Expands rights of crime victims.

A4199

ASSEMBLY, No. 4199

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

Co-Sponsored by:

Assemblymen Webber and Scharfenberger

SYNOPSIS

���� Expands rights of crime victims.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the rights of crime victims and
amending P.L.1985, c.249.�

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

���� 1.��� 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.�
The court, in its discretion, may permit a
non-victim to make a statement at sentencing if the court finds the non-victim
has been in a close personal relationship with the victim or in the case of
homicide, the survivor of the victim.

���� 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.���
(1)
�� 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
; and

����
(2)�� To be present and
give testimony to the court if the court

determines that the victim�s or
witness�s testimony is necessary to resolve an issue of material fact at a hearing:
to review a request by a sex offender to be relieved of the registration requirements
set forth in section 2 of P.L.1994, c.133 (C.2C:7-2); to consider the risk of
re-offense of a sex offender pursuant to section 3 of P.L.1994, c.128
(C.2C:7-8); or involving the commitment of a person who was acquitted by reason
of insanity pursuant to N.J.S.2C:4-8.

����
The court may exclude the
victim from any portion of a hearing

enumerated in paragraph (2) of this
subsection

if the court determines that the victim�s presence would create an
unreasonable invasion of the offender�s right to privacy.
The provisions of this subsection shall not limit a
victim�s right to otherwise provide testimony at any judicial proceeding, in
accordance with the Rules of Court
;

���� 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.�

(cf: P.L.2012, c.27, s.1)�

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

STATEMENT

���� This bill expands the rights
of crime victims to include the right to allow certain non-victims to make an
in-person statement at sentencing.� The bill also allows victims and witnesses
to provide testimony at certain post adjudication hearings.�

���� Current law confers upon
victims of crimes the right to make, prior to sentencing, an in-person
statement directly to the sentencing court concerning the impact of the crime.�
This bill expands this right to give the court discretion to permit a non-victim
to make a statement at sentencing if the court finds the non-victim has been in
a close personal relationship with the victim or in the case of homicide, the
survivor of the victim.� It is the sponsor�s understanding that most courts in
this State currently allow non-victims to present victim impact statements.�
For example, in the death of a child, some courts will permit statements from
the victim�s school teacher, friend, athletic coach, or other person who may
have had a close relationship with the victim.� However, other courts have
denied statements from these persons claiming they do not fall within the
definition of a victim.� Under the bill, this practice will be consistent
throughout the courts and reinforce the intent behind allowing victim impact
statements.�

���� The bill also permits victims
and witnesses of certain sex offenses to be present at post adjudication
hearings.
� While current law
provides that victims have the right to be present at any judicial proceeding
involving a crime, it is the sponsor�s understanding that victims and witnesses
are excluded from hearings to determine whether a sex offender is eligible to
be relieved of registration requirements after serving 15 years; hearings to
determine a sex offender�s risk of reoffense upon release; and what are
commonly referred to as
Krol
hearings, during which it is determined
whether
a person who has been acquitted by reason of insanity should be
civilly committed. The bill clarifies that a court may exclude a victim from
these civil post adjudication proceedings if the court determines that the
victim�s presence would create an unreasonable invasion of the offender�s right
to privacy.