Authorizes funding to protect safety of cooperating witnesses; expands Crime Victim's Bill of Rights to provide these witnesses with certain guarantees.

A1773

ASSEMBLY, No. 1773

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblyman ROBERT J. KARABINCHAK

District 18 (Middlesex)

Co-Sponsored by:

Assemblywoman Haider, Assemblymen Hutchison, Rodriguez,
Sampson, Assemblywomen Speight, Donlon, Peterpaul and Park

SYNOPSIS

���� Authorizes funding to protect safety of cooperating
witnesses; expands Crime Victim's Bill of Rights to provide these witnesses
with certain guarantees.

CURRENT VERSION OF TEXT

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

��

An Act
concerning
the rights of certain witnesses to crime and amending P.L.2016, c.97; P.L.1985,
c.249; and P.L.1991, c.329.��

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

����� 1.�
Section 1 of P.L.2016, c.97 (C.52:4B-12.1) is amended to read as follows:�

����� 1.�

a.
� Notwithstanding the provisions of section 10 of P.L.1971, c.317
(C.52:4B-10) or the provisions of section 12 of P.L.1971, c.317 (C.52:4B-12),
the Victims of Crime Compensation Office may, upon application, order the
payment of
:

�����
(1)

relocation expenses for a witness and
[
the
]

those residing with the witness at the time of
the offense, such as
family
[
of
]

members or others sharing a permanent resident
with
the witness
;� and

�����
(2)�
expenses related to protecting the safety of a victim or a

cooperating
witness
.

�����
b.
�
As used in this section
[
,
"witness"
]
:�

�����
�Cooperating witness�
means a witness who testifies for the government to help prosecute a crime or who
otherwise cooperates with law enforcement and prosecution efforts, and includes
a confidential informant; and

�����
�witness�

means a person, including
a victim,
who witnessed the commission of any
of the offenses listed under section 11 of P.L.1971, c.317 (C.52:4B-11) and who
has been threatened as a result
of or has been placed at risk due to their
cooperation with law enforcement and prosecution efforts
.�

(cf:
P.L.2016, c.97, s.1)

����� 2.�� 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 prior to the
conclusion 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 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 at any judicial proceeding involving a crime or any juvenile
proceeding involving a criminal offense, 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 receive protection from harm and threats of harm arising out of their
cooperation with law enforcement and prosecution efforts and to be provided
with information as to the level of protection available, and, if testifying
for the prosecution, to be provided assistance before and during trial to cope
with the psychological and practical obstacles of testifying
.

(cf:
P.L.2012, c.27, s.1)

����� 3.�� Section
20 of P.L.1991, c.329 (C.52:4B-43.1) is amended to read as follows:�

����� 20.�
a.� The Victim and Witness Advocacy Fund, established in the State Treasury by
section 2 of P.L.1979, c.396 (C.2C:43-3.1), administered by the Department of
Law and Public Safety through the Division of Criminal Justice, pursuant to
rules and regulations promulgated by the Director of the Division of Criminal
Justice, to support the development and provision of services to victims and
witnesses of crimes and for related administrative costs, is hereby continued.�

����� b.�
The division is authorized to continue disbursing moneys deposited in the
Victim and Witness Advocacy Fund to fund the operation of the State Office of
Victim and Witness Advocacy,�
to fund
the 21 county offices of Victim
and Witness Advocacy
,
and to provide funding to other public entities as
deemed appropriate for the implementation of the Attorney General Standards to
Ensure the Rights of Crime Victims.�

����� c.�
In addition, the division, pursuant to rules and regulations to be promulgated
by the director to ensure that funds are given to qualified entities that will
provide services consistent with
[
this act
]

P.L.1991, c.329 (C.2C:46-4.1 et al.)
, shall
award grants to
[
qualified public entities and not-for-profit
organizations that provide direct services
]

eligible organizations as set forth in subsection d. of this section to
provide
to victims and witnesses
[
, including but not limited to such
]

the following
services
[
as
]
:�

����� (1)�
shelter, food and clothing;

����� (2)�
medical and legal advocacy
and support
services;

����� (3)�
24-hour crisis response services and 24-hour hotlines;

����� (4)�
information and referral and community education;

����� (5)�
psychiatric treatment programs;

����� (6)�
expanded services for victims' families and significant others;

����� (7)�
short and long term counseling and support groups;

����� (8)�
emergency locksmith and carpentry services;

����� (9)�
financial services;
[
and
]

����� (10)�
medical testing ordered by a court pursuant to section 4 of P.L.1993, c.364
(C.2C:43-2.2)
; and

�����
(11)�
violence intervention and other services to ensure the safety of victims and
witnesses, including cooperating witnesses and their families and significant
others
.�

����� d.�
Organizations eligible to apply for grants under subsection c. of this section
include
,
but are not limited to:�

����� (1)�
member programs of the New Jersey Coalition for Battered Women, including but
not limited to
[
:
�

����� (a)�
Atlantic County Women's Center;

����� (b)�
Shelter Our Sisters, (Bergen County);

����� (c)�
Providence House/ Willingboro Shelter, (Burlington County);

����� (d)�
YWCA/SOLACE, (Camden County);

����� (e)�
Family Violence Project and The Safe House, (Essex County);

����� (f)�
People Against Spouse Abuse, (Gloucester County);

����� (g)�
Battered Women's Program, (Hudson County);

����� (h)�
Women's Crisis Services, (Hunterdon County);

����� (i)�
Womanspace, Inc., (Mercer County);

����� (j)�
Women Aware, Inc., (Middlesex County);

����� (k)�
Women's Resource and Survival Center, (Monmouth County);

����� (l)�
Jersey Battered Women's Services, Inc., (Morris County);

����� (m)�
Passaic County Women's Center, (Passaic County);

����� (n)�
Salem County Women's Services, (Salem County);

����� (o)�
Resource Center for Women and Their Families, (Somerset County);

����� (p)�
Domestic Abuse Services, Inc., (Sussex County);

����� (q)�
Project Protect, (Union County);

����� (r)�
Domestic Abuse and Rape Crisis Center, Inc., (Warren County); and

����� (s)�
Ocean County Women's Center; and

����� (2)�
rape care services and programs, including, but not limited to:�

����� (a)�
Atlantic County Women's Center, (Atlantic County);

����� (b)�
Bergen County Rape Crisis Center, (Bergen County);

����� (c)�
Women Against Rape, (Burlington County);

����� (d)�
Women Against Rape, (Camden County);

����� (e)�
Coalition against Rape and Abuse, (Cape May County);

����� (f)�
Cumberland County Guidance Center;

����� (g)�
North Essex Helpline and Sexual Assault Support Service, (Essex County);

����� (h)�
Gloucester County Rape Assault Prevention Program;

����� (i)�
Christ Hospital Mental Health Center, serving Hudson County;

����� (j)�
Women's Crisis Services, (Hunterdon County);

����� (k)�
Rape Crisis Program Mercer County YWCA, (Mercer County);

����� (l)�
Rape Crisis Intervention Center Roosevelt Hospital, (Middlesex County);

����� (m)�
Women's Resource Center, (Monmouth County);

����� (n)�
Parenting Center, Morristown Hospital, (Morris County);

����� (o)�
Ocean County Advisory Commission on the Status of Women, (Ocean County);

����� (p)�
Passaic County Women's Center, (Passaic County);

����� (q)�
Salem County Rape Crisis Service, (Salem County);

����� (r)�
Rape Crisis Service of Somerset and Richard Hall Mental Health Center Somerset
County Coalition for the prevention and Treatment of Sexual Abuse;�

����� (s)�
Project Against Sexual Assault Abuse, (Sussex County);

����� (t)�
Union County Rape Crisis Center;

����� (u)�
Domestic Abuse and Rape Crisis Center, (Warren County); and

����� (v)�
Alternatives to Domestic Violence of Hackensack, N.J. (Bergen County)
]

service providers and county-based programs
throughout the State which serve victims of violence, including, but not
limited to, those which provide culturally specific and geographic population
based services to victims of domestic violence, sexual violence, community
violence, or human trafficking
.

����� e.�� The

[
Director
]

director
shall report annually to the
Governor and the Legislature
pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1)
concerning the administration of the Victim and Witness
Advocacy Fund and the administration and award of grants authorized by this
section.�

(cf:
P.L.1993, c.364, s.2)

����� 4.�� (New
section)� a.� Prosecutors and law enforcement shall take appropriate steps to
protect victims and witnesses from harm and threats of harm arising out of
their cooperation with law enforcement and prosecution efforts, including the
provision of protective measures before, during, and after a hearing or trial.

����� b.�� The
court shall establish procedures and institute measures designed to ensure the
safety of witnesses while testifying at trial and while present in the
courthouse.

���� 5.� This act shall take effect
on the first day of the fourth month next following enactment.

STATEMENT

���� This bill specifically
authorizes the Victims of Crime Compensation Office (VCCO) to pay expenses
related to protecting the safety of cooperating witnesses.� Further, the bill
clarifies that the VCCO may order the payment of: (1) relocation expenses for a
witness and those residing with the witness at the time of the offense, such as
family or other sharing a permanent residence with the witness; or (2) expenses
related to protecting the safety of a victim or a cooperating witness.

���� The bill updates the
definitions of �cooperating witness� and �witness.�� �Cooperating witness� is
defined as a witness who testifies for the government to help prosecute a crime
or who otherwise cooperates with law enforcement and prosecution efforts, and
includes a confidential informant.� �Witness� is defined as a person, including
a victim, who witnesses the commission of any of the offenses listed under
N.J.S.A.52:4B-11 and who has been threatened as a result of or has been placed
at risk due to their cooperation with law enforcement and prosecution efforts.

���� The bill also authorizes the
Division of Criminal Justice in the Department of Law and Public Safety to
award grants from the Victim and Witness Advocacy Fund to service providers and
county-based programs throughout the State which serve victims of violence,
including but not limited to those which provide culturally specific and
geographic population based services to victims of domestic violence, sexual
violence, community violence, or human trafficking.�

���� The bill amends the Crime
Victim�s Bill of Rights to expand the rights of cooperating witnesses.� The
bill gives these witnesses the right to receive protection from harm and
threats of harm arising out of their cooperation with law enforcement and
prosecution efforts and to be provided with information as to the level of
protection available, and if testifying for the prosecution, to be provided
assistance before and during trial to cope with the psychological and practice
obstacles of testifying.�

���� Finally, the bill requires
prosecutors and law enforcement to take appropriate steps to protect victims
and witnesses from harm and threats of harm arising out of their cooperation
with law enforcement and prosecution efforts, including the provision of protective
measures before, during, and after a hearing or trial.� The bill also requires
the court to establish procedures and institute measures to ensure the safety
of witnesses while testifying and while present in the courthouse.