Clarifies right of crime victim to make in-person statement directly to defendant concerning impact of crime.

S3279

SENATE, No. 3279

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 2, 2026

Sponsored by:

Senator� MICHAEL L. TESTA, JR.

District 1 (Atlantic, Cape May and Cumberland)

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:

Senator Henry

SYNOPSIS

���� Clarifies right of crime victim to make in-person
statement directly to defendant concerning impact of crime.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning 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.���
(1)
� To make,
prior to sentencing, an in-person statement

directly to the sentencing court concerning the impact of the crime
; and

����
(2)�� directly to the
defendant concerning the impact of the crime at any trial, hearing, or
proceeding where a victim impact statement is given, unless the court finds
that the defendant is incapable of attending due to physical incapacity,
injury, or illness
.

���� 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.

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

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

STATEMENT

���� This bill clarifies the right
of a crime victim to make an in-person statement directly to the defendant
concerning the impact of the crime at any trial, hearing, or proceeding where a
victim impact statement is given, unless the court finds that the defendant is
incapable of attending due to physical incapacity, injury, or illness.