Several bills being monitored by the New Jersey State Bar Association moved in both the Assembly and Senate budget committees in a last-minute push before the Legislature breaks for the summer.
S1385 (Singleton)/A3731 (Murphy) – Lisa’s Law
A last-minute add-on, this bill establishes a four-year pilot program in Ocean County (or a different county as determined by the Attorney General) for the electronic monitoring of domestic violence offenders and notification to victims. The NJSBA initially opposed the bill because it proposed to conduct electronic monitoring based solely on an arrest – and not a conviction – for violating a temporary or final restraining order, raising constitutional questions. As amended, monitoring would only be ordered with the victim’s informed consent and would apply to defendants convicted of contempt of a domestic violence order.
Further amendments allow for judicial discretion to decide whether to place the defendant on electronic monitoring by holding a hearing and considering specific factors enumerated in the bill. It also includes electronic monitoring device standards, and the imposition of fines and fees.
The pilot program is named Lisa’s Law in remembrance of Letizia Zindell of Toms River, a domestic violence victim who was murdered by her former fiancé who had been jailed on a contempt charge just prior to murdering her and then killing himself. The bill has not moved in the Assembly.
S2806 (Turner)/A3861 (Reynolds-Jackson) – Louisa Carman Medical Debt Relief Act
This bill would prohibit a consumer reporting agency from creating a consumer report containing a patient’s paid medical debt or medical debt worth less than $500, regardless of the date the medical debt was incurred. It would also prohibit a medical creditor or medical debt collector from reporting a patient’s medical debt to any consumer reporting agency. The bill affords further protections to patients with medical debt from collection actions, including the ability to void any medical debt that is furnished to a consumer reporting agency and including this act as a violation of the “consumer fraud act.” The NJSBA is currently monitoring the bill.
S3201 (Gopal)/A2378 (Spearman) – Upgrades penalties for assaulting law enforcement and requiring testing for communicable diseases
The NJSBA opposes this bill, which would upgrade certain penalties for assaulting law enforcement and increase penalties for assault with bodily fluids. Those who are charged with assault with a bodily fluid would be required to provide a blood sample or other biological sample to be tested for a communicable disease. The NJSBA opposed the bill because of the mandatory testing requirement, which the Association said could lead to selective enforcement based on an alleged offender’s status as LGBTQ. Furthermore, the bill’s imposition of the requirement for those who are “at risk for a communicable disease” lacks any further definition or guidance. The Association further argued the bill is unnecessary because there are already a sufficient range of potential charges and penalties in place for assaults against law enforcement officers.
Amendments were made to remove the mandatory testing requirement, requiring a warrant for the collection of blood and based on sufficient grounds. The bill passed without further amendments, which are anticipated if the bill moves further. It has not yet moved in the Assembly.
S3192 (Diegnan)/A4454 (Frieman) – Real Estate Consumer Protection Enhancement Act
This bill provides protections for consumers regarding residential real estate transactions and certain aspects of commercial real estate transactions. Among the protections provided are articulated responsibilities to a consumer by brokerage firms, the buyer’s agent, the seller’s agent, a dual agent, a designated agent and a transaction broker. The NJSBA did not take a position on the bill but is monitoring it. As of the date of publication, the bill passed the Senate and is awaiting Assembly approval.