(Trenton) - Legislation sponsored by Assemblymen Albert Coutinho and Gordon M. Johnson that would help law enforcement with cold cases by requiring certain agencies to preserve biological evidence in unsolved crimes has been approved by an Assembly committee.
"The evolution of forensic science has helped law enforcement apprehend people who committed a crime, but managed to escape the law for years. The technology has caught up to criminals, but it is useless if the biological evidence that can crack a cold case and bring a criminal to justice is lost," said Coutinho (D-Essex/Union). "By ensuring that this evidence is preserved in cases that remain unsolved, we can assist law enforcement agencies in capturing criminals who have eluded the law, and provide justice for victims and their families."
The bill (A-3994) would require agencies responsible for collecting, storing, and retrieving biological evidence secured in relation to the investigation or prosecution of a crime to preserve that state's custody. The bill would also require the agency to produce the preserved evidence at the request of the court. Under the bill, biological evidence means any item that contains blood, semen, hair, saliva, skin, fingernail scrapings, bone, bodily fluids, or other identifiable biological material.
The chief evidence custodian of an agency that could not locate evidence it was required to preserve under the bill, would be required, under penalty of perjury, to provide an affidavit describing the efforts taken to locate it, and how despite those efforts, it could not be located. The bill also specifies that any inmate, who was denied a court motion to have DNA testing conducted because the biological evidence could not be found, would be entitled to request a new search. The responsible agency would have 30 days to conduct such a search. If the evidence is located, the agency would have 10 days to notify the person responsible for submitting a new motion to the court requesting the DNA testing. If the evidence is not found, the chief evidence custodian would be required, under penalty of perjury, to provide an affidavit describing the efforts taken to locate it, and how despite those efforts, it could not be located.
Any person who destroys, or otherwise tampers with evidence or who knowingly fails to produce evidence in the agency's custody would be guilty of a disorderly persons offense.
"Just like new technologies can help solve cold cases, they can also help clear people who were convicted of a crime they never committed. There have been numerous reports of innocent people released after years spent in prison after they were cleared by DNA testing," said Johnson (D-Bergen). "Keeping the wrong person in prison is an injustice to the person serving the wrongful sentence, and the victim of whom justice was supposed to be served. If there is evidence that can prove the innocence of a person who is incarcerated, then it must be made available."
The bill was released by the Assembly Law and Public Safety Committee.
Wednesday, November 30, 2011
Assembly Panel to Continue Job Creation & Economic Development Effort
Job Training, Small Biz Expansion, Job Creation & Retention on Agenda
(Trenton) - The Assembly Appropriations Committee will meet Thursday to continue the Assembly's job creation and economic development push by considering bills to promote job training for out-of-work residents, encourage small business expansion and entice businesses to engage in economic development, job creation and the preservation of existing jobs.
Thursday's hearing is slated from 11 a.m. in Committee Room 11 on the 4th Floor of the State House Annex in Trenton. Audio of the hearing will be streamed live at: http://www.njleg.state.nj.us/media/live_audio.asp
The following will be considered:
- Renewed legislation Assembly Speaker Sheila Y. Oliver (D-Essex/Passaic) sponsored to create the Back to Work NJ program to help out-of-work residents receive on-the-job training from potential employers (A-4332). The program has proven effective in Georgia and been included in President Obama's jobs plan, but Gov. Christie vetoed a previous version earlier this year.
- Legislation to establish the Grow New Jersey Assistance Program tax credit incentive program for New Jersey-based companies that retain and create new jobs (A-4306). It's sponsored by Albert Coutinho (D-Essex) and Herb Conaway M.D. (D-Burlington/Camden).
- A bill to create a loan program within the New Jersey Economic Development Authority to help small businesses expand (A-4336). It's sponsored by Daniel R. Benson (D-Mercer/Middlesex), Coutinho, and Troy Singleton (D-Burlington/Camden).
- Legislation sponsored by Gordon Johnson (D-Bergen) to phase out over three years the cosmetic medical surgery tax (A-3646).
- A bill (A-4048) to allow for voluntary income tax return contribution to support NJ SHARES, which provides assistance to individuals and families who are in need of temporary help in paying their energy bills. It's sponsored by Elease Evans (D-Passaic/Bergen), Upendra Chivukula (D-Somerset/Middlesex), Charles Mainor (D-Hudson), Jason O'Donnell (D-Hudson), and Ruben J. Ramos Jr. (D-Hudson).
Riley and Albano Bill to Further Protect Crime Victims Advanced by Assembly Committee
(Trenton) - Legislation sponsored by Assembly members Celeste M. Riley and Nelson T. Albano to bolster the rights of crime victims has been approved by an Assembly panel.
The bill (A-2558) would enhance existing law by making several amendments and additions to the "Crime Victim's Bill of Rights", including the right to be treated with dignity and compassion by the criminal justice system, the right to be advised of case progress and final disposition and the right to make an in-person statement directly to the sentencing court.
"A trial can be a trying experience for crime victims and surviving relatives and friends," said Riley (D-Salem/Cumberland/Gloucester). "Strengthening the rights rendered to these victims ensures they are afforded the best legal means to present their case, and are treated with respect and compassion as they seek justice for the crime committed against them."
"The road to justice is not an easy one. Crime victims must often relive the damage committed against them during arduous criminal proceedings," said Albano (D-Cape May/Atlantic/Cumberland). "We owe it to these victims to ensure they are protected during the trial process, and are given the resources to hold responsible those who caused them harm."
The bill would ensure crime victims are entitled to the following:
The bill was released by the Assembly Judiciary Committee.
The bill (A-2558) would enhance existing law by making several amendments and additions to the "Crime Victim's Bill of Rights", including the right to be treated with dignity and compassion by the criminal justice system, the right to be advised of case progress and final disposition and the right to make an in-person statement directly to the sentencing court.
"A trial can be a trying experience for crime victims and surviving relatives and friends," said Riley (D-Salem/Cumberland/Gloucester). "Strengthening the rights rendered to these victims ensures they are afforded the best legal means to present their case, and are treated with respect and compassion as they seek justice for the crime committed against them."
"The road to justice is not an easy one. Crime victims must often relive the damage committed against them during arduous criminal proceedings," said Albano (D-Cape May/Atlantic/Cumberland). "We owe it to these victims to ensure they are protected during the trial process, and are given the resources to hold responsible those who caused them harm."
The bill would ensure crime victims are entitled to the following:
- protection from harassment or abuse by anyone involved in the criminal justice process
- medical assistance reasonably related to the incident
- be notified in a timely manner, if his or her presence in court is not needed, or if any scheduled court proceeding has be adjourned or cancelled
- be compensated for loss sustained whenever possible
- be able to confer with the prosecution to keep adequately informed about the case
- submit a written statement prior to the prosecution deciding whether it will accept a negotiated plea or request by the defendant for pretrial intervention program
The bill was released by the Assembly Judiciary Committee.
Tuesday, November 29, 2011
Wagner, Gusciora Bill protecting NJ From Contaminated Fracking Water Advances
(Trenton) - A key Assembly panel on Monday advanced legislation sponsored by Assembly Democrats Connie Wagner and Reed Gusciora to protect New Jersey residents from contaminated wastewater produced by the controversial practice of hydraulic fracturing or "fracking."
"We don't want think process in New Jersey, and we don't want the wastewater either," said Wagner (D-Bergen). "Radioactive water can go elsewhere, especially places that promote and encourage drilling practice for whatever reason. For me, protecting New Jerseyans and their families are always my priority."
Fracking is a drilling technique used to expand existing fractures or create new fractures in rock by injecting water, often laced with chemicals, sand, and other substances, and often under high pressure, into or underneath the surface of the rock, typically for the purpose of natural gas exploration and production. The wastewater can be polluted with contaminants such as radium, benzene, barium, and strontium.
The measure approved on Monday (A-4321) would prohibit hydraulic fracturing wastewater produced in any state from being treated, discharged, disposed, or stored in New Jersey.
"Even with federal regulators finally agreeing to take a look at this issue, it's important that we make this move to protect both the public and our natural resources," said Gusciora (D-Mercer). "The last thing we want is this radioactive water ending up in our streams and rivers where it would cause environmental and health problems."
Wagner has been a leader in sponsoring legislation to protect New Jerseyans by prohibiting fracking in the state. Both sponsors said they were especially concerned that the wastewater could end up in rivers and streams.
The measure was approved by the Assembly Environment and Solid Waste Committee by a vote of 4-1-1 and now awaits consideration by the full Assembly.
"We don't want think process in New Jersey, and we don't want the wastewater either," said Wagner (D-Bergen). "Radioactive water can go elsewhere, especially places that promote and encourage drilling practice for whatever reason. For me, protecting New Jerseyans and their families are always my priority."
Fracking is a drilling technique used to expand existing fractures or create new fractures in rock by injecting water, often laced with chemicals, sand, and other substances, and often under high pressure, into or underneath the surface of the rock, typically for the purpose of natural gas exploration and production. The wastewater can be polluted with contaminants such as radium, benzene, barium, and strontium.
The measure approved on Monday (A-4321) would prohibit hydraulic fracturing wastewater produced in any state from being treated, discharged, disposed, or stored in New Jersey.
"Even with federal regulators finally agreeing to take a look at this issue, it's important that we make this move to protect both the public and our natural resources," said Gusciora (D-Mercer). "The last thing we want is this radioactive water ending up in our streams and rivers where it would cause environmental and health problems."
Wagner has been a leader in sponsoring legislation to protect New Jerseyans by prohibiting fracking in the state. Both sponsors said they were especially concerned that the wastewater could end up in rivers and streams.
The measure was approved by the Assembly Environment and Solid Waste Committee by a vote of 4-1-1 and now awaits consideration by the full Assembly.
Ramos, Caputo & Johnson Bill Promoting Car-Sharing Programs Continues Advancing
Measure Stems from Hoboken Program
(Trenton) - Legislation sponsored by Assemblymen Ruben J. Ramos, Jr., Ralph R. Caputo and Gordon Johnson to promote car-sharing initiatives by exempting nonprofit car-sharing organizations from the $5 surcharge on motor vehicle rentals continues advancing toward law.
"This is a new and innovative program that can bring savings to taxpayers and dramatically improve the quality of life for urban residents by reducing congestion, eliminating parking hassles and cutting pollution," said Ramos (D-Hudson). "Anything we can do to entice people to use services like this is a plus."
A car-sharing organization offers members an alternative to car ownership by allowing members to schedule time to utilize vehicles from a fleet on an hourly basis.
The Hoboken car sharing program - Corner Cars - is a public-private partnership though which car-sharing vehicles are distributed citywide at reserved on-street locations. Started in June, 2010, the program has over 1,000 members. City officials estimate that the program will result in removing 750 cars from Hoboken streets.
Under the legislation (A-3233) non-profit car-sharing organizations would be completely exempt from the $5 surcharge on New Jersey motor vehicle renters put in place in 2002. For profit companies would be allowed to offer a pro-rated surcharge of $0.25 an hour for vehicles scheduled for less than 24 hours of use by an individual.
"With this legislation, we're making it clear that we support this concept and want to see it succeed, not just in Hoboken, but in urban communities across the state," said Caputo (D-Essex). "Car-sharing programs benefit everyone, especially low-income residents who might need the mobility a car provides but who do not have the means to purchase one outright."
"Tackling congestion in our urban areas through innovative programs that make life easier for working class families is always a good thing," said Johnson (D-Bergen). "This is a smart approach and one we should be promoting throughout the state."
The Assembly Appropriations Committee recently released the measure 9-3.
Monday, November 28, 2011
Vainieri Huttle, Coutinho, Quijano & Spencer Bill to Protect Sexually Abused Children Advanced by Assembly Panel
(Trenton) - An Assembly panel on Monday approved legislation sponsored by Assembly members Valerie Vainieri Huttle, Albert Coutinho, Annette Quijano and L. Grace Spencer to protect sexually exploited minors.
The bill (A-3700-3934) would provide an affirmative defense to any person under 18 who engages in prostitution. An affirmative defense is an explanation for a defendant's actions that excuses or justifies his behavior. The bill intends to address situations where minors are charged criminally as a result of being a victim of sexual abuse. Currently, a person is afforded an affirmative defense to a charge of prostitution only if the person is a victim of human trafficking.
"Making a criminal out of an exploited child who was forced into prostitution under tragic circumstances is a complete moral failure," said Vainieri Huttle (D-Bergen). "Prostitution is not a choice for these children. This bill ensures that these young victims are helped, not hurt even more by being treated as criminals."
The bill would also require that care services be provided for sexually exploited juveniles charged with prostitution or juvenile victims of human trafficking. The bill would amend various sections of the current juvenile code to ensure these services are rendered.
"We rightfully protect children who have been victims of human trafficking and forced into prostitution. Why are we not extending the same level of protection to our children here in this country?" asked Coutinho (D-Essex/Union). "These children have been exploited over and over again by adults who failed them; they should not be victimized again by the legal system."
"Most of these children escaped an abusive environment only to find themselves in another one even worse. Turning them into criminals for unspeakable acts being done to them doesn't serve justice," said Quijano (D-Union). "These children were failed by those entrusted with their safety. It is our responsibility to rectify the injustices committed against them."
"This bill strengthens our current laws so that children who have been exploited are not only protected, but will receive the care they need," said Spencer (D-Essex/Union). "These children fell prey to horrendous circumstances and unscrupulous individuals. We must ensure children who have been sexually exploited are treated as victims and are provided with appropriate services, including shelter, care, counseling and crisis intervention services."
The bill was released by the Assembly Judiciary Committee.
The bill (A-3700-3934) would provide an affirmative defense to any person under 18 who engages in prostitution. An affirmative defense is an explanation for a defendant's actions that excuses or justifies his behavior. The bill intends to address situations where minors are charged criminally as a result of being a victim of sexual abuse. Currently, a person is afforded an affirmative defense to a charge of prostitution only if the person is a victim of human trafficking.
"Making a criminal out of an exploited child who was forced into prostitution under tragic circumstances is a complete moral failure," said Vainieri Huttle (D-Bergen). "Prostitution is not a choice for these children. This bill ensures that these young victims are helped, not hurt even more by being treated as criminals."
The bill would also require that care services be provided for sexually exploited juveniles charged with prostitution or juvenile victims of human trafficking. The bill would amend various sections of the current juvenile code to ensure these services are rendered.
"We rightfully protect children who have been victims of human trafficking and forced into prostitution. Why are we not extending the same level of protection to our children here in this country?" asked Coutinho (D-Essex/Union). "These children have been exploited over and over again by adults who failed them; they should not be victimized again by the legal system."
"Most of these children escaped an abusive environment only to find themselves in another one even worse. Turning them into criminals for unspeakable acts being done to them doesn't serve justice," said Quijano (D-Union). "These children were failed by those entrusted with their safety. It is our responsibility to rectify the injustices committed against them."
"This bill strengthens our current laws so that children who have been exploited are not only protected, but will receive the care they need," said Spencer (D-Essex/Union). "These children fell prey to horrendous circumstances and unscrupulous individuals. We must ensure children who have been sexually exploited are treated as victims and are provided with appropriate services, including shelter, care, counseling and crisis intervention services."
The bill was released by the Assembly Judiciary Committee.
Wagner Bill to Make Use of Mass Transit on Weekends During Special Events Easier Advanced by Assembly Panel
(Trenton) - Legislation sponsored by Assemblywoman Connie Wagner requiring publicly owned or operated parking facilities associated with rail service be open on weekends when a special event is taking place in New Jersey was approved Monday by an Assembly panel.
"New Jersey has a tradition of providing its citizens with the finest in sports and entertainment, namely at the Meadowlands, but the state hasn't always made it convenient to use mass transit to get to these events," said Wagner (D-Bergen). "The Meadowlands rail line, for instance, provides the public with the ability to enjoy these events while avoiding the stress and hassle associated with driving and parking, but public parking at the local rail passenger service, would have to be open to the public on the weekends and other times outside weekday commuting hours during a special event.
Special events would include spectacular sporting events, trade shows, expositions, concerts and other public events in the state.
"When the public cannot easily access public transit on the weekends when big events are taking place at the Meadowlands, the rail station is underutilized, wasting the extensive monetary investment made in the facility," Wagner said. "We should be doing all we can to promote mass transit use in this state, and this bill is a common sense step forward."
The bill was released by the Assembly Transportation, Public Works and Independent Authorities Committee for consideration.
"New Jersey has a tradition of providing its citizens with the finest in sports and entertainment, namely at the Meadowlands, but the state hasn't always made it convenient to use mass transit to get to these events," said Wagner (D-Bergen). "The Meadowlands rail line, for instance, provides the public with the ability to enjoy these events while avoiding the stress and hassle associated with driving and parking, but public parking at the local rail passenger service, would have to be open to the public on the weekends and other times outside weekday commuting hours during a special event.
Special events would include spectacular sporting events, trade shows, expositions, concerts and other public events in the state.
"When the public cannot easily access public transit on the weekends when big events are taking place at the Meadowlands, the rail station is underutilized, wasting the extensive monetary investment made in the facility," Wagner said. "We should be doing all we can to promote mass transit use in this state, and this bill is a common sense step forward."
The bill was released by the Assembly Transportation, Public Works and Independent Authorities Committee for consideration.
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