Authorizes funding to protect safety of cooperating witnesses; expands Crime Victim's Bill of Rights to provide these witnesses with certain guarantees.

S3345

SENATE, No. 3345

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Authorizes funding to protect safety of cooperating
witnesses; expands Crime Victim�s Bill of Rights to provide these witnesses
with certain guarantees.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning
the rights of certain witnesses to crime and amending 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 1 of P.L.2016,
c.97 (C.52:4B-12.1) is amended to read as follows:�

���� 1.���
a.
�
Notwithstanding the provisions of section 10 of P.L.1971, c.317 (C.52:4B-10) or
the provisions of section 12 of P.L.1971, c.317 (C.52:4B-12), the Victims of
Crime Compensation Office may, upon application, order the payment of
:

����
(1)
�� relocation
expenses for a witness and
those residing with

the
witness
at the time of the offense, such as
family
[
of
]

members or others sharing a
permanent residence with
the witness
;� and

����
(2)�� expenses related to
protecting the safety of a victim or a

cooperating witness
.

����
b.
��� As used in this
section
[
,
"witness"
]
:�

����
(1)�� �cooperating
witness� means a witness who testifies for the government to help prosecute a
crime, and includes a confidential informant; and

����
(2)�� �witness�
means a
person
, including a victim,
who witnessed the commission of any of the
offenses listed under section 11 of P.L.1971, c.317 (C.52:4B-11) and who has
been threatened as a result
or has been placed at risk due to their
cooperation with law enforcement and prosecution efforts
.�

(cf:� P.L.2016, c.97, s.1)

����� 2.�� 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 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
; and

�����
s.��� To
receive protection from harm and threats of harm arising out of their
cooperation with law enforcement and prosecution efforts, to be provided with
information as to the level of protection available, and, if testifying for the
prosecution, to be provided assistance before and during trial to cope with the
psychological and practical obstacles of testifying
.

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

���� 3.��� 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,�
to fund
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
]

P.L.1991,
c.329 (C.2C:46-4.1 et al.)
, 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)
; and

����
(11)
�
violence
intervention and other services to ensure the safety of victims and witnesses,
including cooperating witnesses , and their families and significant others
.�

���� 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 that serve victims of violence,
including, but not limited to, those which provide culturally and
population-specific services to victims of domestic violence, sexual violence,
community violence, or human trafficking
.

���� e.���� The
[
Director
]

director

shall report annually to the Governor and the Legislature
pursuant to
section 2 of P.L.1991, c.164 (C.52:14-19.1)
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)

����
4.��� (New section)� a.�
Prosecutors and law enforcement agencies shall take appropriate steps to
protect witnesses from harm and threats of harm arising out of their
cooperation with law enforcement and prosecution efforts, including the
provision of protective measures before, during, and after a hearing or trial.

����
b.��� The court shall
establish procedures and institute measures designed to ensure the safety of
witnesses while testifying at trial and while present in the courthouse.

���� 5.��� This act shall take
effect on the first day of the fourth month next following enactment.

STATEMENT

���� This bill specifically
authorizes the Victims of Crime Compensation Office (VCCO) to pay expenses
related to protecting the safety of cooperating witnesses.� The bill defines a
�cooperating witness� as a witness who testifies for the government to help
prosecute a crime, and includes a confidential informant.�

���� The bill also authorizes the
Division of Criminal Justice in the Department of Law and Public Safety to
award grants from the Victim and Witness Advocacy Fund to public entities and
not-for-profit organizations to provide services that protect the safety of
cooperating witnesses.�

���� Finally, the bill amends the
Crime Victim�s Bill of Rights to expand the rights of cooperating witnesses.�
The bill gives these witnesses the right to be provided assistance before and
during a trial to cope with the psychological and practical obstacles of
testifying.� These witnesses also would be given the right to receive
protective measures before, during, and after a hearing or trial and to have
established court procedures ensuring their safety while testifying.