With the Assembly passage of Bill A5155 today, New Jersey is one step closer to ensuring quicker collection of digital evidence in investigations of domestic violence and stalking cases. The legislation would amend the New Jersey Wiretapping and Electronic Surveillance Control Act to require expedited compliance with certain search warrants for information in these types of cases. Assemblywomen Marisa Sweeney, Heather Simmons, and Luanne Peterpaul sponsored the bill.
| “For victims of domestic violence and stalking, every day spent waiting for information can feel like an eternity,” said Assemblywoman Sweeney (D-Morris, Passaic). “We know that sometimes the most critical evidence is stored online, and when investigators can’t get to that information quickly, it can slow down the efforts in place to protect victims and stop abuse before it escalates even more.” Under the bill, when served with certain search warrants related to domestic violence, stalking, or violations of protective orders, social media platform providers would be required to respond within 72 hours. All other communications providers would be required to respond within five business days. To ensure these requests receive prompt attention, qualifying warrants would be required to clearly state “Immediate Response Required,” helping law enforcement more effectively investigate cases and better protect victims from ongoing harm. “Technology has transformed the way people communicate, but unfortunately it has also changed the way some people intimidate, harass, and stalk their victims,” said Assemblywoman Simmons (D-Cumberland, Gloucester, Salem). “When investigators need access to digital evidence that could help protect someone from harm, unnecessary delays have serious consequences. This bill recognizes that urgency and ensures such lifesaving information can be collected without additional delays.” “Domestic violence survivors and stalking victims need a justice system that can keep up with the digital age,” said Assemblywoman Peterpaul (D-Monmouth). “While digitization has changed the way crimes are committed, it must also change the way they are investigated. This bill helps ensure the collection of critical evidence more efficiently, protecting survivors from further harm, moving our system a step in the right direction.” The bill is modeled after Oregon’s “Kristil’s Law,” which was enacted after a Colorado woman endured months of stalking, harassment, and digital impersonation before being murdered by her husband. |