This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.
The Senate voted unanimously to expand the availability of protective orders for victims who are unable to obtain them under the domestic violence statutes for allegations of stalking, cyber harassment, sexual assault, and criminal sexual contact. S1517 (Greenstein) was passed with amendments proposed by the New Jersey State Bar Association and other stakeholders.
“It’s ridiculous that many people who are being stalked can’t get a restraining order without filing criminal charges when they are being threatened or intimidated by a stranger,” said Sen.ator Jon Bramnick, a co-prime sponsor who added his name to the bill after being contacted by a constituent whose daughter was stalked and cyber-harassed by someone she did not know.
“In too many instances, the police are unable to do anything when extremely dangerous behavior is reported,” Bramnick said.. This legislation makes it easier for more victims to get protective restraining orders before frightening conduct escalates to actual harm.”
The constituent, a mother of a young woman, testified before the Senate Judiciary Committee in January about her daughter’s experience that lasted over three years. Her daughter, who did not have a dating relationship with the alleged stalker, received disturbing text messages, phone calls and voicemails and sought police intervention. She was told to file a criminal complaint, which took nearly a year before she was able to obtain a “no contact order.”
“He lived only two blocks away and she was provided no protection, protection a restraining order would have offered her,” said the mother.
The NJSBA expressed concerns about the original version of the bill, but offered recommendations to incorporate provisions under the existing Sexual Assault Survivor Protection Act (SASPA). The sponsors agreed to incorporate language from SASPA into the bill, which resolved NJSBA’s concerns that the bill lacked an adjudication standard for final restraining orders and was potentially constitutionally infirm due to the lack of due process.
The bill remains pending in the Assembly Judiciary Committee. The NJSBA continues to monitor the bill.
Bill Codifying Interracial Marriages and Civil Unions Clears Assembly
The Assembly voted unanimously to support A4939 (McKeon), which codifies interracial marriage into state law. The NJSBA supports this bill as a fundamental constitutional right to ensure the protection of interracial marriages and civil unions.
The bill was drafted in response to the United States Supreme Court’s decision to overturn Roe v. Wade, raising concerns that the decision puts into peril marriage equality, access to contraception and interracial marriage.
“The threat may seem theoretical but the concern is very real,” said Assembly sponsor John McKeon. “Given the risk that other federally protected personal decisions could be returned to individual states for determination, including the right of persons of different racial or ethic backgrounds to marry, it is necessary to protect interracial marriage in New Jersey statutory law.”
The bill remains pending in the Senate Judiciary Committee and continues to be monitored by the NJSBA.