The Senate passed A3881 (Quijano)/S2513 (Stack), which prohibits the dissemination of certain criminal history background information when an expungement order has been issued, but not processed by the State Bureau of Identification in the Division of State Police (SBI). The New Jersey State Bar Association has been monitoring this bill’s movement.
Under the bill, the SBI would be prohibited from sharing criminal history information for people with unprocessed expungement records. The bill mandates that the SBI check if a person has an unprocessed expungement order before sharing any background information.
“The delay in processing expungement orders unjustly exposes individuals to unwarranted discrimination when their criminal histories are disclosed to potential employers, landlords, and others,” said the bill’s sponsor, Assemblywoman Annette Quijano. “It is egregious that those who have fulfilled their obligation to society continue to face these challenges.”
Last year, the Office of the Public Defender filed a class action suit against the New Jersey State Police to address what it characterized as unreasonable delays in processing expungements following an order granting them.
“In 2019, the State Police received access to $15 million in taxpayer money to support swift processing of expungement orders and yet, the agency has a significant backlog of unprocessed orders recently estimated to consist of almost 50,000 cases,” said Public Defender Jennifer Sellitti in a press release in 2023. Since the lawsuit, the State Police produces quarterly reports to address the status of these expungements. The next report is due later this month.
The bill goes back to the Assembly to concur with the Senate vote, and then it will head to the governor.
‘Moose’s Law’ to Prohibit Animal Cruelty Offenders From Owning Animals Passes Senate
S3746 (Singleton)/A3709 (Murphy), which would prohibit those convicted of animal cruelty offenses from owning domestic companion animals and from working or volunteering at animal-related enterprises passed the Senate this week. The NJSBA supported this bill and is reviewing the amendments as the bill moves to the Assembly.
“Animal abuse is one of the most abhorrent crimes an individual can commit, and more needs to be done to hold offenders accountable,” said the bill’s sponsor, Sen. Troy Singleton. “According to the Humane Society, 86 percent of those charged with animal cruelty have previously been arrested for it. This legislation will help to ensure that these repeat offenders are not able to continue their patterns of abuse.”
Under the bill, once convicted for criminal animal cruelty, an order of forfeiture of any animal owned by the offender is issued to transfer the animal to the custody of a licensed shelter or pound, or to the co-owner of the animal provided that the animal is co-owned by a person who does not live with the offender and who has not been convicted of an animal cruelty offense. The offender would be prohibited from acquiring, owning or residing with any animal for at least two years following the conviction. The offender would also be prohibited from commencing, operating, or applying for employment or volunteering at an animal-related enterprises for a period of time as determined by the court based on the nature and severity of the offense, as well as the offender’s prior history.
The bill is named after a 3-year-old chocolate Labrador retriever, Moose, who went missing in July 2012 after jumping a fence at his South Jersey home. A novice animal rescuer and dog trainer who operated a dog training business in Pennsylvania was charged with Moose’s death. The trainer had kidnapped Moose and sold the dog to another owner in Pennsylvania despite knowing that Moose’s original South Jersey family was looking for him, a police investigation found. The new owners hired the trainer to work with Moose and the trainer admitted to leaving the dog in her hot car to die.