Page 1 of 4P.L. 2007, c. 133Approved August 6, 2007 SENATE COMMITTEE SUBSTITUTE FORSENATE, No. 2215 STATE OF NEW JERSEY 212th LEGISLATURE ADOPTED FEBRUARY 26, 2007Sponsored by:Senator ROBERT W. SINGER, District 30 (Burlington, Mercer, Monmouth and Ocean)Senator LEONARD T. CONNORS, JR., District 9 (Atlantic, Burlington and Ocean)Assemblyman RONALD S. DANCER, District 30 (Burlington, Mercer, Monmouth and Ocean)Assemblyman JOSEPH MALONE, III, District 30 (Burlington, Mercer, Monmouth and Ocean)Assemblyman LOUIS M. MANZO, District 31 (Hudson)Assemblyman JOSEPH VAS, District 19 (Middlesex)Co-Sponsored by: Senators Ciesla, Bark, Bucco, Buono, Coniglio, Doria, James, Kavanaugh,Kenny, Lance, Littell, Sarlo, Sweeney, Turner, Vitale, Inverso, Madden, Assemblymen Rumpf,Connors, Assemblywoman Beck, Assemblymen Stack, Mayer, Assemblywoman Lampitt,Assemblyman Panter and Assemblywoman GreensteinSYNOPSIS“Nicole’s Law;” permits victim of sex offense to obtain restraining order against offender.CURRENT VERSION OF TEXTSubstitute as adopted by the Senate Judiciary Committee.AN ACT concerning victims of crime and designated as Nicole’s Law, supplementing chapter14 of Title 2C of the New Jersey Statutes, and amending N.J.S.2C:45-1 and N.J.S.2C:45-2.BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:1. (New section) As used in this act,“Sex offense” means a sex offense as defined in subsection b. of section 2 of P.L.1994, c.133(C.2C:7-2).“Victim” means a “victim” as defined in N.J.S.2C:14-1.2. (New section) a. When a defendant charged with a sex offense is released from custodybefore trial on bail or personal recognizance, the court authorizing the release may, as acondition of release, issue an order prohibiting the defendant from having any contact with thevictim including, but not limited to, restraining the defendant from entering the victim’s
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Page 2 of 4residence, place of employment or business, or school, and from harassing or stalking the victimor the victim’s relatives in any way.b. The written court order releasing the defendant shall contain the court’s directivesspecifically restricting the defendant’s ability to have contact with the victim or the victim’sfriends, co-workers or relatives. The clerk of the court or other person designated by the courtshall provide a copy of this order to the victim forthwith.c. The victim’s location shall remain confidential and shall not appear on any documents orrecords to which the defendant has access.3. (New section) When a defendant is found guilty of a sex offense, the court may, at thetime of sentencing and in addition to any other disposition authorized by law, order thecontinuation of a prior order or condition of bail that restricts the defendant’s contact with thevictim, or enter an order imposing such restrictions at the time of sentencing. In addition torestricting a defendant’s contact with the victim, the court may enter an order:a. restraining the defendant from entering the residence, property, school, or place ofemployment of the victim or of other family or household members of the victim and requiringthe defendant to stay away from any specified place that is named in the order and is frequentedregularly by the victim or other family or household members;b. restraining the defendant from making contact with the plaintiff or others, including anorder forbidding the defendant from personally or through an agent initiating any communicationlikely to cause annoyance or alarm including, but not limited to, personal, written, or telephonecontact with the victim or other family members, or their employers, employees, or fellowworkers, or others with whom communication would be likely to cause annoyance or alarm tothe victim;c. prohibiting the defendant from stalking or following, or threatening to harm, to stalk orto follow, the complainant or any other person named in the order in a manner that, taken in thecontext of past actions of the defendant, would put the complainant in reasonable fear that thedefendant would cause the death or injury of the complainant or any other person. Behaviorprohibited under this act includes, but is not limited to, behavior prohibited under the provisionsof P.L.1992, c. 209 (C.2C:12-10);d. providing for any other appropriate restraints necessary to protect the victim.4. N.J.S.2C:45-1 is amended to read as follows:2C:45-1. Conditions of Suspension or Probation.a. When the court suspends the imposition of sentence on a person who has been convictedof an offense or sentences him to be placed on probation, it shall attach such reasonableconditions, authorized by this section, as it deems necessary to insure that he will lead a law-abiding life or is likely to assist him to do so. These conditions may be set forth in a set ofstandardized conditions promulgated by the county probation department and approved by thecourt.b. The court, as a condition of its order, may require the defendant:(1) To support his dependents and meet his family responsibilities;(2) To find and continue in gainful employment;(3) To undergo available medical or psychiatric treatment and to enter and remain in aspecified institution, when required for that purpose;(4) To pursue a prescribed secular course of study or vocational training;(5) To attend or reside in a facility established for the instruction, recreation or residence ofpersons on probation;
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Page 3 of 4(6) To refrain from frequenting unlawful or disreputable places or consorting withdisreputable persons;(7) Not to have in his possession any firearm or other dangerous weapon unless grantedwritten permission;(8) (Deleted by amendment, P.L.1991, c.329);(9) To remain within the jurisdiction of the court and to notify the court or the probationofficer of any change in his address or his employment;(10) To report as directed to the court or the probation officer, to permit the officer to visit hishome, and to answer all reasonable inquiries by the probation officer;(11) To pay a fine;(12) To satisfy any other conditions reasonably related to the rehabilitation of the defendantand not unduly restrictive of his liberty or incompatible with his freedom of conscience;(13) To require the performance of community-related service.In addition to any condition of probation, the court may enter an order prohibiting a defendantwho is convicted of a sex offense from having any contact with the victim including, but notlimited to, entering the victim's residence, place of employment or business, or school, and fromharassing or stalking the victim or victim's relatives in any way, and may order other protectiverelief as provided in section 2 of P.L. , c. (C. ) (pending before the Legislature as section2 of this bill).c. The court, as a condition of its order, shall require the defendant to pay any assessmentsrequired by section 2 of P.L.1979, c.396 (C.2C:43-3.1) and shall, consistent with the applicableprovisions of N.J.S.2C:43-3, N.J.S.2C:43-4 and N.J.S.2C:44-2 or section 1 of P.L. 1983, c.411(C.2C:43-2.1) require the defendant to make restitution.d. In addition to any condition imposed pursuant to subsection b. or c., the court shall ordera person placed on probation to pay a fee, not exceeding $25.00 per month for the probationaryterm, to probation services for use by the State, except as provided in subsection g. of thissection. This fee may be waived in cases of indigency upon application by the chief probationofficer to the sentencing court.e. When the court sentences a person who has been convicted of a crime to be placed onprobation, it may require him to serve a term of imprisonment not exceeding 364 days as anadditional condition of its order. When the court sentences a person convicted of a disorderlypersons offense to be placed on probation, it may require him to serve a term of imprisonmentnot exceeding 90 days as an additional condition of its order. In imposing a term ofimprisonment pursuant to this subsection, the sentencing court shall specifically place on therecord the reasons which justify the sentence imposed. The term of imprisonment imposedhereunder shall be treated as part of the sentence, and in the event of a sentence of imprisonmentupon the revocation of probation, the term of imprisonment served hereunder shall be creditedtoward service of such subsequent sentence. A term of imprisonment imposed under this sectionshall be governed by the "Parole Act of 1979," P.L.1979, c.441 (C.30:4-123.45 et al.).Whenever a person is serving a term of parole as a result of a sentence of incarcerationimposed as a condition of probation, supervision over that person shall be maintained pursuant tothe provisions of the law governing parole. Upon termination of the period of parole supervisionprovided by law, the county probation department shall assume responsibility for supervision ofthe person under sentence of probation. Nothing contained in this section shall prevent thesentencing court from at any time proceeding under the provisions of this chapter against anyperson for a violation of probation.f. The defendant shall be given a copy of the terms of his probation or suspension ofsentence and any requirements imposed pursuant to this section, stated with sufficient specificity
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Page 4 of 4to enable him to guide himself accordingly. The defendant shall acknowledge, in writing, hisreceipt of these documents and his consent to their terms.g. Of the moneys collected under the provisions of subsection d. of this section, $15.00 ofeach monthly fee collected before January 1, 1995 shall be deposited in the temporary reservefund created by section 25 of P.L.1993, c.275, and $10.00 of each shall be deposited into a"Community Service Supervision Fund" which shall be established by each county. The moneysin the "Community Service Supervision Fund" shall be expended only in accordance with theprovisions of State law as shall be enacted to provide for expenditures from this fund for thepurpose of supervising and monitoring probationers performing community service to ensure, bywhatever means necessary and appropriate, that probationers are performing the communityservice ordered by the court and that the performance is in the manner and under the termsordered by the court.(cf: P.L.1993,c.275,s.16.)5. N.J.S.2C:45-2 is amended to read as follows:2C:45-2. Period of Suspension or Probation; Modification of Conditions; Discharge ofDefendanta. When the court has suspended imposition of sentence or has sentenced a defendant to beplaced on probation, the period of the suspension shall be fixed by the court at not to exceed themaximum term which could have been imposed or more than 5 years whichever is lesser. Theperiod of probation shall be fixed by the court at not less than 1 year nor more than 5 years. Thecourt, on application of a probation officer or of the defendant, or on its own motion, maydischarge the defendant at any time.b. During the period of the suspension or probation, the court, on application of a probationofficer or of the defendant, or on its own motion, may (1) modify the requirements imposed onthe defendants; or (2) add further requirements authorized by N.J.S.2C:45-1. The court shalleliminate any requirement that imposes an unreasonable burden on the defendant.c. Upon the termination of the period of suspension or probation or the earlier discharge ofthe defendant, the defendant shall be relieved of any obligations imposed by the order of thecourt and shall have satisfied his sentence for the offense unless the defendant has failed:(1) to fulfill conditions imposed pursuant to paragraph b. (11) of N.J.S.2C:45-1, in whichevent the court may order that the probationary period be extended for an additional period not toexceed that authorized by subsection a. of this section; or(2) to fulfill the conditions imposed pursuant to subsection c. of N.J.S.2C:45-1, in whichevent the court shall order that the probationary period be extended for an additional period notto exceed that authorized by subsection a. of this section.The extension may be entered by the court the defendant's personal appearance if thedefendant agrees to the extension.Notwithstanding any provision in this section to the contrary, any order of the courtprohibiting contact with a victim imposed on a defendant convicted of a sex offense shallcontinue in effect following the termination of probation supervision until further order of thecourt.(cf: P.L.1991,c.329,s.9.)6. This act shall take effect immediately, but sections 3, 4, and 5 shall only apply to persons who commit sex offenses after the effective date of this act