With the lame duck session in full swing, the Legislature considered and moved several pieces of legislation, including a bill drafted by the New Jersey State Bar Association.
S2991 (Singleton)/A2351 (Mukherji) – Elective Spousal Share
The NJSBA drafted this legislation, which permits a court to effectuate equitable distribution when a complaint for divorce or dissolution of a civil union has been filed and either party has died prior to a final judgment. It provides that a surviving party would not receive an intestate or elective share and considers prior agreements regarding equitable distribution and clarifies court proceedings relative to this issue. The bill passed the Senate unanimously and awaits a full vote in the Assembly before going to the governor.
S2295 (Turner)/A1515 (McKnight) – Civilian Review Boards
The Assembly Community Development and Affairs Committee passed a bill that would authorize a pilot program for local entities to create civilian review boards (CRB) to review police operations and conduct. The NJSBA supports this bill with several amendments to permit other municipalities to create CRBs, allow for concurrent police investigations when internal affairs investigations are ongoing, and allows for subpoena power.
NJSBA member Lawrence S. Lustberg testified on behalf of the Association to encourage the bill’s passage. Lustberg represented the American Civil Liberties Union of New Jersey and Newark Communities for Accountable Policing in Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark, 244 N.J. 75 (2020) to defend Newark’s ordinance that created a civilian review board. The Supreme Court held that the Newark CRB could investigate citizen complaints alleging police misconduct, which may result in recommendations for the Public Safety Director to pursue discipline against a police officer.
However, concurrent investigations and subpoena powers are not rights that may be delegated without express legislative intent. The CRB bill is that intent, said Lustberg in his testimony. The bill heads to a full vote in the Assembly and awaits a committee hearing in the Senate Law and Public Safety Committee.
S524 (Ruiz)/A1700 (Quijano) – Mental Health Diversion Program
The Senate concurred with Gov. Phil Murphy’s conditional veto to remove certain individuals from eligibility in the mental health diversion program. The NJSBA supports the expansion of a mental health diversion program to direct people to appropriate treatment when they have committed certain crimes who are presumptively eligible to be considered for such diversion. The conditional veto removes from eligibility second degree and violent crimes, including Megan’s Law-triggering offenses from eligibility. The revised bill awaits approval by the Assembly.
S1809 (Ruiz)/A1475 (Lopez) – Coercive Control
This bill adds coercive control to the definition of domestic violence and lists factors for judges to consider in whether a final restraining order is necessary. The NJSBA expressed concerns about enumerating a list of factors which may blur the lines between domestic violence and domestic contretemps, instead urging a definition to consider factors of coercive control. The bill awaits the governor’s signature following its passage in the Assembly.
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.