New Jersey A 2961: Concerns victim's right to rape care advocate under certain circumstances.

Bill Text

A2961 

ASSEMBLY, No. 2961 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ERIK PETERSON

District 23 (Hunterdon, Somerset and Warren)

Co-Sponsored by:

Assemblyman McGuckin

SYNOPSIS

���� Provides for an additional aggravating factor in 
sentencing person who has committed act of domestic violence against certain 
minors.

CURRENT VERSION OF TEXT 

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

��

An Act concerning certain domestic violence victims and 
amending N.J.S.2C:44-1.

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

���� 1.��� N.J.S.2C:44-1 is amended 
to read as follows:

���� 2C:44-1.���� a. In determining 
the appropriate sentence to be imposed on a person who has been convicted of an 
offense, the court shall consider the following aggravating circumstances:

���� (1)�� The nature and 
circumstances of the offense, and the role of the actor therein, including 
whether or not it was committed in an especially heinous, cruel, or depraved 
manner;

���� (2)�� The gravity and 
seriousness of harm inflicted on the victim, including whether or not the 
defendant knew or reasonably should have known that the victim of the offense 
was particularly vulnerable or incapable of resistance due to advanced age, 
ill-health, or extreme youth, or was for any other reason substantially 
incapable of exercising normal physical or mental power of resistance;

���� (3)�� The risk that the 
defendant will commit another offense;

���� (4)�� A lesser sentence will 
depreciate the seriousness of the defendant's offense because it involved a 
breach of the public trust under chapters 27 and 30, or the defendant took 
advantage of a position of trust or confidence to commit the offense;

���� (5)�� There is a substantial 
likelihood that the defendant is involved in organized criminal activity;

���� (6)�� The extent of the 
defendant's prior criminal record and the seriousness of the offenses of which 
he has been convicted;

���� (7)�� The defendant committed 
the offense pursuant to an agreement that he either pay or be paid for the 
commission of the offense and the pecuniary incentive was beyond that inherent 
in the offense itself;

���� (8)�� The defendant committed 
the offense against a police or other law enforcement officer, correctional 
employee or fireman, acting in the performance of his duties while in uniform 
or exhibiting evidence of his authority; the defendant committed the offense 
because of the status of the victim as a public servant; or the defendant 
committed the offense against a sports official, athletic coach or manager, 
acting in or immediately following the performance of his duties or because of 
the person's status as a sports official, coach or manager;

���� (9)�� The need for deterring 
the defendant and others from violating the law; 

���� (10) �The offense involved 
fraudulent or deceptive practices committed against any department or division 
of State government;

���� (11) �The imposition of a 
fine, penalty or order of restitution without also imposing a term of 
imprisonment would be perceived by the defendant or others merely as part of 
the cost of doing business, or as an acceptable contingent business or 
operating expense associated with the initial decision to resort to unlawful 
practices;

���� (12) �The defendant committed 
the offense against a person who he knew or should have known was 60 years of 
age or older, or disabled;

���� (13) �The defendant, while in 
the course of committing or attempting to commit the crime, including the 
immediate flight therefrom, used or was in possession of a stolen motor 
vehicle;

���� (14) �The offense involved an 
act of domestic violence, as that term is defined in subsection a. of section 3 
of P.L.1991, c. 261 (C.2C:25-19), committed in the presence of a child under 16 
years of age; [and]

���� (15) �The offense involved an 
act of domestic violence, as that term is defined in subsection a. of section 3 
of P.L.1991, c. 261 (C.2C:25-19) and the defendant committed at least one act 
of domestic violence on more than one occasion; and

���� (16) �The offense involved 
an act of domestic violence, as that term is defined in subsection a. of 
section 3 of P.L.1991, c. 261 (C.2C:25-19), committed against a minor who is a 
victim of domestic violence as defined in subsections d. and e. of section 3 of 
P.L.1991, c. 261 (C.2C:25-19).

���� b.��� In determining the 
appropriate sentence to be imposed on a person who has been convicted of an 
offense, the court may properly consider the following mitigating 
circumstances:

���� (1)�� The defendant's conduct 
neither caused nor threatened serious harm;

���� (2)�� The defendant did not 
contemplate that his conduct would cause or threaten serious harm;

���� (3)�� The defendant acted 
under a strong provocation;

���� (4)�� There were substantial