A4885 —

A4885 AWC1R Statement[First 2/23/21Reprint] ASSEMBLY WOMEN AND CHILDREN COMMITTEE   STATEMENT TO   ASSEMBLY, No.

4885  STATE withOF committeeNEW amendmentsJERSEY 219th LEGISLATURE   STATEINTRODUCED OFOCTOBER NEW26, JERSEY2020   DATED:  Sponsored by:

 FEBRUARYAssemblywoman  23,VALERIE 2021VAINIERI  HUTTLE      District The37 Assembly(Bergen) WomenAssemblywoman  andYVONNE ChildrenLOPEZ CommitteeDistrict reports19 favorably(Middlesex) andAssemblywoman  withVERLINA committeeREYNOLDS-JACKSON amendmentsDistrict Assembly15 Bill(Hunterdon No.and Mercer)   Co-Sponsored by:

4885.Assemblymen Zwicker, Verrelli, Johnson, Benson, Assemblywoman McKnight, Assemblyman Holley, Assemblywomen N.Munoz, Jasey, Swain, Schepisi, Assemblymen McKeon, Tully and Assemblywoman Timberlake         SYNOPSIS      Requires law enforcement provide victim of sexual assault with initial incident report;

      As amended and reported by the committee, this bill provides that a sexual assault victim iswith to be given the option to review an initial incident report prior to filing by the law enforcement agency.  In addition, the law enforcement agency is required to provide the victim with a standardized form, prescribed by the Attorney General, wherein the victim may state whether the victim disagrees with information contained in the initial incident report.  The law enforcement agency is required to review the standardized form prior to finalizing and filing the initial incident report.        Under the bill, any decision by the victim to not submit acorrective standardizedform. form is not to be construed as indicating the victim’s approval regarding the contents of the initial incident report.

       TheCURRENT billVERSION providesOF thatTEXT at     theAs timereported ofby the initialAssembly report,Women the law enforcement agency is to inform the victim that the victim is entitled to a copy of the initial incident report once the initial incident report has been finalized or that the victim may waive the right to receive a copy of the initial incident report.  In addition, the law enforcement agency is to provide the victim with contact information so that the victim may inquire about the status of the initial report, prior to the law enforcement agency finalizing the report.  Under the bill, the law enforcement agency is to provide the victim with instructions regarding the precise date, time, and locationChildren whereCommittee theon victimFebruary may23, obtain2021, a copy of the finalized initial incident report from the law enforcement agency or provide the victim with theamendments. option to receive the initial incident report by mail.        The bill provides that a victim may exercise the option to submit a standardized form correcting information contained within the initial incident report at any time and that the victim is to be provided, at no cost, a copy of the initial incident report and any form submitted by the victim.  The bill also provides that the standardized form correcting information contained within the initial incident report is not a governmental record under the Open Public Records Act.

        TheAn billAct requiresconcerning athe lawprotocols enforcementfor agencysexual toassault permanentlycases retainand theamending initialP.L.2003, incidentc.137.  report       Be It Enacted by the Senate and form.General Assembly of the State of New Jersey:

       Under     the1.    bill,Section the1 law enforcement agency is to establish that it has complied with the provisions of thisP.L.2003, billc.137 by(C.2C:14-2.1) obtainingis theamended victim’s signature and that any violation of the bill’s provisions may be reported to theread Officeas offollows: the Attorney General.

          The1.    billa.  definesNotwithstanding “initialany incidentlaw, report”rule, toor meanregulation to the initialcontrary, any victim statementreporting a violation of N.J.S.2C:14-2 shall be provided bywith the victimoption to review the 1[police report] initial incident report1 concerning that violation prior to filing by the law enforcement agency.  In addition, the law enforcement agency andshall isprovide notthe tovictim includewith anya criminalstandardized investigatoryform recordsprescribed orby otherthe Attorney General wherein the victim may state whether the victim disagrees with information deemedcontained confidentialin pursuantthe 1[police report] initial incident report.  The law enforcement agency shall provide to the Openvictim Publiccontact Recordsinformation Act.for a liaison to victims of sexual assault, as set forth in subsection b.

     of Finally,this section, for assistance in completing the billstandardized providesform.1  thatThe eachlaw countyenforcement prosecutor’sagency officeshall isreview the standardized form prior to appointfinalizing and filing the 1[police report] initial incident report1.  The victim’s decision to not submit a staffstandardized memberform shall not be construed as indicating the victim’s approval regarding the contents of the 1[police report] initial incident report.  At the time of the initial report, the law enforcement agency shall inform the victim that the victim is entitled to a liaisoncopy of the initial incident report once the initial incident report has been finalized or that the victim may waive the right to victimsreceive a copy of sexualthe assaultinitial andincident report.  The law enforcement agency shall provide the victim with contact information so that the victim may inquire about the status of the initial incident report, prior to law enforcement agency finalizing the report.  The law enforcement agency shall provide the victim with instructions regarding the precise date, time, and location where the victim may obtain a copy of the finalized initial incident report from the law enforcement agency isor provide the victim with the option to putreceive the initial incident report by mail.1  The victim inshall contactbe provided, at no cost, with a copy of the 1[police report] initial incident report1 and any form submitted by the victim.       At any time, a victim may exercise the option to submit a standardized form correcting information contained within the 1[police report] initial incident report, at which time the law enforcement agency also shall provide the victim with a copy of the standardized form submitted by the victim at no cost.  The standardized form correcting information contained within the initial incident report shall not be a governmental record under P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act1.       The law enforcement agency shall establish that it has complied with the provisions of this subsection by obtaining a signature from the victim.  A violation of this subsection may be reported to the Office of the Attorney General.       The 1[police report] initial incident report1 and form shall be permanently retained by the law enforcement agency.       b.    1Each county prosecutor’s office shall appoint a staff member who will serve as a liaison forto assistancevictims of sexual assault.  The liaison shall have expertise in the rights of sexual assault victims and in the handling of sexual assault cases.  The liaison shall provide assistance, support, and guidance to victims of sexual assault including, but not limited to, completing the standardized form.form contesting the information contained in the initial incident report.

          Asc.1   amendedWhenever bythere is a prosecution for a violation of [N.J.S.A.2C:14-2] N.J.S.2C:14-2, the committee,victim Assemblyof Billthe No.sexual assault shall be provided an opportunity to consult with the prosecuting authority prior to the conclusion of any plea negotiations.

4885     isNothing identicalcontained herein shall be construed to Senatealter Billor No.limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate.

3071     (1R),1d.   sponsoredFor bypurposes Senatorsof Weinbergthis andsection Ruiz,“initial whichincident wasreport” reportedshall mean the initial victim statement provided by the Senatevictim Lawto the law enforcement agency and Publicshall Safetynot Committeeinclude onany Decembercriminal 10,investigatory 2020.records or other information deemed confidential pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.).1 (cf:

P.L.2003, c.137, s.1)   COMMITTEE     AMENDMENTS:2.    This act shall take effect immediately. 

      The committee amended the bill to:

      1)   clarify that a law enforcement agency is to provide the victim a copy of the initial incident report;

      2)   clarify that a law enforcement agency is to provide the victim with a copy of the corrective form at no cost, any time the victim exercises the option to submit a standardized form correcting information contained in the initial incident report;

      3)   define “initial incident report” to mean the initial victim statement provided by the victim to the law enforcement agency and is not to include any criminal investigatory records or other information deemed confidential pursuant to the Open Public Records Act;

      4)   provide that the standardized form correcting information contained within the initial incident report is not a governmental record under the Open Public Records Act;

      5)   provide that each county prosecutor’s office is to appoint a staff member as a liaison to victims of sexual assault to provide assistance, support, and guidance;

      6)   provide that at the time of the initial report, the law enforcement agency is to inform the victim that he or she is entitled to a copy of the initial incident report once the initial incident report has been finalized or that the victim may waive the right to receive a copy of the initial incident report;

      7)   provide the victim with contact information so that the victim may inquire about the status of the initial report, prior to the law enforcement agency finalizing the report;

      8)   provide the victim with instructions regarding the precise date, time, and location where the victim may obtain a copy of the finalized initial incident report from the law enforcement agency or provide the victim with the option to receive the initial incident report by mail;

and       9)   provide that the law enforcement agency is to put the victim in contact with the liaison to victims of sexual assault for assistance in completing the standardized form.

      The committee also amended the synopsis to reflect the use of the term “initial incident report” in place of the term “police report.”       As reported by the committee, Assembly Bill No.

4885 is identical to Senate Bill No.

3071 (1R) which was also reported by the committee on this date.