A1763 —

A1763 AJU1R Statement[First 11/15/21Reprint] ASSEMBLY JUDICIARY COMMITTEE   STATEMENT TO   ASSEMBLY, No.

1763  STATE withOF committeeNEW amendmentsJERSEY 219th LEGISLATURE   STATEPRE-FILED OFFOR NEWINTRODUCTION JERSEYIN THE 2020 SESSION   DATED:  Sponsored by:

 NOVEMBERAssemblywoman  15,NANCY 2021F.         The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No.

1763.MUNOZ District 21 (Morris, Somerset and Union) Assemblywoman  VALERIE VAINIERI HUTTLE District 37 (Bergen) Assemblywoman  JOANN DOWNEY District 11 (Monmouth) Assemblywoman  GABRIELA M.

    MOSQUERA ThisDistrict bill,4 as(Camden amended, updates the existing statute concerning training programs for municipal prosecutors.  Presently, section 10 of P.L.1999, c.349 (C.2B:25-10) authorizes, but does not require, the Attorney General, in consultation with the county and municipalGloucester) prosecutors,Assemblywoman  toPAMELA developR. curricula for training programs for all municipal prosecutors.  Moreover, participation in such training is voluntary.

    LAMPITT TheDistrict bill6 directs(Burlington the Attorney General, in consultation with the county and municipalCamden) prosecutors,Assemblyman  toDANIEL developR. a training program for all municipal prosecutors.

ThisBENSON trainingDistrict would14 include(Mercer a component addressing domestic violence issues, including such topics as the dynamics of domestic violence, the impact of domestic violence on children, risks for lethality and theMiddlesex) impact  ofCo-Sponsored traumaby: on survivors.  Participation in the domestic violence training would be mandatory for all new municipal prosecutors appointed after the bill’s effective date (it takes effect immediately) who have not previously served as a municipal prosecutor for a municipality;

theAssemblyman trainingJohnson, wouldAssemblywoman notMcKnight, beAssemblymen requiredMcKeon, forWimberly, anyHoughtaling, municipalAssemblywomen prosecutorMurphy, whoTimberlake wasand appointedReynolds-Jackson as  a  municipal  prosecutor  priorSYNOPSIS to     theEstablishes bill’smandatory effective date who is subsequently re-appointed to that office or appointed as such prosecutor for another municipality after that effective date.  The Attorney General would be responsible for ensuring that all new municipal prosecutors attend an initial domestic violence training withinfor 90municipal daysprosecutors. of appointment or transfer and annual in-service training of at least four hours.

      TheCURRENT domesticVERSION violenceOF trainingTEXT course     andAs curriculumreported would be reviewed at least every two years and modified by the DivisionAssembly ofJudiciary CriminalCommittee Justiceon fromNovember time15, to2021, timewith asamendments. need may require.

       AsAn amended,Act thisconcerning billdomestic isviolence identicaltraining toand S386(1R),amending whichP.L.1999, wasc.349. also released by the committee on this date.

       ThisBe billIt wasEnacted pre-filedby for introduction in the 2020-2021Senate sessionand pendingGeneral technicalAssembly review. of As reported, the billState includesof theNew changesJersey: required by technical review, which has been performed.

COMMITTEE  AMENDMENTS:     1.    Section 10 of P.L.1999, c.349 (C.2B:25-10) is amended to read as follows:

     1.   10.  Specify a.  topics(1)  tothe beAttorney coveredGeneral in aconsultation with the county and municipal prosecutors [may] shall develop curricula for 1[domestic violence]1 training programprograms onfor all municipal prosecutors 1[and may develop or identify curricula for other training programs for municipal prosecutors] which shall include, but not be limited to, domestic violence,violence includingtraining suchand  include topics asregarding the dynamics of domestic violence, the impact of domestic violence on children, risks for lethality and the impact of trauma on survivors. survivors,     risks 2.   for Requirelethality mandatoryin trainingdomestic onlyviolence forcases, newoffenders municipalaccountability, prosecutorssafety appointedplanning afterand theservices bill’sfor effectivesurvivors dateof whodomestic haveviolence, notthe previouslyimpact servedof asracial abias municipaland prosecutor.discrimination on survivors and marginalized communities1.

     (2)  Participation in such training programs shall be voluntary, except that participation in the domestic violence training program shall be mandatory 1[in accordance with subsection b.

of section 4 of P.L.1999, c.349 (C.2B:25-4)]1.

An attorney successfully completing a training program shall receive such certification or recognition as deemed appropriate by the Attorney General.  1[A municipal prosecutor may satisfy the requirement of participating in the domestic violence training program if he successfully completes a training program offered by the Attorney General, a county prosecutor, or any other public entity that provides a training program that conforms to the requirements described in paragraph (3)  of subsection b.

of section 4 of P.L.1991, c.261 (C.2C:25-20).

Nothing in this section shall preclude the provision of continuing legal education credits for the completion of such a training program.]1      b.  The domestic violence training course and curriculum shall be reviewed at least every two years and modified by the Division of Criminal Justice from time to time as need may require1[, provided that nothing in this section shall limit the ability of a county prosecutor to modify the domestic violence training program that the prosecutor provides to municipal prosecutors in that county from time to time as need may require in order to conform to the particular practices and customs in that county]1.

     The 1[county prosecutor shall be responsible for confirming that all persons appointed as or serving as municipal prosecutors within the county have complied with the requirement to]  Attorney General shall be responsible for ensuring that all new municipal prosecutors appointed after the effective date of P.L.    , c.      who have not previously served as a municipal prosecutor for a municipality1 attend an initial domestic violence training within 90 days of appointment or transfer and annual 1in-service1 training of at least four hours as described in paragraph (3) of subsection b.

of section 4 of P.L.1991, c.261 (C.2C:25-20) 1[and required by subsection b.

of section 4 of P.L.1999, c.349 (C.2B:25-4)]  .

The training shall not be required for any municipal prosecutor who was appointed to that office prior to the effective date of P.L.    , c.    who is subsequently re-appointed to that office or appointed as a municipal prosecutor for another municipality after that effective date1 .

(cf:

P.L.1999, c.349, s.10)        1[2.  Section 4 of P.L.1999, c.349 (C.2B:25-4) is amended to read as follows:

     4.    a.  Each municipal court in this State shall have at least one municipal prosecutor appointed by the governing body of the municipality, municipalities or county in accordance with applicable laws, ordinances and resolutions.

     b.    A municipal prosecutor shall be an attorney-at-law of this State in good standing, and shall serve for a term of one year from the date of his or her appointment, except as determined by the governing body of a county or a city of the first class with a population greater than 270,000, according to the latest federal decennial census, or the governing body of a city of the second class with a population of greater than 30,000 but less than 43,000, according to the latest decennial census, which city of the second class is located in a county of the first class with a population less than 600,000 according to the latest federal decennial census, and may continue to serve in office pending re-appointment or appointment of a successor.  No governing body shall appoint, and no person shall serve as, a municipal prosecutor unless that person has successfully completed a domestic violence training course of at least four hours as described in paragraph (3) of subsection b.

of section 4 of P.L.

1991, c.261 (C.2C:25-20).

A municipal prosecutor may be appointed to that position in one or more municipal courts.  The provisions of this act shall apply to each such position held.

     c.     (1)  A municipal prosecutor of a joint municipal court shall be appointed upon the concurrence of the governing bodies of each of the municipalities in accordance with applicable laws, ordinances or resolutions.

     (2)   A municipal prosecutor of a central municipal court shall be appointed by the governing body of the county.

     d.    Municipal prosecutors shall be compensated either on an hourly, per diem, annual or other basis as the county, municipality or municipalities provide.  In the case of a joint municipal court, municipalities shall, by similar ordinances, enter into an agreement fixing the compensation of the municipal prosecutor and providing for its payment.  In the case of a central municipal court, the county shall fix the compensation of the municipal prosecutor and provide for its payment.

     The compensation of municipal prosecutors shall be in lieu of any and all other fees;

provided, however that when a municipal prosecutor is assigned to prosecute a de novo appeal in the Superior Court, the prosecutor shall be entitled to additional compensation unless the municipality expressly provides otherwise at the time the compensation is fixed.

     e.     In accordance with applicable laws, ordinances and resolutions, a municipality may appoint additional municipal prosecutors as necessary to administer justice in a timely and effective manner in its municipal court.  Such appointments shall be subject to this act.  This subsection also applies to joint municipal courts and central municipal courts.

     f.     Any municipal court having two or more municipal prosecutors shall have a "chief municipal prosecutor" who shall be appointed by the governing body of the county or the municipality.  The chief municipal prosecutor of a joint municipal court shall be appointed upon the concurrence of the governing bodies of each municipality.  The chief municipal prosecutor shall have authority over other prosecutors serving that court with respect to the performance of their duties.

     g.    (1)  Nothing in this act shall affect the appointment of municipal attorneys in accordance with N.J.S.40A:9-139;

provided, however, that a person appointed to the positions of both municipal prosecutor and municipal attorney shall be subject to all of the provisions of this act while serving in the capacity of municipal prosecutor.

     (2)   In addition to any other duties proscribed by the provisions of this act, a person serving as both a municipal prosecutor and a municipal attorney may prosecute county or municipal ordinance violations.

(cf: