New Jersey S 2399: Creates sexual assault prevention and response program and coordinator for service members.

Bill Text

S2399 

SENATE, No. 2399 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator ANTHONY M. BUCCO

District 25 (Morris and Passaic)

Senator JAMES BEACH

District 6 (Burlington and Camden)

Co-Sponsored by:

Senator Amato

SYNOPSIS

���� Creates sexual assault prevention and response 
program and coordinator for service members.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

��

An Act 
concerning sexual assault prevention and response in the Department of Military 
and Veterans Affairs, and supplementing Title 38A of the New Jersey Statutes.� 

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� The Legislature finds 
and declares that sexual assault remains a persistent problem in the military despite 
numerous initiatives to address it.� The lack of progress stems from the 
complexity of the problem of sexual assaults, and it is necessary to develop 
effective prevention and response programs to increase the reporting of sexual 
assaults as well as to increase the conviction rates of perpetrators of sexual 
assault.� This Legislature believes that a sexual assault prevention and 
response program and a coordinator to assist victims is necessary and 
appropriate to address military sexual assault.� 

���� 2.��� a.� The Adjutant General 
of the Department of Military and Veterans Affairs shall establish a sexual 
assault prevention and response program and shall appoint a sexual assault 
response coordinator.� The program and coordinator shall be in, but not of, the 
department and shall exercise the authority granted under this section 
independently from the chain of command within the department.� 

���� The program shall apply to 
alleged sexual assaults committed by a service member against another service 
member, regardless of whether or not either person was on or off duty at the 
time of the alleged assault.� 

���� The coordinator shall provide 
victim advocacy services, including ensuring that victims of sexual assault 
receive appropriate responsive care and understand the available reporting 
options.� The coordinator shall notify the person who is a victim of sexual 
assault of their eligibility for compensation from the Victims of Crime 
Compensation Office established pursuant to P.L.2007, c.95 (C.52:4B-3.2 et al.).� 

���� b.� The program shall permit 
the victim of a sexual assault as that offense is defined in Title 2C of the 
New Jersey Statues to file a complaint with the coordinator alleging that a 
service member who is a member of the United States Armed Forces, or a Reserve 
component thereof, including the New Jersey National Guard, committed the 
offense. �A complaint may be filed if the alleged offense took place while the 
accused was a service member and subsequently retired or was discharged from 
service prior to the filing of the complaint.� 

���� The program shall permit a 
victim of sexual harassment to:

���� (1)� file a confidential 
complaint of sexual harassment with the coordinator alleging that a service 
member committed the offense; 

���� (2)� participate in the United 
States Department of Defense Catch a Serial Offender Program; 

���� (3)� receive notice if the 
accused is subsequently accused of an offense of sexual assault by a service member 
or any other person; and

���� (4)� convert a confidential 
complaint to a formal complaint at any time. 

���� c.���� Upon the filing of a complaint 
with the coordinator and with the consent of the victim, the coordinator shall 
refer the case or allegation of sexual assault as defined in Title 2C of the 
New Jersey Statutes to the Office of the Attorney General for investigation. �The 
Attorney General shall designate an employee of the Department of Law and 
Public Safety to investigate the case or allegation.

���� If the investigation 
demonstrates a reasonable suspicion that the offense was committed by a service 
member, the investigator shall refer the matter to the prosecutor with the 
appropriate jurisdiction.� 

���� d.� (1)� Notwithstanding any 
provision of law to the contrary, the coordinator may file an application with 
the consent of a person who is a victim for a protective order under Title 2C 
of the New Jersey Statutes on behalf of the victim of a sexual assault alleged 
to have been committed by a service member.� 

���� (2) In addition to the person 
having standing to file the application under paragraph (1) of this subsection, 
the coordinator may file an application with the consent of a person who is a 
victim for a military protective order under the Uniform Code of Military 
Justice on behalf of the victim of a sexual assault alleged to have been 
committed by a service member.� 

���� e.� For the purposes of this 
act, P.L.�� , c.�� (pending before the Legislature as this bill), a protective 
order issued to a person because the person wa