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A1365
ASSEMBLY, No. 1365
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
SYNOPSIS
���� Establishes the authority of the court to order
electronic monitoring of certain convicted domestic violence offenders.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning domestic violence offenders and amending and supplementing P.L.1991,
c.261, and making an appropriation.
����
Be It Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.����� Section 11 of
P.L.1991, c.261 (C.2C:25-27) is amended to read as follows:
���� 11.��� a.� When a defendant is
found guilty of a crime or offense involving domestic violence and a condition
of sentence restricts the defendant's ability to have contact with the victim,
the victim's friends, co-workers, or relatives, or an animal owned, possessed,
leased, kept, or held by either party or a minor child residing in the
household, that condition shall be recorded in an order of the court and a
written copy of that order shall be provided to the victim by the clerk of the
court or other person designated by the court. In addition to restricting a
defendant's ability to have contact with the victim, the victim's friends,
co-workers, or relatives, or an animal owned, possessed, leased, kept, or held
by either party or a minor child residing in the household, the court may
require the defendant to receive professional counseling from either a private
source or a source appointed by the court, and if the court so orders, the
court shall require the defendant to provide documentation of attendance at the
professional counseling.� In any case where the court order contains a
requirement that the defendant receive professional counseling, no application
by the defendant to dissolve the restraining order shall be granted unless, in
addition to any other provisions required by law or conditions ordered by the
court, the defendant has completed all required attendance at such counseling.
���� b.��� In addition the court
may enter an order directing the possession of an animal owned, possessed,
leased, kept, or held by either party or a minor child residing in the
household. Where a person has abused or threatened to abuse such animal, there
shall be a presumption that possession of the animal shall be awarded to the
non-abusive party.
���� c.���� (1)� When a defendant
is found guilty of a crime or offense involving domestic violence, the court
shall inform the defendant that the defendant is prohibited from purchasing,
owning, possessing, or controlling a firearm pursuant to section 6 of P.L.1979,
c.179 (C.2C:39-7) and from receiving or retaining a firearms purchaser
identification card or permit to purchase a handgun pursuant to N.J.S.2C:58-3.�
The court shall order the defendant to arrange for the immediate surrender to a
law enforcement officer of any firearm that has not already been seized or
surrendered and any firearms purchaser identification card or permit to
purchase a handgun possessed by the defendant.� No later than five business
days after the order is entered, however, the defendant may arrange to sell any
surrendered firearm to a licensed retail dealer of firearms who shall be
authorized to take possession of that purchased firearm from the law
enforcement agency to which it was surrendered no later than 10 business days
after the order is entered. Any card or permit issued to the defendant shall be
deemed immediately revoked.� The court shall establish a process for notifying
the appropriate authorities of the conviction requiring the revocation of the
card or permit.� A law enforcement officer accepting a surrendered firearm
shall provide the defendant with a receipt listing the date of surrender, the
name of the defendant, and any item that has been surrendered, including the
serial number, manufacturer, and model of the surrendered firearm.� The
defendant shall provide a copy of this receipt to the prosecutor within 48
hours of service of the order, and shall attest under penalty that any firearms
owned or possessed at the time of the order have been transferred in accordance
with this section and that the defendant currently does not possess any
firearms. The defendant alternatively may attest under penalty that he did not
own or possess a firearm at the time of the order and currently does not
possess a firearm.� If the court, upon motion of the prosecutor, finds probable
cause that the defendant has failed to surrender any firearm, card, or permit,
the court may order a search for and removal of these items at any location
where the judge has reasonable cause to believe these items are located.� The
judge shall state with specificity the reasons for and the scope of the search
and seizure authorized by the order.
���� (2)�� A law enforcement
officer who receives a firearm that is surrendered, but not purchased and taken
possession of by a licensed retail dealer of firearms within 10 business days
of when the order is entered pursuant to paragraph (1) of this subsection, may
dispose of the surrendered firearm in accordance with the provisions of
N.J.S.2C:64-6.� A firearm purchased by a licensed retail dealer from a
defendant shall become part of the inventory of the dealer.
���� �
d.�� (1) In addition, the
court may order the electronic monitoring, utilizing global positioning system
technology, of a convicted defendant referred to in subsection a. of this
section who is deemed to present a serious risk of re-offense.
����
(2)�� In exercising
judicial discretion in determining subjects to monitor electronically, the
court shall consider the risks posed by the subject, based on relevant risk
factors such as the seriousness of the offense upon which the conviction was
based and any other factors the court deems appropriate.
(cf: P.L.2016, c.91, s.1)
���� �2.�� Section 13 of P.L.1991,
c.261 (C.2C:25-29) is amended to read as follows:
���� 13.���� a.� A hearing shall be
held in the Family Part of the Chancery Division of the Superior Court within
10 days of the filing of a complaint pursuant to section 12 of P.L.1991, c.261
(C.2C:25-28) in the county where the ex parte restraints were ordered, unless
good cause is shown for the hearing to be held elsewhere. A copy of the
complaint shall be served on the defendant in conformity with the Rules of
Court. If a criminal complaint arising out of the same incident which is the
subject matter of a complaint brought under P.L.1981, c.426
(C.2C:25-1 et seq.) or P.L.1991, c.261 (C.2C:25-17 et seq.) has
been filed, testimony given by the plaintiff or defendant in the domestic
violence matter shall not be used in the simultaneous or subsequent criminal
proceeding against the defendant, other than domestic violence contempt matters
and where it would otherwise be admissible hearsay under the rules of evidence
that govern where a party is unavailable.� At the hearing the standard for
proving the allegations in the complaint shall be by a preponderance of the
evidence.� The court shall consider but not be limited to the following
factors:
���� (1)�� The previous history of
domestic violence between the plaintiff and defendant, including threats,
harassment and physical abuse;
���� (2)�� The existence of
immediate danger to person or property;
���� (3)�� The financial
circumstances of the plaintiff and defendant;
���� (4)�� The best interests of
the victim and any child;
���� (5)�� In determining custody
and parenting time the protection of the victim's safety; and
���� (6)�� The existence of a
verifiable order of protection from another jurisdiction.
���� An order issued under this act
shall only restrain or provide damages payable from a person against whom a
complaint has been filed under this act and only after a finding or an
admission is made that an act of domestic violence was committed by that person.�
The issue of whether or not a violation of this act occurred, including an act
of contempt under this act, shall not be subject to mediation or negotiation in
any form.� In addition, where a temporary or final order has been issued
pursuant to this act, no party shall be ordered to participate in mediation on
the issue of custody or parenting time.
���� �b.�� In proceedings in which
complaints for restraining orders have been filed, the court shall grant any
relief necessary to prevent further abuse.� In addition to any other
provisions, any restraining order issued by the court shall bar the defendant
from purchasing, owning, possessing or controlling a firearm and from receiving
or retaining a firearms purchaser identification card or permit to purchase a
handgun pursuant to N.J.S.2C:58-3 during the period in which the restraining
order is in effect or two years, whichever is greater. The order shall require
the immediate surrender of any firearm or other weapon belonging to the
defendant. The order shall include notice to the defendant of the penalties for
a violation of any provision of the order, including but not limited to the
penalties for contempt of court and unlawful possession of a firearm or other
weapon pursuant to N.J.S.2C:39-5.
���� A law enforcement officer
shall accompany the defendant, or may proceed without the defendant if
necessary, to any place where any firearm or other weapon belonging to the
defendant is located to ensure that the defendant does not gain access to any
firearm or other weapon, and a law enforcement officer shall take custody of
any firearm or other weapon belonging to the defendant.� If the order prohibits
the defendant from returning to the scene of domestic violence or other place
where firearms or other weapons belonging to the defendant are located, any
firearm or other weapon located there shall be seized by a law enforcement
officer.� The provisions of this subsection requiring the surrender or removal
of a firearm, card, or permit shall not apply to any law enforcement officer
while actually on duty, or to any member of the Armed Forces of the United
States or member of the National Guard while actually on duty or traveling to
or from an authorized place of duty.� At the hearing the judge of the Family Part
of the Chancery Division of the Superior Court may issue an order granting any
or all of the following relief:�
���� (1)�� An order restraining the
defendant from subjecting the victim to domestic violence, as defined in this
act.�
���� (2)�� An order granting
exclusive possession to the plaintiff of the residence or household regardless
of whether the residence or household is jointly or solely owned by the parties
or jointly or solely leased by the parties.� This order shall not in any manner
affect title or interest to any real property held by either party or both
jointly.� If it is not possible for the victim to remain in the residence, the
court may order the defendant to pay the victim's rent at a residence other
than the one previously shared by the parties if the defendant is found to have
a duty to support the victim and the victim requires alternative housing.�
���� (3)�� An order providing for
parenting time. The order shall protect the safety and well-being of the
plaintiff and minor children and shall specify the place and frequency of
parenting time. Parenting time arrangements shall not compromise any other
remedy provided by the court by requiring or encouraging contact between the
plaintiff and defendant.� Orders for parenting time may include a designation
of a place of parenting time away from the plaintiff, the participation of a
third party, or supervised parenting time.
���� (a)�� The court shall consider
a request by a custodial parent who has been subjected to domestic violence by
a person with parenting time rights to a child in the parent's custody for an
investigation or evaluation by the appropriate agency to assess the risk of
harm to the child prior to the entry of a parenting time order.� Any denial of
such a request must be on the record and shall only be made if the judge finds
the request to be arbitrary or capricious.
���� (b)�� The court shall consider
suspension of the parenting time order and hold an emergency hearing upon an
application made by the plaintiff certifying under oath that the defendant's
access to the child pursuant to the parenting time order has threatened the
safety and well-being of the child.
���� (4)�� An order requiring the
defendant to pay to the victim monetary compensation for losses suffered as a
direct result of the act of domestic violence.� The order may require the
defendant to pay the victim directly, to reimburse the Victims of Crime Compensation
Office for any and all compensation paid by the Victims of Crime Compensation
Office directly to or on behalf of the victim, and may require that the
defendant reimburse any parties that may have compensated the victim, as the
court may determine. Compensatory losses shall include, but not be limited to,
loss of earnings or other support, including child or spousal support,
out-of-pocket losses for injuries sustained, cost of repair or replacement of
real or personal property damaged or destroyed or taken by the defendant, cost
of counseling for the victim, moving or other travel expenses, reasonable
attorney's fees, court costs, and compensation for pain and suffering. Where
appropriate, punitive damages may be awarded in addition to compensatory damages.
���� (5)�� An order requiring the
defendant to receive professional domestic violence counseling from either a
private source or a source appointed by the court and, in that event, requiring
the defendant to provide the court at specified intervals with documentation of
attendance at the professional counseling.� The court may order the defendant
to pay for the professional counseling.� No application by the defendant to
dissolve a final order which contains a requirement for attendance at
professional counseling pursuant to this paragraph shall be granted by the
court unless, in addition to any other provisions required by law or conditions
ordered by the court, the defendant has completed all required attendance at
such counseling.
���� (6)�� An order 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 victim or other family or
household members.
���� (7)�� An order 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.
���� (8)�� An order requiring that
the defendant make or continue to make rent or mortgage payments on the
residence occupied by the victim if the defendant is found to have a duty to
support the victim or other dependent household members; provided that this
issue has not been resolved or is not being litigated between the parties in
another action.
���� (9)�� An order granting either
party temporary possession of specified personal property, such as an
automobile, checkbook, documentation of health insurance, an identification
document, a key, and other personal effects.
���� (10)��� An order awarding
emergency monetary relief, including emergency support for minor children, to
the victim and other dependents, if any.� An ongoing obligation of support
shall be determined at a later date pursuant to applicable law.
���� (11)��� An order awarding
temporary custody of a minor child.� The court shall presume that the best
interests of the child are served by an award of custody to the non-abusive
parent.
���� (12)��� An order requiring
that a law enforcement officer accompany either party to the residence or any
shared business premises to supervise the removal of personal belongings in
order to ensure the personal safety of the plaintiff when a restraining order
has been issued.� This order shall be restricted in duration.
���� (13)��� (Deleted by amendment,
P.L.1995, c.242).
���� (14)��� An order granting any
other appropriate relief for the plaintiff and dependent children, provided
that the plaintiff consents to such relief, including relief requested by the
plaintiff at the final hearing, whether or not the plaintiff requested such relief
at the time of the granting of the initial emergency order.
���� (15)��� An order that requires
that the defendant report to the intake unit of the Family Part of the Chancery
Division of the Superior Court for monitoring of any other provision of the
order.
���� (16)��� In addition to the
order required by this subsection prohibiting the defendant from possessing any
firearm, the court may also issue an order prohibiting the defendant from
possessing any other weapon enumerated in subsection r. of N.J.S.2C:39-1 and
ordering the search for and seizure of any firearm or other weapon at any
location where the judge has reasonable cause to believe the weapon is
located.� The judge shall state with specificity the reasons for and scope of
the search and seizure authorized by the order.
���� (17)��� An order 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).
���� (18)��� An order requiring the
defendant to undergo a psychiatric evaluation.
���� (19)��� An order directing the
possession of any animal owned, possessed, leased, kept, or held by either
party or a minor child residing in the household. Where a person has abused or
threatened to abuse such animal, there shall be a presumption that possession
of the animal shall be awarded to the non-abusive party.
����
(20)��� An order requiring
electronic monitoring of the defendant pursuant to the provisions of section 3
of P.L.�� , c.�� (C.���� ) (pending before the Legislature as this bill).
����
In exercising judicial
discretion in determining subjects to monitor electronically, the court shall
consider the risks posed by the subject, based on relevant risk factors such as
the seriousness of the offense upon which the allegation was based and any
other factors the court deems appropriate.
���� �c.��� Notice of orders issued
pursuant to this section shall be sent by the clerk of the Family Part of the
Chancery Division of the Superior Court or other person designated by the court
to the appropriate chiefs of police, members of the State Police and any other
appropriate law enforcement agency.
���� �d.�� Upon good cause shown,
any final order may be dissolved or modified upon application to the Family
Part of the Chancery Division of the Superior Court, but only if the judge who
dissolves or modifies the order is the same judge who entered the order, or has
available a complete record of the hearing or hearings on which the order was
based.�
���� �e.��� Prior to the issuance
of any order pursuant to this section, the court shall order that a search be
made of the domestic violence central registry.�
(cf: P.L.2016, c.91, s.3)
���� 3.��� (New section)� a.� The
director of the Administrative Office of the Courts, in consultation with the
Attorney General, shall establish a program for the continuous, satellite-based
monitoring of eligible defendants convicted of domestic violence offenses and
defendants against whom a final restraining order has been issued pursuant to
section 13 of P.L.1991, c.261 (C.2C:25-29).� The system shall provide for the
capability of active and passive monitoring, or a combination of both.
���� �b.�� The monitoring system,
at a minimum, shall provide:
���� (1)�� Time-correlated or
continuous tracking of the geographic location of the monitored subject using a
global positioning system based on satellite and other location technology; and
���� (2)�� An automated monitoring
system that can be used to permit law enforcement agencies to compare the
geographic positions of monitored subjects with reported crime incidents and
whether the subject was in the proximity of such reported crime incidents.
���� c.���� The Administrative
Office of the Courts shall develop procedures to determine, investigate, and
report on a 24 hours per day basis a monitored subject�s noncompliance with the
terms and conditions of the monitoring program. All reports of noncompliance shall
be investigated immediately by a parole or law enforcement officer.
���� d.��� The director may
promulgate guidelines to effectuate the provisions of this act.
���� 4.��� (New section)��� Notwithstanding
any provision of law, rule or regulation to the contrary, the director,
Attorney General, Superintendent of State Police and county and municipal law
enforcement agencies may share criminal incident information with each other
and the vendor selected by the director to provide the monitoring equipment for
the program.� The director may direct the vendor to use data obtained pursuant
to this act in preparing correlation reports for distribution and use by State,
county and municipal law enforcement agencies.
���� 5.��� (New section)��� a.�� A
person who is monitored under the program established pursuant to this act
shall be assessed the cost of the monitoring device.
���� b.��� A person who tampers
with, removes or vandalizes a device worn or utilized by a monitored subject
pursuant to this act is guilty of a crime of the third degree.
���� c.���� A person who is
monitored under the program established pursuant to this act and fails to
comply with its requirements is guilty of a crime of the third degree.
���� 6.��� There is appropriated
$500,000 from the General Fund to the Administrative Office of the Courts
for the purposes of implementing the program established pursuant to this act.
���� 7.��� This act shall take
effect immediately.
STATEMENT
���� This bill establishes the
authority of the court to order electronic monitoring of a defendant found
guilty of a crime or offense involving domestic violence when a condition of
sentence restricts the defendant's ability to have contact with the victim.�
The bill would further authorize the court to order electronic monitoring for a
defendant following the issuance of a final restraining order issued pursuant
to section 13 of P.L.1991, c.261 (C.2C:25-29), to address the heightened risk
of injury to a victim during this period.
���� Under the bill, the
Administrative Office of the Courts in consultation with the Attorney General
is directed to establish a program for the continuous, satellite-based
monitoring of domestic violence defendants deemed to present a serious risk of
re-offense based upon relevant risk factors such as the seriousness of the
offense which is the basis of the conviction and any other factors the court
deems relevant.� The monitoring system would use global positioning system
(GPS) technology.