
(5)� providing support for non-offending
family members and friends.

(cf:� P.L.2012, c.16, s.135)

���� 3.��� This act shall take
effect on the first day of the seventh month next following the date of
enactment.�

STATEMENT

���� This bill
requires trauma-informed sexual assault training for law enforcement officers and
codifies the requirement that sexual assault victims be informed of and
provided with services by county-based sexual violence programs.��

���� Current law
requires the
Division of Criminal Justice to develop or approve a
training course and curriculum for law enforcement officers on the handling,
investigation, and response procedures for reports of sexual assault.� The
division is required to make the course and curriculum available to all law
enforcement agencies throughout the State.� Law enforcement officers are
required to complete the training every three years.�

����
This bill
specifically requires the sexual assault training course and curriculum to
include information on the neurobiological impact of trauma, the influence of
societal myths and stereotypes, understanding perpetrator behavior, and
conducting effective investigations.� Law enforcement officers are to be
trained on how specific experiences impact victim trauma, memory, reactions,
and behavior, and the impact of the officer�s interpretation of this behavior
on the investigation; the impact of decisions the officer makes on the progression
of the investigation; strategies for working with victims to facilitate trust
and communication; strategies for postponing judgment on the validity of a case
until a thorough investigation is completed; and investigative methods and
techniques focusing on offender behavior.� The bill clarifies that prosecutors
also are required to complete sexual assault training.�

���� Current law
requires each county to establish a sexual assault response team comprised of a
certified forensic sexual assault nurse examiner, a rape care advocate, and a
law enforcement officer for the purpose of responding to a report of sexual
assault and providing treatment, counseling, legal, and forensic medical
services pursuant to Attorney General guidelines.

���� Under this bill,
health
care facilities and law enforcement agencies are statutorily
required to ensure that a sexual assault victim is informed of the availability
of services offered by a designated county sexual violence program, including
the option to consult with a rape care advocate.� The information is to be conveyed
to the victim as soon as possible, but in any case before a sexual assault
medical forensic examination is conducted or a statement is taken by a law
enforcement agency.�

���� The healthcare facility or law
enforcement agency is responsible for obtaining the services of a rape care
advocate for the victim.� The bill requires the rape care advocate to explain
his or her role on the sexual assault response team and inform the victim of
all available resources, including the services of the county program.� The
advocate also is to explain the importance of seeking medical attention, and
the value of timely evidence collection and early reporting to law
enforcement.� The advocate is to be available to privately speak with the
victim prior to and during any investigative and sexual assault medical
forensic interview or procedure.� It is also the responsibility of the advocate
to provide the victim with a safe, neutral, and confidential place to consider options.�
The advocate is to support the victim�s decisions and provide crisis
intervention and emotional support during medical forensic examinations or law
enforcement interviews.� The advocate is required to periodically follow-up
with the victim to ensure the victim is receiving all appropriate services.�
Communications between the advocate and the victim are to be held confidential.

���� The services of the county
sexual violence program, including the rape care advocate, are to be available
to the victim throughout the post-sexual assault healing process.� These
services include accompanying the victim to forensic medical examinations, law
enforcement agencies, or legal or court proceedings; providing crisis
counseling, individual counseling, and support groups; providing referrals to
additional resources; providing periodic follow-up visits with the victim; and
providing support for non-offending family members and friends.