N.J.S.A. 2C:25-23.1 — Domestic violence victim, legal representative to be provided law enforcement records copies, relating to alleged acts, no cost; circumstances, timeline, alternatives.

2C:25-23.1 Domestic violence victim, legal representative to be provided law enforcement records copies, relating to alleged acts, no cost; circumstances, timeline, alternatives. 1. a. In addition to any rights to access records provided pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act, or the Rules of Court, within 10 calendar days of the request of a victim of domestic violence or the victim's legal representative, a law enforcement agency with primary responsibility for investigating a complaint filed pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) shall provide at no cost to the victim or victim's legal representative copies of law enforcement records enumerated in this section relating to the alleged act of domestic violence. If release of the records would jeopardize an ongoing criminal investigation or the safety of any person, the records shall either be redacted such that release to the victim would not jeopardize an ongoing criminal investigation or the safety of any person, or released pursuant to a protective order issued pursuant to subsection b. of this section. Except as otherwise provided in this section, if the law enforcement agency is unable to produce a copy of a requested record within the 10-day-period, a copy of the record shall be provided to the victim or victim's representative within 24 hours after the record becomes available. The record shall be provided electronically or in hard copy paper form, in accordance with the request of the victim or victim's representative. The records shall be certified pursuant to New Jersey Rules of Evidence as the law enforcement agency's business records. A request may be made for a copy of any of the following records related to the alleged act of domestic violence which is the subject of a complaint filed pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an act of domestic violence relating to a previous complaint filed pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) involving both parties: (1) photographs taken by a law enforcement officer; (2) law enforcement officer body worn camera or dashboard camera footage; (3) 9-1-1 transcript or recording; and (4) contents of the police report, as deemed appropriate by the law enforcement agency. If the law enforcement agency is unable to produce a copy of a requested record within the 10-day-period, and the court does not reschedule the hearing to be conducted pursuant to section 13 of P.L.1991, c.261 (C.2C:25-29), upon the request of the victim, the law enforcement agency shall make at least one of the officers primarily responsible for investigating the complaint available for the hearing. The law enforcement agency may request additional time from the court to redact the documents by submitting a written request to the court with notice to the victim or victim's legal representative. The court shall approve the written request without a hearing or additional proceedings, unless good cause exists to deny the additional time requested. If granted additional time by the court, the law enforcement agency shall provide a copy of the records to the victim or victim's legal representative within 24 hours after the record becomes available. b. The Family Part of the Chancery Division of the Superior Court shall have jurisdiction to enforce the victim or victim's legal representative's request for copies of law enforcement records pursuant to this section and to issue such protective orders as may be appropriate to set forth terms and conditions authorizing or limiting disclosure or use to the extent warranted. Dissemination of copies of law enforcement records in violation of a protective order issued pursuant to this subsection may be subject to prosecution for harassment pursuant to N.J.S.2C:33-4; cyber-harassment pursuant to section 1 of P.L.2013, c.272 (C.2C:33-4.1); invasion of privacy pursuant to N.J.S.2C:14-9; or any other applicable criminal law. c. A victim of domestic violence who is seeking to access law enforcement agency records, but who is not seeking other relief in the Family Part of the Chancery Division of the Superior Court, may enforce their right of access pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) on an expedited basis. The victim shall not be required to complete a formal open public records act request form to access the records. L.2023, c.322, s.1.

This is the verbatim text of N.J.S.A. 2C:25-23.1, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.