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S3338
SENATE, No. 3338
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 5, 2026
Sponsored by:
Senator� SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
���� Authorizes the court to issue restraining orders to
defendants charged with a crime as a condition of release on bail.�
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning certain restraining orders and supplementing
Title 2A of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� As used in this act:
���� a.���� "Person"
means any person charged with or convicted of a crime or any juvenile charged
with delinquency or adjudicated delinquent for an act which, if committed by an
adult, would be a crime.
���� b.��� "Place"
includes any premises, residence, business establishment, location or specified
area including all buildings and all appurtenant land, in which or at which a
crime occurred or is alleged to have occurred or is affected by the crime with
which the person is charged or where a witness to the crime or a member of the
family of the witness resides, is employed, or attends school. "Place"
does not include public rail, bus, or air transportation lines or limited
access highways which do not allow pedestrian access.
���� 2.��� a.� When a person is
charged with a crime on a warrant and the person is released from custody
before trial on bail, appearance bond, personal recognizance, or a non-monetary
condition or conditions pursuant to P.L.2014, c.31 (C.2A:162-15 et seq.), the court,
upon application of a law enforcement officer or prosecuting attorney pursuant
to section 4 of
P.L. , c. (C. )
(pending before the Legislature as this bill) and except as provided in subsection
e. of this section, shall as a condition of release issue an order prohibiting
the person from entering any place defined by section 1 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill), including a buffer
zone surrounding the place or modifications as provided by subsection
f. of this section.
���� b.��� When a person is charged
with a crime on a summons, the court, upon application of a law enforcement
officer or prosecuting attorney pursuant to section 4 of P.L.��� , c.����
(C.������� ) (pending before the Legislature as this bill) and except as
provided in subsection e. of this section, shall, at the time of the
defendant's first appearance, issue an order prohibiting the person from
entering any place defined by section 1 of P.L.��� , c.���� (C.������� )
(pending before the Legislature as this bill), including a buffer zone
surrounding the place or modifications as provided by subsection
f. of this section.
���� c.���� When a person is
charged with a crime on a juvenile delinquency complaint and is released from
custody at a detention hearing pursuant to section 19 of P.L.1982, c.77
(C.2A:4A-38), the court, upon application of a law enforcement officer or prosecuting
attorney pursuant to section 4 of P.L.��� , c.���� (C.������� ) (pending before
the Legislature as this bill) and except as provided in subsection
e. of this section, shall issue an order prohibiting the person from entering
any place defined by section 1 of
P.L. , c. (C. )
(pending before the Legislature as this bill), including a buffer zone
surrounding the place or modifications as provided by subsection
f. of this section.
���� �d.�� When a person is charged
with a crime on a juvenile delinquency complaint and is released without being
detained pursuant to section 15 or 16 of P.L.1982, c.77 (C.2A:4A-34 or
C.2A:4A-35), the law enforcement officer or prosecuting attorney shall prepare
an application pursuant to section 4 of
P.L. , c. (C. )
(pending before the Legislature as this bill) for filing on the next court day.
���� The law enforcement officer
releasing the juvenile shall serve the juvenile and his parent or guardian with
written notice that an order shall be issued by the Family Part of the Superior
Court on the next court day prohibiting the juvenile from entering any place
defined by section 1 of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill), including a buffer zone surrounding the place or
modifications as provided by subsection f. of this section.
���� The court shall issue such
order on the first court day following the release of the juvenile.� If the
restraints contained in the court order differ from the restraints contained in
the notice, the order shall not be effective until the third court day
following the issuance of the order.� The juvenile may apply to the court to
stay or modify the order on the grounds set forth in subsection e. of this section.
���� �e.��� The court may forego
issuing a restraining order for which application has been made pursuant to
this act only if the defendant establishes by clear and convincing evidence
that:
���� (1)�� the defendant lawfully
resides at or has legitimate business on or near the place, or otherwise
legitimately needs to enter the place. In such an event, the court shall not
issue an order pursuant to this section unless the court is clearly convinced
that the need to bar the person from the place in order to protect the public
safety and the rights, safety and health of the residents and persons working
in the place outweighs the person's interest in returning to the place.� If the
balance of the interests of the person and the public so warrants, the court
may issue an order imposing conditions upon the person's entry at, upon or near
the place; or
���� (2)�� the issuance of an order
would cause undue hardship to innocent persons and would constitute a serious
injustice which overrides the need to protect the rights, safety and health of
persons residing in or having business in the place.
���� �f.��� A restraining order
issued pursuant to subsection a., b., c., d. or h. of this section shall
describe the place from which the person has been barred and any conditions
upon the person's entry into the place, with sufficient specificity to enable
the person to guide his conduct accordingly and to enable a law enforcement
officer to enforce the order.� The order shall also prohibit the person from
entering an area of up to 500 feet surrounding the place, unless the court
rules that a different buffer zone would better effectuate the purposes of this
act.� In the discretion of the court, the order may contain modifications to
permit the person to enter the area during specified times for specified purposes, such as attending school during regular school hours.� When appropriate, the
court may append to the order a map depicting the place.� The person shall be
given a copy of the restraining order and any appended map and shall
acknowledge in writing the receipt thereof.
���� �g.�� (1)� The court shall
provide notice of the restraining order to the local law enforcement agency
where the arrest occurred and to the county prosecutor.
���� (2)�� Notwithstanding the
provisions of section 1 of P.L.1982, c.79 (C.2A:4A-60), prior to the person's
conviction or adjudication of delinquency for a crime, the local law
enforcement agency may post a copy of any orders issued pursuant to this
section, or an equivalent notice containing the terms of the order, upon one or
more of the principal entrances of the place or in any other conspicuous
location.� Such posting shall be for the purpose of informing the public, and
the failure to post a copy of the order shall in no way excuse any violation of
the order.
���� (3)�� Notwithstanding the
provisions of section 1 of P.L.1982, c.79 (C.2A:4A-60), prior to the person's
conviction or adjudication of delinquency for a crime, any law enforcement
agency may publish a copy of any orders issued pursuant to this section, or an
equivalent notice containing the terms of the order, in a newspaper circulating
in the area of the restraining order.� Such publication shall be for the
purpose of informing the public, and the failure to publish a copy of the order
shall in no way excuse any violation of the order.
���� (4)�� Notwithstanding the
provisions of section 1 of P.L.1982, c.79 (C.2A:4A-60), prior to the person's
conviction or adjudication of delinquency for a crime, any law enforcement
agency may distribute copies of any orders issued pursuant to this section, or
an equivalent notice containing the terms of the order, to residents or
businesses located within the area delineated in the order or, in the case of a
school or any government-owned property, to the appropriate administrator, or
to any tenant association representing the residents of the affected area.�
Such distribution shall be for the purpose of informing the public, and the
failure to publish a copy of the order shall in no way excuse any violation of
the order.
���� �h.�� When a person is
convicted of or adjudicated delinquent for any crime, the court, upon
application of a law enforcement officer or prosecuting attorney pursuant to
section 4 of
P.L. , c. (C. )
(pending before the Legislature as this bill) and except as provided in
subsection e. of this section, shall, by separate order or within the judgment
of conviction, issue an order prohibiting the person from entering any place
defined by section 1 of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill), including a buffer zone surrounding the place or
modifications as provided by subsection f. of this section. Upon the person's
conviction or adjudication of delinquency for a crime, a law enforcement
agency, in addition to posting, publishing, and distributing the order or an
equivalent notice pursuant to paragraphs (2), (3) and (4) of subsection
g. of this section, may also post, publish and distribute a photograph of the
person.
���� i.���� When a juvenile has
been adjudicated delinquent for an act which, if committed by an adult, would
be a crime, in addition to an order required by subsection h. of this section
or any other disposition authorized by law, the court may order the juvenile and
any parent, guardian or any family member over whom the court has jurisdiction
to take such actions or obey such restraints as may be necessary to facilitate
the rehabilitation of the juvenile or to protect public safety or to safeguard
or enforce the rights of residents of the place.� The court may commit the
juvenile to the care and responsibility of the Department of Human Services
until such time as the juvenile reaches the age of 18 or until the order of
removal and restraint expires, whichever first occurs, or to such alternative
residential placement as is practicable.
���� j.���� An order issued
pursuant to subsection a., b., c. or d. of this section shall remain in effect
until the case has been adjudicated or dismissed, or for not less than two
years, whichever is less.� An order issued pursuant to subsection
h. of this section shall remain in effect for such period of time as shall be
fixed by the court but not longer than the maximum term of imprisonment or
incarceration allowed by law for the underlying offense or offenses.� When the
court issues a restraining order pursuant to subsection h. of this section
and the person is also sentenced to any form of probationary supervision or
participation in the Intensive Supervision Program, the court shall make
continuing compliance with the order an express condition of probation or the
Intensive Supervision Program.� When the person has been sentenced to a term of
incarceration, continuing compliance with the terms and conditions of the order
shall be made an express condition of the person's release from confinement or
incarceration on parole.� At the time of sentencing or, in the case of a
juvenile, at the time of disposition of the juvenile case, the court shall
advise the defendant that the restraining order shall include a fixed time
period in accordance with this subsection and shall include that provision in the
judgment of conviction, dispositional order, separate order or order vacating
an existing restraining order, to the law enforcement agency that made the
arrest and to the county prosecutor.
���� k.��� All applications to stay
or modify an order issued pursuant to this act, including an order originally
issued in municipal court, shall be made in the Superior Court. The court shall
immediately notify the county prosecutor in writing whenever an application is
made to stay or modify an order issued pursuant to this act.� If the court does
not issue a restraining order, the sentence imposed by the court for a crime as
defined in subsection b. of this section shall not become final for ten days in
order to permit the appeal of the court's findings by the prosecution.
���� l.���� Nothing in this section
shall be construed in any way to limit the authority of the court to take such
other actions or to issue such orders as may be necessary to protect
the public safety or to safeguard or enforce the rights of others with respect
to the place.
���� m.�� Notwithstanding any other
provision of this section, the court may permit the person to return to the
place to obtain personal belongings and effects and, by court order, may
restrict the time and duration and provide for police supervision of such a
visit.
���� 3.��� Violation of any order
issued pursuant to this act shall subject the person to civil contempt,
criminal contempt, revocation of bail, probation or parole, or any combination
of these sanctions and any other sanctions authorized by law.� A violation of
any order issued pursuant to this act shall not result in the forfeiture of a
bond posted for the underlying offense.� A law enforcement officer may arrest
an adult or take into custody a juvenile when an officer has probable cause to
believe that the person has violated the terms of any removal and restraining
order issued pursuant to section 2 of P.L.��� , c.���� (C.������� ) (pending
before the Legislature as this bill).
���� 4.��� The court shall issue a
restraining order pursuant to this act only upon request by a law enforcement
officer or prosecuting attorney and submission of a certification describing
the location of the offense.
���� 5.��� A law enforcement
officer or prosecuting attorney shall have discretion to not seek a restraining
order pursuant to this act if the defendant is charged with an offense
resulting from the stop of a motor vehicle, if the defendant was using public
transportation, or if the provisions of paragraph (1) or (2) of subsection e.
of section 2 of P.L.��� , c.���� (C.������� ) (pending before the Legislature
as this bill) are applicable.
���� 6.��� This act shall take effect
immediately.
STATEMENT
���� This bill authorizes the court
to issue restraining orders against defendants charged with a crime as a
condition of release on bail. Under the bill, when a person is charged with a
crime on a warrant and is released from custody before trial on bail, appearance
bond, personal recognizance, or a non-monetary condition or conditions pursuant
to P.L.2014, c.31 (C.2A:162-15 et seq.), the court, upon application of a law
enforcement officer or prosecutor, shall as a condition of release issue an
order prohibiting the person from entering a particular place.� The bill
defines �place� to include any premises, residence, business establishment,
location or specified area including all buildings and all appurtenant land, in
which or at which a crime occurred or is alleged to have occurred or is
affected by the crime with which the person is charged or where a witness to
the crime or a member of the family of the witness resides, is employed, or
attends school. The definition of �place� does not include public rail, bus or
air transportation lines or limited access highways which do not allow
pedestrian access.
���� Under the bill, the court may
forego issuing a restraining order if the defendant establishes by clear and
convincing evidence that:
���� (1)�� the defendant lawfully
resides at or has legitimate business on or near the place, or otherwise
legitimately needs to enter the place. In such an event, the bill provides that
the court shall not issue an order unless the court is clearly convinced that the
need to bar the person from the place in order to protect the public safety and
the rights, safety and health of the residents and persons working in the place
outweighs the person's interest in returning to the place.� If the balance of
the interests of the person and the public so warrants, the court may issue an
order imposing conditions upon the person's entry at, upon or near the place;
or
���� (2)�� the issuance of an order
would cause undue hardship to innocent persons and would constitute a serious
injustice which overrides the need to protect the rights, safety and health of
persons residing in or having business in the place.
���� Violation of a restraining
order under the bill would not result in the forfeiture of a bond posted for
the underlying offense.
���� This bill is modeled on the
�Drug Offender Restraining Order Act of 1999,� P.L.1999, c.334 (C.2C:35-5.4 et
seq.).