ASSEMBLY, No. 5771

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED JUNE 12, 2025

 

 

Sponsored by:

Assemblyman  ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Requires victim notification concerning termination of sex offender's obligation to register and requires court to enter or continue restraining order for victim of sex offense under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning sex offenders and amending P.L.1994, c.133 and P.L.2007, c.133.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    P.L.    , c.     shall be known and may be cited as the "Sex Offense Victims' Rights Expansion Act."

 

     2.    Section 2 of P.L.1994, c.133 (C.2C:7-2) is amended to read as follows:

     2.    a. (1) A person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sex offense as defined in subsection b. of this section shall register as provided in subsections c. and d. of this section.

     (2)   A person who in another jurisdiction is required to register as a sex offender and (a) is enrolled on a full-time or part-time basis in any public or private educational institution in this State, including any secondary school, trade or professional institution, institution of higher education or other post-secondary school, or (b) is employed or carries on a vocation in this State, on either a full-time or a part-time basis, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year, shall register in this State as provided in subsections c. and d. of this section.

     (3)   A person who fails to register as required under this act shall be guilty of a crime of the third degree.

     b.    For the purposes of this act a sex offense shall include the following:

     (1)   Aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1 or an attempt to commit any of these crimes if the court found that the offender's conduct was characterized by a pattern of repetitive, compulsive behavior, regardless of the date of the commission of the offense or the date of conviction;

     (2)   A conviction, adjudication of delinquency, or acquittal by reason of insanity for aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (3) or (4), subparagraph (a), or sub-subparagraph (i) or (ii) of subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); criminal sexual contact pursuant to N.J.S.2C:14-3b. if the victim is a minor; kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.2C:34-1; leader of a network to share child sexual abuse or exploitation material pursuant to section 8 of P.L.2017, c.141 (C.2C:24-4.1); or an attempt to commit any of these enumerated offenses if the conviction, adjudication of delinquency or acquittal by reason of insanity is entered on or after the effective date of this act or the offender is serving a sentence of incarceration, probation, parole or other form of community supervision as a result of the offense or is confined following acquittal by reason of insanity or as a result of civil commitment on the effective date of this act;

     (3)   A conviction, adjudication of delinquency, or acquittal by reason of insanity for an offense similar to any offense enumerated in paragraph (2) or a sentence on the basis of criteria similar to the criteria set forth in paragraph (1) of this subsection entered or imposed under the laws of the United States, this State, or another state.

     (4)   Notwithstanding the provisions of paragraph (1), (2), or (3) of this subsection, a sex offense shall not include an adjudication of delinquency for endangering the welfare of a child pursuant to paragraph (4) or (5) of subsection b. of N.J.S.2C:24-4, provided that the actor demonstrates that:

     (a)   the facts of the case are limited to the creation, exhibition or distribution of a photograph depicting nudity or portraying a child in a sexually suggestive manner, as defined in N.J.S.2C:24-4, through the use of an electronic communications device, an interactive wireless communications device, or a computer;

     (b)   the creator and subject of the photograph are juveniles or were juveniles at the time of its making; and

     (c)   the subject of the photograph whose nudity is depicted or who is portrayed in a sexually suggestive manner, as the case may be, knowingly consented to the making of the photograph.

     c.     A person required to register under the provisions of this act shall do so on forms to be provided by the designated registering agency as follows:

     (1)   A person who is required to register and who is under supervision in the community on probation, parole, furlough, work release, or a similar program, shall register at the time the person is placed under supervision or no later than 120 days after the effective date of this act, whichever is later, in accordance with procedures established by the Department of Corrections, the Department of Human Services, the Youth Justice Commission
established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170) or the Administrative Office of the Courts, whichever is responsible for supervision;

     (2)   A person confined in a correctional or juvenile facility or involuntarily committed who is required to register shall register prior to release in accordance with procedures established by the Department of Corrections, the Department of Human Services or the Youth Justice Commission and, within 48 hours of release, shall also register with the chief law enforcement officer of the municipality in which the person resides or, if the municipality does not have a local police force, the Superintendent of State Police;

     (3)   A person moving to or returning to this State from another jurisdiction shall register with the chief law enforcement officer of the municipality in which the person will reside or, if the municipality does not have a local police force, the Superintendent of State Police within 120 days of the effective date of this act or 10 days of first residing in or returning to a municipality in this State, whichever is later;

     (4)   A person required to register on the basis of a conviction prior to the effective date who is not confined or under supervision on the effective date of this act shall register within 120 days of the effective date of this act with the chief law enforcement officer of the municipality in which the person will reside or, if the municipality does not have a local police force, the Superintendent of State Police;

     (5)   A person who in another jurisdiction is required to register as a sex offender and who is enrolled on a full-time or part-time basis in any public or private educational institution in this State, including any secondary school, trade or professional institution, institution of higher education or other post-secondary school shall, within ten days of commencing attendance at such educational institution, register with the chief law enforcement officer of the municipality in which the educational institution is located or, if the municipality does not have a local police force, the Superintendent of State Police;

     (6)   A person who in another jurisdiction is required to register as a sex offender and who is employed or carries on a vocation in this State, on either a full-time or a part-time basis, with or without compensation, for more than 14 consecutive days or for an aggregate period exceeding 30 days in a calendar year, shall, within ten days after commencing such employment or vocation, register with the chief law enforcement officer of the municipality in which the employer is located or where the vocation is carried on, as the case may be, or, if the municipality does not have a local police force, the Superintendent of State Police;

     (7)   In addition to any other registration requirements set forth in this section, a person required to register under this act who is
enrolled at, employed by or carries on a vocation at an institution of higher education or other post-secondary school in this State shall, within 10 days after commencing such attendance, employment or vocation, register with the law enforcement unit of the educational institution, if the institution has such a unit.

     d.    (1) Upon a change of address, a person shall notify the law enforcement agency with which the person is registered and shall re-register with the appropriate law enforcement agency no less than 10 days before the person intends to first reside at the new address. Upon a change of employment or school enrollment status, a person shall notify the appropriate law enforcement agency no later than five days after any such change.  A person who fails to notify the appropriate law enforcement agency of a change of address or status in accordance with this subsection is guilty of a crime of the third degree.

     (2)   A person required to register under this act shall provide the appropriate law enforcement agency with information as to whether the person has routine access to or use of a computer or any other device with Internet capability. A person who fails to notify the appropriate law enforcement agency of such information or of a change in the person's access to or use of a computer or other device with Internet capability or who provides false information concerning the person's access to or use of a computer or any other device with Internet capability is guilty of a crime of the third degree.

     e.     A person required to register under paragraph (1) of subsection b. of this section or under paragraph (3) of subsection b. due to a sentence imposed on the basis of criteria similar to the criteria set forth in paragraph (1) of subsection b. shall verify the person's address with the appropriate law enforcement agency every 90 days in a manner prescribed by the Attorney General.  A person required to register under paragraph (2) of subsection b. of this section or under paragraph (3) of subsection b. on the basis of a conviction for an offense similar to an offense enumerated in paragraph (2) of subsection b. shall verify the person's address annually in a manner prescribed by the Attorney General.  In addition to address information, the person shall provide as part of the verification process any additional information the Attorney General may require. One year after the effective date of this act, the Attorney General shall review, evaluate and, if warranted, modify pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) the verification requirement.  Any person who knowingly provides false information concerning the person's place of residence or who fails to verify the person's address with the appropriate law enforcement agency or other entity, as prescribed by the Attorney General in accordance with this subsection, is guilty of a crime of the third degree.

     f.     Except as provided in subsection g. of this section, a person required to register under this act may make application to the Superior Court of this State to terminate the obligation upon proof that the person has not committed an offense within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later, and is not likely to pose a threat to the safety of others.

     Upon receipt of an application pursuant to this subsection, the court shall notify the victim of the sex offense for which the person is required to register of the filing of the application and the date, time, and location of any hearing on the application.  The victim shall have the right to appear at the hearing and make a statement to the court regarding the victim's position on the application.  The court also shall notify the victim if the application is granted and the person's obligation to register is terminated.

     g.    A person required to register under this section who has been convicted of, adjudicated delinquent, or acquitted by reason of insanity for more than one sex offense as defined in subsection b. of this section or who has been convicted of, adjudicated delinquent, or acquitted by reason of insanity for aggravated sexual assault pursuant to subsection a. of N.J.S.2C:14-2 or sexual assault pursuant to paragraph (1) of subsection c. of N.J.S.2C:14-2 is not eligible under subsection f. of this section to make application to the Superior Court of this State to terminate the registration obligation.

(cf: P.L.2025, c.35, s.15)

 

     3.    Section 2 of P.L.2007, c.133 (C.2C:14-12) is amended to read as follows:

     2.    a.  When a defendant charged with a sex offense is released from custody before trial on bail or personal recognizance, the court authorizing the release [may] shall, as a condition of release, issue an order prohibiting the defendant from having any contact with the victim including, but not limited to, restraining the defendant from entering the victim's residence, place of employment or business, or school, and from harassing or stalking the victim or the victim's relatives in any way if the victim consents to the order being entered.

     b.    The written court order releasing the defendant shall contain the court's directives specifically restricting the defendant's ability to have contact with the victim or the victim's friends, co-workers or relatives.  The clerk of the court or other person designated by the court shall 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 or records to which the defendant has access.

(cf: P.L.2007, c.133, s.2)

     4.    Section 3 of P.L.2007, c.133 (C.2C:44-8) is amended to read as follows:

     3.    When a defendant is found guilty of a sex offense, the court [may] shall, at the time of sentencing and in addition to any other disposition authorized by law, order the continuation of a prior order or condition of bail that restricts the defendant's contact with the victim, or enter an order imposing such restrictions at the time of sentencing if the victim consents to the continuation or entering of the order.  In addition to restricting 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 of employment of the victim or of other family or household members of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim or other family or household members;

     b.    restraining the defendant from making contact with the plaintiff or others, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim or other family members, or their employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim;

     c.     prohibiting the defendant from stalking or following, or threatening to harm, to stalk or to follow, the complainant or any other person named in the order in a manner that, taken in the context of past actions of the defendant, would put the complainant in reasonable fear that the defendant would cause the death or injury of the complainant or any other person. Behavior prohibited under this act includes, but is not limited to, behavior prohibited under the provisions of P.L.1992, c.209 (C.2C:12-10); or

     d.    providing for any other appropriate restraints necessary to protect the victim.

     An order that is entered pursuant to this section shall remain in effect until modified or terminated by further order of the court.  The court shall not modify or terminate an order without the consent of the victim. This provision shall apply to any order that is in effect on the effective date of P.L.    , c.    (pending before the Legislature as this bill) and any order that is entered on or after the effective date of P.L.   , c.    (pending before the Legislature as this bill).

(cf: P.L.2007, c.133, s.3)

 

     5.    This act shall take effect immediately.

STATEMENT

 

     This bill requires victim notification concerning the termination of a sex offender's obligation to register and requires the court to enter or continue a restraining order for a victim of a sex offense under certain circumstances.

     The sponsor believes that victims of sex offenses should have the right to be informed of a potential change in the status of the offender when that offender requests to be removed from the registry of sex offenders.  Those victims should also be guaranteed the opportunity to appear at any hearing on the matter and to address the court at that time.  Should the court grant the offender's request to be removed, the victim should be informed of that as well.  Additional protections through restraining orders should also be provided.

     Under current law, with certain exceptions, a person required to register under Megan's Law may make an application to the Superior Court to terminate the obligation to register upon proof that the person has not committed an offense within 15 years following conviction or release from imprisonment, whichever is later, and is not likely to pose a threat to the safety of others. 

     Under the provisions of this bill, upon receipt of an application to terminate the obligation to register as a sex offender, the court is required to notify the victim of the sex offense for which the person is required to register of the filing of the application and the date, time, and location of any hearing on the application.  The bill provides that the victim has the right to appear at the hearing and make a statement to the court regarding the victim's position on the application.  The court also is required to notify the victim if the application is granted and the person's obligation to register is terminated.

     In addition, current law provides that when a defendant charged with a sex offense is released from custody before trial on bail or personal recognizance, the court authorizing the release may, as a condition of release, issue an order prohibiting the defendant from having any contact with the victim.

     Under the provisions of this bill, the court is required to issue an order prohibiting the defendant from having any contact with the victim if the victim consents to the order being entered.

     Current law also provides that when a defendant is found guilty of a sex offense, the court may, at the time of sentencing, order the continuation of a prior order or condition of bail that restricts the defendant's contact with the victim, or enter an order imposing these restrictions at the time of sentencing. 

     Under the provisions of this bill, the court is required, at the time of sentencing, to order the continuation of a prior order restricting
the defendant's contact with the victim or enter an order imposing these restrictions if the victim consents to the continuation or entering of the order.  Further, the bill provides that an order entered under this provision is to remain in effect until modified or terminated by further order of the court.  The court is not to modify or terminate an order without the consent of the victim.  The bill provides that this provision is to apply to any orders in effect on the bill's effective date and any orders entered on or after the bill's effective date.