New JerseyS2652220th Legislature (2024-2025)SenateWALLET

Revises statutory terms pertaining to sexual exploitation or abuse of children.

Sponsored By: Linda R. Greenstein (Democratic), Angela V. McKnight (Democratic), Carol A. Murphy (Democratic), Ellen J. Park (Democratic), Benjie E. Wimberly (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 4 costs, 2 mixed.

Child exploitation convictions cannot be expunged

People convicted of listed child sexual abuse or exploitation offenses cannot have those convictions expunged. Covered crimes include making the material, causing or permitting a child’s prohibited sexual act, and distributing the material. Possession with intent to distribute, possession, and viewing offenses are also covered. These convictions remain on the person’s record.

Child-crime records bar foster and adoptive parents

A person cannot become a resource family parent or adopt if they have ever been convicted of a covered crime against a child. Resource families include foster families. The same bar applies if an adult living in the applicant’s home has such a conviction. Covered crimes include child sexual abuse or exploitation material offenses.

Child-serving workers face stricter conviction rules

Listed convictions can bar employment at approved agencies and permanently bar work at, or management of, covered facilities. These include child exploitation and other specified serious crimes; facility rules also cover equivalent out-of-state convictions. Current staff with listed convictions generally must be terminated, and facility workers must have a chance to challenge inaccurate records. Continued employment requires Department approval, a conviction unrelated to crimes against children, no adverse link to the job, and proven rehabilitation. The employer must document child-safety safeguards, needed contact or supervision limits, and the worker’s unique qualifications.

Child care providers face stricter checks

Child care center workers, owners, and sponsors face permanent disqualification for listed convictions, sex-offender registration, check refusal, or knowing material falsehoods. Family day care registration must be denied, not renewed, or revoked when a provider or another covered person meets these grounds. Covered convictions include child exploitation offenses and equivalent out-of-state crimes; specified drug crimes count when committed within the preceding five years. Center applicants and workers must have a chance to challenge inaccurate disqualifying records. Family day care providers must also have that chance before a conviction-based application denial.

Child protection referrals follow covered convictions

Courts must refer covered child exploitation cases to New Jersey’s Division of Child Protection and Permanency. The convicted person must live with minor children or be a parent of a minor child. The victim must have been under 18 during the crime or fall within another victim category specified by law. Courts must send identifying and criminal-history information so the agency can review child-safety concerns.

Network leaders face registration and supervision

Covered network leaders must register as sex offenders, including qualifying juvenile cases, insanity acquittals, and cases involving ongoing custody or supervision. On a prosecutor’s request, courts must add lifetime parole supervision for leading or attempting to lead a network. Courts can decline only after recording that supervision is unnecessary to protect the community or deter crime. Judges must order psychological exams for these convictions or attempts, except when sentencing someone to life without parole. A person who commits the network-leader crime during lifetime supervision must serve a full extended prison term before supervision resumes.

New penalties for child exploitation networks

New Jersey defines child sexual abuse or exploitation material to cover images and recordings involving children under 18. It includes prohibited sexual acts and sexually suggestive depictions that meet the law’s standards. Knowingly organizing or helping run a network that shares this material is a separate crime. The offense is third degree below 1,000 items, second degree for 1,000–99,999, and first degree for 100,000 or more.

Sponsors & Cosponsors

Sponsors

  • Linda R. Greenstein

    Democratic • Senate

  • Angela V. McKnight

    Democratic • Senate

  • Carol A. Murphy

    Democratic • House

  • Ellen J. Park

    Democratic • House

  • Benjie E. Wimberly

    Democratic • Senate

Cosponsors

  • Robert Auth

    Republican • House

  • Linda S. Carter

    Democratic • House

  • Margie Donlon M.D.

    Democratic • House

  • Aura K. Dunn

    Republican • House

  • Victoria A. Flynn

    Republican • House

  • Shama A. Haider

    Democratic • House

  • Hall, Garnet R.

    Affiliation unavailable

  • Paul Kanitra

    Republican • House

  • Lampitt, Pamela R.

    Affiliation unavailable

  • Matsikoudis, Michele

    Affiliation unavailable

  • McCann Stamato, Barbara

    Affiliation unavailable

  • Luanne M. Peterpaul Esq.

    Democratic • House

  • Ramirez, Jessica

    Affiliation unavailable

  • Verlina Reynolds-Jackson

    Democratic • House

  • M. Teresa Ruiz

    Democratic • Senate

  • William B. Sampson IV

    Democratic • House

  • Shanique Speight

    Democratic • House

  • Sumter, Shavonda E.

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 113 • No: 0

House vote • 9/26/2024

3RDG FINAL PASSAGE

Yes: 76 • No: 0

Senate vote • 5/20/2024

3RDG FINAL PASSAGE

Yes: 37 • No: 0

Actions Timeline

  1. Approved by Governor — P.L.2024, c.92.

    11/18/2024Governor
  2. Passed Assembly, PBH — (76-0-0)

    9/26/2024House
  3. Substituted for A3539

    9/26/2024House
  4. Reported, 2nd Reading in Assembly

    6/13/2024House
  5. Received in Assembly, Referred to Assembly Children, Families and Food Security Committee

    5/20/2024House
  6. Passed Senate — (37-0)

    5/20/2024Senate
  7. Reported, 2nd Reading in Senate

    3/7/2024Senate
  8. Introduced, 1st Reading in Senate, Referred to Senate Law and Public Safety Committee

    2/12/2024Senate

Bill Text

  • Version PL2024

    1/15/2025

  • Version AL2024

    12/10/2024

  • As Introduced

    9/27/2024

  • Assembly Children, Families and Food Security Substitute (6/13/24)

    6/14/2024

  • Senate Law and Public Safety Substitute (3/7/24)

    3/8/2024

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