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S3336
SENATE, No. 3336
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 5, 2026
Sponsored by:
Senator� SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Senator Diegnan
SYNOPSIS
���� Clarifies intent of Legislature that attempt or
conspiracy to commit certain offenses may constitute acts of domestic
violence.�
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning domestic violence and amending P.L.1991,
c.261.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 3 of P.L.1991,
c.261 (C.2C:25-19) is amended to read as follows:
���� 3.��� As used in this act:
���� a.���� "Domestic
violence" means the occurrence of one or more of the following acts
inflicted upon a person protected under this act by an adult or an emancipated
minor
or the attempt or conspiracy to commit any of the following acts
:�
���� (1)�� Homicide���
N.J.S.2C:11-1 et seq.
���� (2)�� Assault��� N.J.S.2C:12-1
���� (3)�� Terroristic threats�
N.J.S.2C:12-3
���� (4)�� Kidnapping���
N.J.S.2C:13-1
���� (5)�� Criminal restraint���
N.J.S.2C:13-2
���� (6)�� False imprisonment���
N.J.S.2C:13-3
���� (7)�� Sexual assault���
N.J.S.2C:14-2
���� (8)�� Criminal sexual contact�
N.J.S.2C:14-3
���� (9)�� Lewdness���
N.J.S.2C:14-4
���� (10) Criminal mischief���
N.J.S.2C:17-3
���� (11) Burglary��� N.J.S.2C:18-2
���� (12) Criminal trespass���
N.J.S.2C:18-3
���� (13) Harassment���
N.J.S.2C:33-4
���� (14) Stalking��� P.L.1992,
c.209 (C.2C:12-10)
���� (15) Criminal coercion���
N.J.S.2C:13-5
���� (16) Robbery��� N.J.S.2C:15-1
���� (17) Contempt of a domestic
violence order pursuant to subsection b. of N.J.S.2C:29-9 that constitutes a
crime or disorderly persons offense
���� (18) Any other crime involving
risk of death or serious bodily injury to a person protected under the
"Prevention of Domestic Violence Act of 1991," P.L.1991, c.261
(C.2C:25-17 et al.)
���� (19) Cyber-harassment
P.L.2013, c.272 (C.2C:33-4.1)
���� When one or more of these acts
is inflicted by an unemancipated minor upon a person protected under this act,
the occurrence shall not constitute "domestic violence," but may be
the basis for the filing of a petition or complaint pursuant to the provisions
of section 11 of P.L.1982, c.77 (C.2A:4A-30).
���� b.��� "Law enforcement
agency" means a department, division, bureau, commission, board or other
authority of the State or of any political subdivision thereof which employs
law enforcement officers.
���� c.���� "Law enforcement
officer" means a person whose public duties include the power to act as an
officer for the detection, apprehension, arrest and conviction of offenders
against the laws of this State.
���� d.��� "Victim of domestic
violence" means a person protected under this act and shall include any
person who is 18 years of age or older or who is an emancipated minor and who
has been subjected to domestic violence by a spouse, former spouse, or any
other person who is a present household member or was at any time a household
member. "Victim of domestic violence" also includes any person,
regardless of age, who has been subjected to domestic violence by a person with
whom the victim has a child in common, or with whom the victim anticipates
having a child in common, if one of the parties is pregnant.� "Victim of
domestic violence" also includes any person who has been subjected to
domestic violence by a person with whom the victim has had a dating relationship.
���� e.���� "Emancipated
minor" means a person who is under 18 years of age but who has been
married, has entered military service, has a child or is pregnant or has been
previously declared by a court or an administrative agency to be emancipated.
(cf: P.L.2016, c.77, s.1)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill amends the
definition of �domestic violence� to include the attempt or conspiracy to
commit an act of domestic violence.
���� N.J.S.A.2C:25-19 defines
�domestic violence� as the occurrence of one or more enumerated acts inflicted
upon a person under certain circumstances. The enumerated acts are: homicide,
assault, terroristic threats, kidnapping, criminal restraint, false imprisonment,
sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary,
criminal trespass, harassment, stalking, criminal coercion, robbery, contempt
of a domestic violence order that constitutes a crime or disorderly persons
offense, or any other crime involving risk of death or serious bodily injury to
a person protected under the domestic violence statutes. The current definition
of �domestic violence� does not explicitly include an attempt or conspiracy to
commit an enumerated act.�
���� This bill is in response to an
Appellate Division decision vacating a domestic violence surcharge assessed
against a defendant who had been convicted of attempted murder. Under
N.J.S.A.2C:25-29.4, a person convicted of an act of domestic violence is subject
to a surcharge of $100 payable to the State for use by the Department of Human
Services to fund grants for domestic violence prevention, training, and
assessment.� In
State
v.
Lee
, 411 N.J. Super.349 (App. Div.2010),
the court held that the defendant was not subject to the surcharge because
attempted murder is not included in the enumerated crimes and offenses.� The
court noted that penal statutes, including those statutes imposing penalties as
part of a sentence, are to be strictly construed, and therefore the
Legislature�s decision to not include attempted murder within the list of
enumerated acts was dispositive. The court noted that the Legislature can
prospectively take action if it desires to do so.� It is the aim of the sponsor
to take such action to clarify the Legislature�s intent.� Accordingly, this
bill amends the definition of �domestic violence� in N.J.S.A.2C:25-19 to
include the attempt or conspiracy to commit any of the enumerated acts that
constitute domestic violence.