STATE OF NEW JERSEY
213th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION
Sponsored by:
Assemblywoman LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Assemblyman ERIC MUNOZ
District 21 (Essex, Morris, Somerset and Union)
Assemblyman JOSEPH CRYAN
District 20 (Union)
Assemblywoman ELEASE EVANS
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblywoman Oliver, Assemblymen Biondi, McKeon, Green, Thompson, Assemblywomen Vainieri Huttle, Handlin, Assemblymen Vas, Giblin, Assemblywoman Quigley, Assemblyman P. Barnes, III, Assemblywoman Lampitt, Assemblymen Rumpf, Diegnan, Egan, Scalera, Albano, Johnson, Greenwald, Assemblywoman Cruz-Perez, Assemblymen Bramnick, O'Scanlon, Chivukula and Assemblywoman Casagrande
SYNOPSIS
Amends stalking law to broaden protections for victims.
CURRENT VERSION OF TEXT
As reported by the Assembly Law and Public Safety Committee with technical review.
An Act concerning stalking and amending P.L.1992, c.209.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1992, c.209 (C.2C:12-10) is amended to read as follows:
1. a. As used in this act:
(1) "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person’s property; repeatedly committing harassment against a person, including but not limited to repeatedly making telephone calls; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.
(2) "Repeatedly" means on two or more occasions.
(3) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
[(3) "Immediate family" means a spouse, parent, child, sibling or any other person who regularly resides in the household or who within the prior six months regularly resided in the household.]
b. A person is guilty of stalking, a crime of the [fourth] third degree, if he purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear [bodily injury to himself or a member of his immediate family or to fear the death of himself or a member of his immediate family] for his safety or the safety of a third person or suffer other emotional distress.
c. A person [is guilty of a crime of the third degree if he] who commits the crime of stalking in violation of an existing court order prohibiting the behavior shall be sentenced by the court to a mandatory minimum term of imprisonment of six months, during which the defendant shall be ineligible for parole.
d. A person who commits a second or subsequent offense of stalking against the same victim [is guilty of a crime of the third degree] shall be sentenced by the court to a mandatory minimum term of imprisonment of six months, during which the defendant shall be ineligible for parole.
e. A person [is guilty of a crime of the third degree if he] who commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States shall be sentenced by the court to a mandatory minimum term of imprisonment of six months, during which the defendant shall be ineligible for parole.
f. A person who commits the crime of stalking against a victim who is less than 18 years of age shall be sentenced by the court to a mandatory minimum term of imprisonment of six months, during which the defendant shall be ineligible for parole.
g. This act shall not apply to conduct which occurs during organized group picketing.
(cf: P.L.2001, c.220, s.2)
2. This act shall take effect immediately.