Permits victims and witnesses of human trafficking to testify in criminal proceedings via closed circuit television; permits judge to make motion to seek closed circuit testimony.

S2565 1R

[First Reprint]

SENATE, No. 2565

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator VIN GOPAL

District 11 (Monmouth)

Senator TROY SINGLETON

District 7 (Burlington)

Co-Sponsored by:

Senators Diegnan, Ruiz, Space, Stack, Beach and A.M.Bucco

SYNOPSIS

���� Permits victims and witnesses of human trafficking to
testify in criminal proceedings via closed circuit television; permits judge to
make motion to seek closed circuit testimony.

CURRENT VERSION OF TEXT

���� As reported by the Senate Budget and Appropriations
Committee on June 24, 2026, with amendments.

��

An Act
concerning certain victims and witnesses and amending
P.L.1985, c.126.

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

���� 1.��� Section 1 of P.L.1985,
c.126 (C.2A:84A-32.4) is amended to read as follows:

���� 1.��� a.� (1)� In prosecutions
for aggravated sexual assault, sexual assault, aggravated criminal sexual
contact, criminal sexual contact, human trafficking
[
involving sexual activity
]
, a crime
involving domestic violence as defined in section 3 of P.L.1991, c.261
(C.2C:25-19), endangering the welfare of a child pursuant to N.J.S.2C:24-4,
abuse or neglect of a child pursuant to R.S.9:6-3, or in any action alleging an
abused or neglected child under P.L.1974, c.119 (C.9:6-8.21 et seq.), the court
may, on motion and after conducting a hearing in camera,
1
or in
the court�s discretion,
1

order the taking of the testimony of a victim or witness on closed circuit television
at the trial, out of the view of the jury, defendant, or spectators upon making
findings as provided in subsection b. of this section.

���� (2)� In granting such an
order, the court shall assure that:

���� (a)�� the victim or witness
will testify under oath;

���� (b)� the victim or witness
will submit to cross-examination by the defendant's attorney; and

���� (c)�� the defendant, jury, and
judge will be permitted to observe the demeanor of the victim or witness when
making testimonial statements using closed circuit television.

���� b.��� An order under this
section may be made only if the court determines by clear and convincing
evidence that there is a substantial likelihood that the victim or witness
would suffer severe emotional or mental distress if required to testify in the
presence of spectators, the defendant, the jury, or all of them.� The order
shall be specific as to whether the victim or witness will testify outside the
presence of spectators, the defendant, the jury, or all of them and shall be
based on specific findings relating to the impact of the presence of each.

���� c.��� A motion seeking closed
circuit testimony under subsection a. of this section may be filed by:

���� (1)� The victim or witness or,
in the case of a victim or witness who is under the age of 18, the victim's or
witness's attorney, parent or legal guardian;

���� (2)� The prosecutor;
[
or
]

���� (3)� The defendant or the
defendant's counsel
; or

����
(4)� The trial judge on the
judge's own motion
.

���� d.��� The defendant's counsel
shall be present in the same room as the victim or witness at the taking of
testimony on closed circuit television.� The defendant and the defendant's
attorney shall be able to confer privately with each other during the testimony
by a separate audio system.

���� e.��� If testimony is taken on
closed circuit television pursuant to the provisions of this section, the video
portion of the testimony shall not be recorded and shall not constitute part of
the record on appeal. All audio transmissions, except private conversations
between the defendant and the defendant's attorney, shall be recorded and
thereafter shall be subject to the following provisions:

���� (1)� If the victim or witness
is 18 years of age or older at the time of the court proceedings, any recording
of the audio portion of the closed circuit testimony shall constitute part of
the record on appeal, unless the court orders otherwise for good cause shown
upon motion of the parties.

���� (2)� If the victim or witness
is under the age of 18 at the time of the court proceedings, any recording of
the audio portion of the closed circuit testimony shall not constitute part of
the record on appeal and shall be deemed confidential and not available to the
public, unless the court orders otherwise for good cause shown upon motion of
the parties. In making the determination regarding the availability of the
audio portion of the testimony, the court shall consider potential trauma or
stigma to the victim or witness.� A transcript of the audio portion of the
closed circuit testimony shall constitute part of the record on appeal, subject
to any personal identification safeguards contained in section 1 of P.L.1989,
c.336 (C.2A:82-46).

���� f.���� For purposes of this
section, "closed circuit television" means any closed-circuit,
videoconferencing or other audio-visual electronic technology capable of
producing a simultaneous, one-way broadcast from a victim or witness to a
defendant in a separate physical location. The technology shall allow for the
live observation of the victim or witness by the defendant, jury, and judge
during the course of testimony or cross-examination, while excluding a victim
or witness from directly hearing or viewing the defendant during the
proceedings.

(cf: P.L.2017, c.205, s.1)

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