Makes various revisions to the Crime Victims' Bill of Rights.

A4894

ASSEMBLY, No. 4894

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 7, 2026

Sponsored by:

Assemblywoman� VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Makes various revisions to the Crime Victims� Bill of
Rights.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning crime victims� rights and amending P.L.1985,
c.249, P.L.1991, c.329, P.L.2012, c.27 and supplementing Title 52 of the
Revised Statutes.�

����
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.

����� 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
]

communicate
with the prosecuting authority

any perspective the victim may have on considerations
related to plea negotiations with the defendant
prior to the
[
conclusion
]

beginning

of any plea negotiations
, 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
]
.
�
The prosecutor shall be required to advise the
court of the victim�s position unless the victim affirmatively requests
otherwise.
�

�����
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
or
quasi-judicial
proceeding involving
a crime or
offense committed against them
or
any juvenile proceeding
involving a
[
criminal offense
]

crime or offense committed against them, including,
without limitation, any Superior Court proceeding, any Family Court proceeding
,
any
municipal court proceeding, and any administrative law proceeding held in
accordance with the� "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.)
which
involves the crime or offense committed against them
,
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
and be heard, including through
representation by a private attorney,

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.�� Section
3 of P.L.2012, c.27 (C.52:4B-36.2) is amended to read as follows:

����� 3.�� Pursuant
to Article I, paragraph 22 of the New Jersey Constitution:

����� a.�� A
crime victim shall not be required to pay the maintenance, support,
rehabilitation, or other costs arising from the imprisonment or commitment of a
victimizer as a result of the crime
[
; and
]
.

����� b.�� A
crime victim shall not be charged any fee otherwise prescribed by law or
regulation to obtain copies of the victim's own records to which the victim is
entitled to access as provided in section 1 of P.L.1995, c.23 (C.47:1A-1.1),
including, but not limited to, any law enforcement agency
incident

report, domestic violence offense report,
sexual assault offense report,
and temporary or
permanent restraining order.

�����
c.�� In
cases where there is a pending application for a domestic violence restraining
order pursuant to the �Prevention of Domestic Violence Act of 1991,� P.L.1991,
c.261 (C.2C:25-17 et seq.) or a pending application for a protective

order
pursuant to the "Victim's Assistance and Survivor Protection Act," P.L.2015,
c.147 (C.2C:14-13 et al.), upon request of the victim or the victim�s attorney,
the law enforcement agency shall furnish the law enforcement agency incident
report to the victim or the victim�s attorney within the time required by
section 3 of P.L.1963, c.73 (C.47:1A-3), but in no event more than five days
after the date of receipt of the written request for the report.

(cf:
P.L.2014, c.19, s.1)�

����
3.��� Section 4 of P.L.1985, c.249 (C.52:4B-37) is amended to read as
follows:

����� 4.�� As
used in this act, "victim" means
:

�����
a.

a person who suffers personal, physical or psychological injury or death or
incurs loss of or injury to personal or real property as a result of a crime
or
offense
committed by an adult or an act of delinquency that would
constitute a crime
or offense
if committed by an adult, committed
against that person
[
."Victim" also includes
]
;
�

�����
b.

the parent or legal guardian of a minor
victim who is acting on behalf of the minor; or

�����
c.

the spouse, parent, legal guardian, grandparent, child, sibling, domestic
partner or civil union partner of the decedent in the case of a criminal
homicide or act of juvenile delinquency that would constitute a criminal
homicide if committed by an adult.

(cf:�
P.L.2016, c.15, s.1)

����� 4.�� (New
section) In furtherance of the rights provided in subsection o. of section 3 of
P.L.1985, c.249 (C.52:4B-36), the court may establish a procedure by which
judges in criminal cases may ascertain whether a victim has been afforded an
adequate opportunity to communicate and consult with the prosecuting authority
on a plea agreement, including but not limited to consideration of whether the
prosecuting authority made sufficient efforts to contact the victim in matters
in which contact did not occur.

����� 5.�� 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, 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, shall award grants to qualified
public entities and not-for-profit organizations that provide direct services
to victims and witnesses, including but not limited to such 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).�

����� 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 cultural and population specific services to victims of
domestic violence, sexual violence, community violence, or human trafficking
.

����� e.�� The
Director shall report annually to the Governor and the Legislature 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)�

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

STATEMENT

����
This bill makes various revisions to the Crime Victims�
Bill of Rights.�

����� The Victims� Rights Amendment to the New Jersey
Constitution, enacted by the voters in 1991 as paragraph 22 of Article I, makes
crime victims� rights a constitutional mandate and specifically provides that
victims �shall be entitled to those rights and remedies as may be provided by
the Legislature.�

����� Under the Crime Victims� Bill of Rights, crime
victims and witnesses are entitled to certain rights, including the right to
have the opportunity to consult with the prosecuting authority prior to the
conclusion of plea negotiations.� The bill expands this right by providing that
victims and witnesses have the right to have the opportunity to communicate
with the prosecuting authority any perspective the victim may have on
considerations related to plea negotiations with the defendant prior to the
beginning of any plea negotiations, 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.� The bill requires the prosecutor to advise the court of the victim�s
position unless the victim affirmatively requests otherwise.�

����� In addition, the Crime Victims� Bill of Rights also
currently provides that a victim or witness has the right to be present at any
judicial proceeding involving a crime or any juvenile proceeding involving a
criminal offense, except as otherwise set forth in the New Jersey
Constitution.� This bill also expands this right by providing that a victim or
witness has the right to be present at any judicial or quasi-judicial
proceeding involving a crime or offense committed against them or any juvenile
proceeding involving a crime or offense committed against them.� These
proceedings are to include any Superior Court proceeding, Family Court
proceeding, municipal court proceeding, and any administrative law proceeding
held in accordance with the �Administrative Procedure Act� which involves the
crime or offense committed against them.

����� The bill also allows a court to establish a procedure
by which judges in criminal cases may ascertain whether a victim has been
afforded an adequate opportunity to communicate and consult with the
prosecuting authority on a plea agreement, including whether the prosecuting
authority made sufficient efforts to contact the victim in matters in which
contact did not occur.�

����� In addition, the bill requires law enforcement
agencies to furnish, upon request, incident reports to a victim or the victim�s
attorney when there is a pending application for a domestic violence
restraining order or pending application for a protective order pursuant to the
�Victim�s Assistance and Survivor Protection Act� within 24 hours or as soon as
practicable but in no event more than five days after the date the report is
requested.� The bill also expands the definition of victim to include the parent
or legal guardian of a minor victim acting on behalf of the minor victim.

����� Finally, the bill clarifies that the Victim Witness
and Advocacy Fund is to award grants to legal support services.� The bill also
removes enumerated organizations eligible for grants under current law and
provides that organizations eligible to receive grants are to include service
providers and county-based programs throughout the State which serve victims of
violence.