Summary of Assembly Bill A5342 (NJ 222nd Legislature)
Primary purpose
- Modernize protections for elderly victims of domestic violence (DV) in New Jersey by allowing electronic filing of DV complaints and remote participation in related hearings.
- Create an Office of the Attorney General (AGO) unit focused on preventing elder financial exploitation.
Key provisions and changes
1) Electronic filing and remote hearings for elderly DV victims
- Amends the Prevention of Domestic Violence Act of 1991 (P.L.1991, c.261):
- Section 12: Allows a DV victim who is 65 years or older, has a physical disability, or has impaired ambulatory mobility due to age/illness to file a DV complaint electronically.
- Section 13: Requires that such elderly victims may appear remotely by electronic means at a hearing related to the DV complaint.
- Other filing and ex parte relief procedures for DV remain aligned with existing law, including emergency orders, service rules, and consideration of coercive control factors.
2) Establishment of an elder financial exploitation unit
- Creates in the Office of the Attorney General an “elder financial exploitation prevention unit.”
- Unit responsibilities include:
- Identifying best practices to help financial institutions prevent elder financial exploitation.
- Training management and staff of every financial institution in the State on prevention, detection, and response.
- Providing public education and distributing materials to seniors (65+), caregivers, and the public on warning signs and prevention steps.
- Establishing a mandatory training program for financial institutions and certifying completion with a certificate to trainees.
- Periodically assessing and updating the training program.
3) Definition of “financial institution”
- Broad definition covering depository institutions, credit unions, and related affiliated parties, as well as insurance and similar entities authorized to do business in New Jersey.
4) Implementation and administration
- The Attorney General is directed to adopt rules under the Administrative Procedure Act to effectuate the elder financial exploitation unit’s purposes.
5) Effective date
- The act takes effect immediately upon enactment.
Who is affected
- Elder DV victims (65+, or those with disabilities or limited mobility) who may file DV complaints electronically and attend hearings remotely.
- Judges, clerks, and court staff involved in DV proceedings, who must accommodate electronic filing and remote appearances.
- Financial institutions and their management and staff statewide, which must participate in mandatory elder financial exploitation training and certification.
- The broader public, including seniors and caregivers, who may benefit from expanded education and prevention resources.
Procedural and timeline aspects
- Immediate effect: The act states it takes effect immediately.
- Court procedures: Addresses filing, service, and hearing timelines consistent with existing DV processes, with added remote accessibility for eligible elderly victims.
- AGO rules: The Supreme Court may promulgate related rules; the AGO will implement the elder financial exploitation unit’s programs subject to rulemaking.
This bill aims to enhance safety and accessibility for older DV victims while strengthening safeguards against elder financial exploitation through institutional training and public education.