Requires counseling for certain domestic violence offenders.

S3366

SENATE, No. 3366

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Requires counseling for certain domestic violence
offenders.

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 11 of P.L.1991,
c.261 (C.2C:25-27) is amended to read as follows:

���� 11.� a.� When a defendant is
found guilty of a crime or offense involving domestic violence and a condition
of sentence restricts the defendant's ability to have contact with the victim,
the victim's friends, co-workers, or relatives, or an animal owned, possessed,
leased, kept, or held by either party or a minor child residing in the
household, that condition shall be recorded in an order of the court and a
written copy of that order shall be provided to the victim by the clerk of the
court or other person designated by the court.� If the victim is pregnant, at
the victim's request the court may order that the victim's child shall,
immediately upon birth, be included in the order. In addition to restricting a
defendant's ability to have contact with the victim, the victim's friends,
co-workers, or relatives, or an animal owned, possessed, leased, kept, or held
by either party or a minor child residing in the household, the court may
require the defendant to receive professional
domestic violence
counseling
from either a private source or a source appointed by the court, and if the
court so orders, the court shall require the defendant to provide documentation
of attendance at the professional counseling.�
Where the court either
suspends the imposition of a sentence or sentences the defendant to be placed
on probation, in addition to any other provisions required by law or conditions
ordered by the court, the court shall require the defendant to complete a
program of professional domestic violence counseling as a condition of the
sentence. Any counseling ordered by the court pursuant to this section shall be
conducted by a licensed mental health professional with expertise in individual
or group domestic violence counseling.
�
In any case
where the court order contains a requirement that the defendant receive
professional counseling, no application by the defendant to dissolve the
restraining order shall be granted unless, in addition to any other provisions
required by law or conditions ordered by the court, the defendant has completed
all required attendance at such counseling.

���� b.��� In addition the court
may enter an order directing the possession of an animal owned, possessed,
leased, kept, or held by either party or a minor child residing in the
household. Where a person has abused or threatened to abuse such animal, there
shall be a presumption that possession of the animal shall be awarded to the
non-abusive party.

���� c. (1) When a defendant is
found guilty of a crime or offense involving domestic violence, the court shall
inform the defendant that the defendant is prohibited from purchasing, owning,
possessing, or controlling a firearm pursuant to section 6 of P.L.1979, c.179
(C.2C:39-7) and from receiving or retaining a firearms purchaser identification
card or permit to purchase a handgun pursuant to N.J.S.2C:58-3.� The court
shall order the defendant to arrange for the immediate surrender to a law
enforcement officer of any firearm that has not already been seized or
surrendered and any firearms purchaser identification card or permit to
purchase a handgun possessed by the defendant.� No later than five business
days after the order is entered, however, the defendant may arrange to sell any
surrendered firearm to a licensed retail dealer of firearms who shall be
authorized to take possession of that purchased firearm from the law
enforcement agency to which it was surrendered no later than 10 business days
after the order is entered. Any card or permit issued to the defendant shall be
deemed immediately revoked.� The court shall establish a process for notifying
the appropriate authorities of the conviction requiring the revocation of the
card or permit.� A law enforcement officer accepting a surrendered firearm
shall provide the defendant with a receipt listing the date of surrender, the
name of the defendant, and any item that has been surrendered, including the
serial number, manufacturer, and model of the surrendered firearm.� The
defendant shall provide a copy of this receipt to the prosecutor within 48
hours of service of the order, and shall attest under penalty that any firearms
owned or possessed at the time of the order have been transferred in accordance
with this section and that the defendant currently does not possess any
firearms. The defendant alternatively may attest under penalty that he did not
own or possess a firearm at the time of the order and currently does not
possess a firearm.� If the court, upon motion of the prosecutor, finds probable
cause that the defendant has failed to surrender any firearm, card, or permit,
the court may order a search for and removal of these items at any location
where the judge has reasonable cause to believe these items are located.� The
judge shall state with specificity the reasons for and the scope of the search
and seizure authorized by the order.

���� (2) A law enforcement officer
who receives a firearm that is surrendered, but not purchased and taken
possession of by a licensed retail dealer of firearms within 10 business days
of when the order is entered pursuant to paragraph (1) of this subsection, may
dispose of the surrendered firearm in accordance with the provisions of
N.J.S.2C:64-6.� A firearm purchased by a licensed retail dealer from a
defendant shall become part of the inventory of the dealer.

(cf: P.L.2023, c.239, s.2)

���� 2.��� This act shall take
effect immediately and shall apply to offenses occurring on or after the
effective date of this act.

STATEMENT

���� This bill requires a certain defendants
convicted of or placed on probation or for a domestic violence offense to
attend domestic violence counseling.

���� Under current law a court may,
in its discretion, require the defendant to receive professional counseling
from either a private source or a source appointed by the court. In any case
where the court requires a defendant receive professional counseling, no
application by the defendant to dissolve the restraining order may be granted
unless, in addition to any other provisions required by law or conditions
ordered by the court, the defendant has completed all required attendance at
such counseling.

���� Under the bill, in cases in
which a defendant is found guilty of a crime or offense involving domestic
violence, or where the court suspends the imposition of a sentence or places
the defendant on probation for a domestic violence offense, the court is required
to order the defendant to participate in and complete a program of professional
domestic violence counseling. Any court-ordered domestic violence counseling is
required to be administered by a licensed professional with expertise in
individual or group domestic violence counseling.�