Strengthens location confidentiality for certain crime victims.

A2010

ASSEMBLY, No. 2010

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHAMA A. HAIDER

District 37 (Bergen)

SYNOPSIS

���� Strengthens location confidentiality for certain
crime victims.

CURRENT VERSION OF TEXT

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

��

An Act
concerning information about certain victims
,
amending
various parts of the
statutory law, and supplementing Title 2C of the New Jersey Statutes
.

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

���� 1.��� Section 3 of P.L.1996,
c.39 (C.2C:12-10.1) is amended to read as follows:

���� 3.��� a.� A judgment of
conviction for stalking shall operate as an application for a permanent
restraining order limiting the contact of the defendant and the victim who was
stalked

. The
victim�s location
shall be confidential and shall not appear on any law enforcement or

court
documents or records to which the defendant has access
.

���� b.��� A hearing shall be held
on the application for a permanent restraining order at the time of the verdict
or plea of guilty unless the victim requests otherwise.� This hearing shall be
in Superior Court.� A permanent restraining order may grant the following
specific relief:

���� (1)� An order restraining the
defendant from entering the residence, property, school, or place of employment
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.

���� (2)� An order restraining the
defendant from making contact with the victim, 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, or contact via electronic device, with the
victim, the victim's employers, employees, or fellow workers, or others with
whom communication would be likely to cause annoyance or alarm to the victim.�
As used in this paragraph, "communication" shall have the same
meaning as defined in subsection q. of N.J.S.2C:1-14.

���� c.��� The permanent
restraining order entered by the court subsequent to a conviction for stalking
as provided in this act may be dissolved upon the application of the stalking
victim to the court which granted the order.

���� d.��� Notice of permanent
restraining orders issued pursuant to this act shall be sent by the clerk of
the 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
or court.

���� e.��� Any permanent
restraining order issued pursuant to this act shall be in effect throughout the
State, and shall be enforced by all law enforcement officers.

���� f.���� A violation by the
defendant of an order issued pursuant to this act shall constitute an offense
under subsection a. of N.J.S.2C:29-9 and each order shall so state.� Violations
of these orders may be enforced in a civil or criminal action initiated by the
stalking victim or by the court, on its own motion, pursuant to applicable
court rules.� Nothing in this act shall preclude the filing of a criminal
complaint for stalking based on the same act which is the basis for the
violation of the permanent restraining order.

(cf: P.L.2009, c.232, s.1)

���� 2.��� Section 9 of P.L.1991,
c.261 (C.2C:25-25) is amended to read as follows:

���� 9.��� The court in a criminal
complaint arising from a domestic violence incident:�

���� a.��� Shall not dismiss any
charge or delay disposition of a case because of concurrent dissolution of a
marriage, other civil proceedings, or because the victim has left the residence
to avoid further incidents of domestic violence;
and

���� b.��� Shall not require proof
that either party is seeking a dissolution of a marriage prior to institution
of criminal proceedings

[
;
]
.

���� c.���
[
Shall
waive any requirement that the victim's location be disclosed to any person.
]

(Deleted
by amendment, P.L.��� , c.��� (pending before the Legislature as this bill)

����
The victim�s location shall
be confidential and shall not appear on any law enforcement or court documents
or records to which the defendant has access.

(cf: P.L.1991, c.261, s.9)�

���� 3.��� Section 2 of P.L.1999,
c.47 (C.2C:12-10.2) is amended to read as follows:

���� 2.��� a.� In any case
involving an allegation of stalking where the victim is a child under the age
of 18 years or is developmentally disabled as defined in section 3 of P.L.1977,
c.200 (C.5:5-44.4) or where the victim is 18 years of age or older and has a
mental disease or defect which renders the victim temporarily or permanently
incapable of understanding the nature of his conduct, including, but not
limited to, being incapable of providing consent, the court may issue a
temporary restraining order against the defendant which limits the contact of
the defendant and the victim.
The location of the victim and the location of
the parent or guardian of the victim shall be confidential and shall not appear
on any law enforcement or court documents or records to which the defendant has
access.

���� b.��� The provisions of of
subsection a. of this section are in addition to, and not in lieu of, the
provisions of section 3 of P.L.1996, c.39 (C.2C:12-10.1) which provide that a
judgment of conviction for stalking shall operate as an application for a
permanent restraining order limiting the contact of the defendant and the
victim.

���� c.��� The parent or guardian
of the child or the person described in subsection a. of this section may file
a complaint with the Superior Court in conformity with the
[
rules
of court
]

Rules of Court
seeking a temporary restraining order against a person
alleged to have committed stalking against the child or the person described in
subsection a. of this section.� The parent or guardian may seek emergency, ex
parte relief.� A decision shall be made by the judge regarding the emergency
relief forthwith.� If it appears that the child or the person described in
subsection a. of this section is in danger of being stalked by the defendant,
the judge shall issue a temporary restraining order pursuant to subsection e.
of this section.

���� d.��� A conviction of stalking
shall not be a prerequisite for the grant of a temporary restraining order
under this act.

���� e.��� A temporary restraining
order issued under this act shall limit the contact of the defendant and the
child or the person described in subsection a. of this section who was stalked
and in addition may grant all other relief specified in section 3 of P.L.1996,
c.39 (C.2C:12-10.1).

���� f.���� A hearing shall be held
in the Superior Court within 10 days of the issuance of any temporary
restraining order which was issued on an emergency, ex parte basis.� A copy of
the complaint shall be served on the defendant in conformity with the
[
rules
of court
]

Rules of Court
.� At the hearing the standard for continuing the
temporary restraining order shall be by a preponderance of the evidence.

���� g.��� If the court rules that
the temporary restraining order shall be continued, the order shall remain in
effect until either:

���� (1)� the defendant is
convicted of stalking, in which case the court shall hold a hearing on the
issue of whether a permanent restraining order shall be entered pursuant to
section 3 of P.L.1996, c.39 (C.2C:12-10.1); or

���� (2)� the victim's parent or
guardian or, in the case of a victim who has reached the age of 18, the victim,
requests that the restraining order be dismissed and the court finds just cause
to do so.

(cf: P.L.2011, c.232, s.1)

�����
4.��� (New section) In
any criminal complaint involving an allegation of stalking in violation of
section 1 of P.L.1992, c.209 (C.2C:12-10), the victim�s location shall be
confidential and shall not appear on any law enforcement or court documents or
records to which the defendant has access.

���� 5.��� 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
]

, the
victim�s location shall be confidential and shall not appear on any law
enforcement or court documents or records to which the defendant has access.�
When
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.

(cf: P.L.2016, c.91, s.1)

���� 6.��� N.J.S.2C:12-1 is amended
to read as follows:

���� 2C:12-1. Assault.� a.� Simple
assault.� A person is guilty of assault if the person:�

���� (1)� Attempts to cause or
purposely, knowingly or recklessly causes bodily injury to another; or

���� (2)� Negligently causes bodily
injury to another with a deadly weapon; or

���� (3)� Attempts by physical
menace to put another in fear of imminent serious bodily injury.�

���� Simple assault is a disorderly
persons offense unless committed in a fight or scuffle entered into by mutual
consent, in which case it is a petty disorderly persons offense.

���� b.��� Aggravated assault.� A
person is guilty of aggravated assault if the person:

���� (1)� Attempts to cause serious
bodily injury to another, or causes injury purposely or knowingly or under
circumstances manifesting extreme indifference to the value of human life
recklessly causes such injury; or

���� (2)� Attempts to cause or
purposely or knowingly causes bodily injury to another with a deadly weapon; or

���� (3)� Recklessly causes bodily
injury to another with a deadly weapon; or

���� (4)� Knowingly under
circumstances manifesting extreme indifference to the value of human life
points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the
direction of another, whether or not the actor believes it to be loaded; or

���� (5)� Commits a simple assault
as defined in paragraph (1), (2), or (3) of subsection a. of this section upon:

���� (a)�� Any law enforcement
officer acting in the performance of the officer's duties while in uniform or
exhibiting evidence of authority or because of the officer's status as a law
enforcement officer; or

���� (b)� Any paid or volunteer
firefighter acting in the performance of the firefighter's duties while in
uniform or otherwise clearly identifiable as being engaged in the performance
of the duties of a firefighter; or

���� (c)�� Any person engaged in
emergency first-aid or medical services acting in the performance of the
person's duties while in uniform or otherwise clearly identifiable as being
engaged in the performance of emergency first-aid or medical services; or

���� (d)� Any school board member,
school administrator, teacher, school bus driver, or other employee of a public
or nonpublic school or school board while clearly identifiable as being engaged
in the performance of the person's duties or because of the person's status as
a member or employee of a public or nonpublic school or school board or any
school bus driver employed by an operator under contract to a public or
nonpublic school or school board while clearly identifiable as being engaged in
the performance of the person's duties or because of the person's status as a
school bus driver; or

���� (e)�� Any employee of the
Division of Child Protection and Permanency while clearly identifiable as being
engaged in the performance of the employee's duties or because of the status as
an employee of the division; or

���� (f)�� Any justice of the
Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal
judge while clearly identifiable as being engaged in the performance of
judicial duties or because of the status as a member of the judiciary; or

���� (g)� Any operator of a
motorbus or the operator's supervisor or any employee of a rail passenger
service while clearly identifiable as being engaged in the performance of the
person's duties or because of the status as an operator of a motorbus or as the
operator's supervisor or as an employee of a rail passenger service; or

���� (h)� Any Department of
Corrections employee, county correctional police officer, juvenile correctional
police officer, State juvenile facility employee, juvenile detention staff
member, juvenile detention officer, probation officer or any sheriff,
undersheriff, or sheriff's officer acting in the performance of the person's
duties while in uniform or exhibiting evidence of the person's authority or
because of the status as a Department of Corrections employee, county
correctional police officer, juvenile correctional police officer, State
juvenile facility employee, juvenile detention staff member, juvenile detention
officer, probation officer, sheriff, undersheriff, or sheriff's officer; or

���� (i)�� Any employee, including
any person employed under contract, of a utility company as defined in section
2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the
provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1
et seq.) while clearly identifiable as being engaged in the performance of the
employee's duties in regard to connecting, disconnecting, or repairing or
attempting to connect, disconnect, or repair any gas, electric, or water
utility, or cable television or telecommunication service; or

���� (j)�� Any health care worker
employed by a licensed health care facility to provide direct patient care, any
health care professional licensed or otherwise authorized pursuant to Title 26
or Title 45 of the Revised Statutes to practice a health care profession,
except a direct care worker at a State or county psychiatric hospital or State
developmental center or veterans' memorial home, while clearly identifiable as
being engaged in the duties of providing direct patient care or practicing the
health care profession; or

���� (k)� Any direct care worker at
a State or county psychiatric hospital or State developmental center or
veterans' memorial home, while clearly identifiable as being engaged in the
duties of providing direct patient care or practicing the health care
profession, provided that the actor is not a patient or resident at the
facility who is classified by the facility as having a mental illness or
developmental disability; or

���� (6)� Causes bodily injury to
another person while fleeing or attempting to elude a law enforcement officer
in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor
vehicle in violation of subsection c. of N.J.S.2C:20-10.� Notwithstanding any other
provision of law to the contrary, a person shall be strictly liable for a
violation of this paragraph upon proof of a violation of subsection b. of
N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c.
of N.J.S.2C:20-10 which resulted in bodily injury to another person; or

���� (7)� Attempts to cause
significant bodily injury to another or causes significant bodily injury
purposely or knowingly or, under circumstances manifesting extreme indifference
to the value of human life recklessly causes such significant bodily injury; or

���� (8)� Causes bodily injury by
knowingly or purposely starting a fire or causing an explosion in violation of
N.J.S.2C:17-1 which results in bodily injury to any emergency services
personnel involved in fire suppression activities, rendering emergency medical
services resulting from the fire or explosion or rescue operations, or
rendering any necessary assistance at the scene of the fire or explosion,
including any bodily injury sustained while responding to the scene of a
reported fire or explosion.� For purposes of this paragraph, "emergency
services personnel" shall include, but not be limited to, any paid or
volunteer firefighter, any person engaged in emergency first-aid or medical
services and any law enforcement officer.� Notwithstanding any other provision
of law to the contrary, a person shall be strictly liable for a violation of
this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in
bodily injury to any emergency services personnel; or

���� (9)� Knowingly, under
circumstances manifesting extreme indifference to the value of human life,
points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at
or in the direction of a law enforcement officer; or

���� (10) Knowingly points,
displays or uses an imitation firearm, as defined in subsection v. of
N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the
purpose to intimidate, threaten, or attempt to put the officer in fear of
bodily injury or for any unlawful purpose; or

���� (11) Uses or activates a laser
sighting system or device, or a system or device which, in the manner used,
would cause a reasonable person to believe that it is a laser sighting system
or device, against a law enforcement officer acting in the performance of the
officer's duties while in uniform or exhibiting evidence of the officer's
authority.� As used in this paragraph, "laser sighting system or
device" means any system or device that is integrated with or affixed to a
firearm and emits a laser light beam that is used to assist in the sight
alignment or aiming of the firearm; or

���� (12) Attempts to cause
significant bodily injury or causes significant bodily injury purposely or
knowingly or, under circumstances manifesting extreme indifference to the value
of human life, recklessly causes significant bodily injury to a person who, with
respect to the actor, meets the definition of a victim of domestic violence, as
defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19); or

���� (13) Knowingly or, under
circumstances manifesting extreme indifference to the value of human life,
recklessly obstructs the breathing or blood circulation of a person who, with
respect to the actor, meets the definition of a victim of domestic violence, as
defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), by
applying pressure on the throat or neck or blocking the nose or mouth of such
person, thereby causing or attempting to cause bodily injury.�

���� Aggravated assault under
paragraphs (1) and (6) of subsection b. of this section is a crime of the
second degree; under paragraphs (2), (7), (9), and (10) of subsection b. of
this section is a crime of the third degree; under paragraphs (3) and (4) of subsection
b. of this section is a crime of the fourth degree; and under paragraph (5) of
subsection b. of this section is a crime of the third degree if the victim
suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated
assault under paragraph (8) of subsection b. of this section is a crime of the
third degree if the victim suffers bodily injury; if the victim suffers
significant bodily injury or serious bodily injury it is a crime of the second
degree.� Aggravated assault under paragraph (11) of subsection b. of this
section is a crime of the third degree.� Aggravated assault under paragraph
(12) or (13) of subsection b. of this section is a crime of the third degree
but the presumption of non-imprisonment set forth in subsection e. of
N.J.S.2C:44-1 for a first offense of a crime of the third degree shall not
apply.�

���� c.��� (1) A person is guilty
of assault by auto or vessel when the person drives a vehicle or vessel
recklessly and causes either serious bodily injury or bodily injury to
another.� Assault by auto or vessel is a crime of the fourth degree if serious
bodily injury results and is a disorderly persons offense if bodily injury
results. Proof that the defendant was operating a hand-held wireless telephone
while driving a motor vehicle in violation of section 1 of P.L.2003, c.310
(C.39:4-97.3) may give rise to an inference that the defendant was driving
recklessly.�

���� (2)� Assault by auto or vessel
is a crime of the third degree if the person drives the vehicle while in
violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and
serious bodily injury results and is a crime of the fourth degree if the person
drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981,
c.512 (C.39:4-50.4a) and bodily injury results.�

���� (3)� Assault by auto or vessel
is a crime of the second degree if serious bodily injury results from the
defendant operating the auto or vessel while in violation of R.S.39:4-50 or
section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

���� (a)�� on any school property
used for school purposes which is owned by or leased to any elementary or
secondary school or school board, or within 1,000 feet of such school property;

���� (b)� driving through a school
crossing as defined in R.S.39:1-1 if the municipality, by ordinance or
resolution, has designated the school crossing as such; or

���� (c)�� driving through a school
crossing as defined in R.S.39:1-1 knowing that juveniles are present if the
municipality has not designated the school crossing as such by ordinance or
resolution.�

���� Assault by auto or vessel is a
crime of the third degree if bodily injury results from the defendant operating
the auto or vessel in violation of this paragraph.

���� A map or true copy of a map
depicting the location and boundaries of the area on or within 1,000 feet of
any property used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced pursuant to section 1
of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph
(a) of paragraph (3) of this subsection.

���� It shall be no defense to a
prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this
subsection that the defendant was unaware that the prohibited conduct took
place while on or within 1,000 feet of any school property or while driving
through a school crossing.� Nor shall it be a defense to a prosecution under
subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles
were present on the school property or crossing zone at the time of the offense
or that the school was not in session.�

���� (4)� Assault by auto or vessel
is a crime of the third degree if the person purposely drives a vehicle in an
aggressive manner directed at another vehicle and serious bodily injury results
and is a crime of the fourth degree if the person purposely drives a vehicle in
an aggressive manner directed at another vehicle and bodily injury results.�
For purposes of this paragraph, "driving a vehicle in an aggressive
manner" shall include, but is not limited to, unexpectedly altering the
speed of the vehicle, making improper or erratic traffic lane changes,
disregarding traffic control devices, failing to yield the right of way, or
following another vehicle too closely.

���� As used in this subsection,
"vessel" means a means of conveyance for travel on water and
propelled otherwise than by muscular power.

���� d.��� A person who is employed
by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who
commits a simple assault as defined in paragraph (1) or (2) of subsection a. of
this section upon an institutionalized elderly person as defined in section 2
of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

���� e.��� (Deleted by amendment,
P.L.2001, c.443).

���� f.���� A person who commits a
simple assault as defined in paragraph (1), (2), or (3) of subsection a. of
this section in the presence of a child under 16 years of age at a school or
community sponsored youth sports event is guilty of a crime of the fourth degree.�
The defendant shall be strictly liable upon proof that the offense occurred, in
fact, in the presence of a child under 16 years of age.� It shall not be a
defense that the defendant did not know that the child was present or
reasonably believed that the child was 16 years of age or older.� The
provisions of this subsection shall not be construed to create any liability on
the part of a participant in a youth sports event or to abrogate any immunity
or defense available to a participant in a youth sports event.� As used in this
act, "school or community sponsored youth sports event" means a
competition, practice, or instructional event involving one or more
interscholastic sports teams or youth sports teams organized pursuant to a
nonprofit or similar charter or which are member teams in a youth league
organized by or affiliated with a county or municipal recreation department and
shall not include collegiate, semi-professional or professional sporting
events.

����
g.��� A victim of assault may
make application to the court for an order providing that the victim�s location
shall be confidential and shall not appear on any law enforcement or court
documents or records to which the defendant has access.

(cf: P.L.2019, c.219, s.3)

���� 7.��� Section 2 of P.L.2007,
c.133 (C.2C:14-12) is amended to read as follows:

���� 2.��� 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.

���� b.��� 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
]

be

confidential and shall not appear on any
law enforcement or court

documents or records to which the defendant has access.

(cf: P.L.2007, c.133, s.2)

���� 8.��� N.J.S.2C:33-4 is amended
to read as follows:

���� 2C:33-4.� Harassment.

���� Except as provided in
subsection e., a person commits a petty disorderly persons offense if, with
purpose to harass another, he:

���� a.��� Makes, or causes to be
made, a communication or communications anonymously or at extremely
inconvenient hours, or in offensively coarse language, or any other manner
likely to cause annoyance or alarm;

���� b.��� Subjects another to
striking, kicking, shoving, or other offensive touching, or threatens to do so;
or

���� c.��� Engages in any other
course of alarming conduct or of repeatedly committed acts with purpose to
alarm or seriously annoy such other person.

���� A communication under
subsection a. may be deemed to have been made either at the place where it
originated or at the place where it was received.

���� d.��� (Deleted by amendment,
P.L.2001, c.443).

���� e.��� A person commits a crime
of the fourth degree if, in committing an offense under this section, he was
serving a term of imprisonment or was on parole or probation as the result of a
conviction of any indictable offense under the laws of this State, any other
state or the United States.

����
f.���� A victim of harassment
may make application to the court for an order providing that the victim�s
location shall be confidential and shall not appear on any law enforcement or court
documents or records to which the defendant has access.

(cf: P.L.2001, c.443, s.3)

���� 9.��� Section 1 of P.L.2013,
c.272 (C.2C:33-4.1) is amended to read as follows:

���� 1.��� a.� A person commits the
crime of cyber-harassment if, while making a communication in an online
capacity via any electronic device or through a social networking site and with
the purpose to harass another, the person:

���� (1)� threatens to inflict
injury or physical harm to any person or the property of any person;

���� (2)� knowingly sends, posts,
comments, requests, suggests, or proposes any lewd, indecent, or obscene
material to or about a person with the intent to emotionally harm a reasonable
person or place a reasonable person in fear of physical or emotional harm to his
person; or

���� (3)� threatens to commit any
crime against the person or the person's property.

���� b.��� Cyber-harassment is a
crime of the fourth degree, unless the person is 21 years of age or older at
the time of the offense and impersonates a minor for the purpose of
cyber-harassing a minor, in which case it is a crime of the third degree.

���� c.��� If a minor under the age
of 16 is adjudicated delinquent for cyber-harassment, the court may order as a
condition of the sentence that the minor, accompanied by a parent or guardian,
complete, in a satisfactory manner, one or both of the following:

���� (1)� a class or training
program intended to reduce the tendency toward cyber-harassment behavior; or

���� (2)� a class or training
program intended to bring awareness to the dangers associated with
cyber-harassment.

���� d.��� A parent or guardian who
fails to comply with a condition imposed by the court pursuant to subsection c.
of this section is a disorderly person and shall be fined not more than $25 for
a first offense and not more than $100 for each subsequent offense.

����
e.��� A victim of
cyber-harassment may make application to the court for an order providing that
the victim�s location shall be confidential and shall not appear on any law
enforcement or court documents or records to which the defendant has access.

(cf: P.L.2013, c.272, s.1)

���� 10.� This act shall take
effect immediately.

STATEMENT

���� This bill provides that the
location of certain victims of assault, harassment, and stalking would be
confidential and not appear on law enforcement or court documents or records to
which the defendant has access. The bill also clarifies language in current law
concerning the confidentiality of the location of certain domestic violence
victims. The bill also adds language to the domestic violence statutes
clarifying that when a defendant is found guilty of a crime or offense
involving domestic violence, the victim�s location would be confidential.

���� Section 3 of P.L.1996, c.39
(C.2C:12-10.1) provides that a judgment of conviction for stalking operates as
an application for a permanent restraining order limiting the contact of the
defendant and the victim.� A hearing will be held on the application for a
permanent restraining order at the time of the verdict or plea of guilty unless
the victim requests otherwise. The bill amends this section by providing that
the victim�s location would be confidential and not appear on law enforcement
or court documents or records to which the defendant has access, without the
need for a specific court order.

���� The bill also amends section 2
of P.L.1999, c.47 (C.2C:12-10.2).� This statute provides that in any case
involving
an allegation
of stalking where the victim is a child under
the age of 18 or is developmentally disabled as defined in section 3 of
P.L.1977, c.200 (C.5:5-44.4) or is 18 years of age or older and has a mental
disease or defect which renders the victim temporarily or permanently incapable
of understanding the nature of his conduct, including, but not limited to,
being incapable of providing consent, the court may issue a temporary
restraining order against the defendant which limits the contact of the
defendant and the victim.� The bill provides that in these cases the victim�s
location would be confidential and not appear on law enforcement or court
documents or records to which the defendant has access.

���� The bill provides that in a
criminal complaint involving
an allegation
of stalking, the victim�s
location would be confidential as well, and would not appear on law enforcement
or court documents or records to which the defendant has access.

���� Under section 10 of P.L.1991,
c.261 (C.2C:25-26), when a defendant
charged with a crime or offense

involving domestic violence is released from custody before trial on bail or
personal recognizance, the victim's location shall remain confidential and
shall not appear on any documents or records to which the defendant has access.�

���� The bill amends section 9 of
P.L.1991, c.261 (C.2C:25-25),� which provides in pertinent part that in
a
criminal complaint
arising from a domestic violence incident, the court shall
waive any requirement that the victim's location be disclosed to any person. The
bill deletes this provision and replaces it with language providing that the
victim�s location would be confidential and would not appear on any law
enforcement or court documents or records to which the defendant has access.�

���� The bill also amends section
11 of P.L.1991, c.261 (C.2C:25-27).� This statute concerns procedures when a
defendant
is found guilty of a crime or offense
involving domestic
violence.� The bill clarifies that upon the defendant�s conviction the victim�s
location would remain confidential and not appear on any law enforcement or
court documents or records to which the defendant has access.�����������

���� Under the bill, a victim of
assault or aggravated assault pursuant to N.J.S.2C:12-1, harassment pursuant to
N.J.S.2C:33-4, or cyber-harassment pursuant to section 1 of P.L.2013, c.272
(C.2C:33-4.1) could make application to the court for an order providing that
the victim�s location would be confidential and would not appear on any law
enforcement or court documents or records to which the defendant has access.

���� In addition, the bill
clarifies a provision in current law concerning defendants charged with sex
offenses.� Under section 2 of P.L.2007, c.133 (C.2C:14-12), when a defendant
charged with a sex offense is released from custody before trial on bail or personal
recognizance, the victim's location shall remain confidential and shall not
appear on documents or records to which the defendant has access.� The bill
clarifies that this provision would apply both to law enforcement and to court
documents and records. The bill also changes the phrase in this section �the
victim�s location shall
remain
confidential� to �the victim�s location
shall
be
confidential� to account for any possible inconsistency
concerning the previous status of the confidentiality of the victim�s location.