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Bill

S 2565

Permits victims and witnesses of human trafficking to testify in criminal proceedings via closed circuit television; permits judge to make motion to seek closed circuit testimony.

2026-2027 Regular Session Introduced by Vin Gopal and 4 co-sponsors

Expands closed circuit testimony so victims and witnesses of human trafficking can testify remotely to reduce trauma, with strict conditions and confidentiality safeguards.

Referred to Senate Budget and Appropriations Committee
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WeVote Research Nonpartisan
Bill Summary · S 2565

Overview

S 2565 (New Jersey, 222nd Legislature) expands the use of closed circuit testimony (CCT) to victims and witnesses of human trafficking in criminal proceedings. The bill would allow testimony via closed circuit television beyond current allowances, and it grants additional options for initiating CCT, including by a trial judge on motion.

Purpose and intent

  • To reduce trauma and improve safety for victims and witnesses of human trafficking by allowing them to testify without being physically present in the courtroom.
  • To align protections for trafficking victims with existing provisions for other offenses that already permit CCT under certain conditions.

Key provisions and changes

  • Current law (existing CCT framework) already allows CCT in prosecutions involving sexual offenses, domestic violence, child abuse/neglect, and certain trafficking cases “involving sexual activity.”
  • The bill amends the statute (C.2A:84A-32.4) to:
    • Permit all victims and witnesses of human trafficking (not limited to trafficking involving sexual activity) to testify via closed circuit television at the trial, out of the view of the jury, defendant, or spectators.
    • Require specific conditions for granting CCT, including:
    • The victim/witness must testify under oath.
    • The victim/witness must submit to cross-examination by the defendant’s attorney.
    • The defendant, jury, and judge must observe the demeanor of the witness during testimony via CCT.
    • Require clear-and-convincing evidence that the victim/witness would suffer severe emotional or mental distress if required to testify in the courtroom in the presence of spectators, the defendant, or the jury.
    • Specify whether the witness will testify outside the presence of spectators, the defendant, or the jury, with findings tied to the impact on the individual.
    • Allow motion for CCT to be filed by:
    • The victim or witness (or, if under 18, the guardian/parent or attorney).
    • The prosecutor.
    • The defendant or the defendant’s counsel.
    • The trial judge on the judge’s own motion.
    • Require the defendant’s counsel to be present in the same room as the victim/witness during CCT, with a separate audio system enabling confidential conferencing between defense counsel and defendant.
    • Address record-keeping and confidentiality:
    • If CCT is used, the video portion of the testimony is not recorded as part of the appellate record.
    • Audio portions are recorded (with exceptions for private attorney-client communications).
    • For victims/witnesses aged 18 or older, audio recordings generally become part of the appellate record unless a court orders otherwise for good cause.
    • For victims/witnesses under 18, audio recordings are not part of the appellate record and are confidential unless the court orders disclosure for good cause, with the court considering trauma or stigma in determining availability. A transcript of the audio portion remains part of the appellate record, subject to personal-identity safeguards.
    • Define “closed circuit television” to include any suitable technology that enables live, one-way transmission from the witness to the defendant in a separate location, while ensuring the witness cannot directly hear or view the defendant during the proceedings.
  • Effective date: Immediate upon enactment.

Who would be affected

  • Victims and witnesses of human trafficking in New Jersey criminal prosecutions (broadly defined to include trafficking cases beyond those involving sexual activity).
  • Defense counsel and the defendant (notably given the requirement to be present with the witness in the same room and to have confidential conferencing capability).
  • Prosecutors, judges, and court personnel responsible for implementing and evidencing CCT orders.
  • The public and appellate records environment, due to specific handling of audio/video recordings and transcripts.

Procedural and timeline considerations

  • Motion authority:
    • May be initiated by multiple parties (victim/witness, guardian/attorney for a minor, prosecutor, defendant/defendant’s counsel, or trial judge on motion).
  • Hearing requirement:
    • Initial in-camera hearing to determine suitability for CCT, with findings required to justify the order.
  • Record-keeping:
    • Video portion not part of appellate record; audio portion generally part of appellate record for adults, with confidentiality protections for minors.
    • Transcripts of audio portions are part of the appellate record, with safeguards to protect identifying information.
  • Immediate effect: The bill states it takes effect immediately.

Potential impact

  • Increased safety and reduced trauma for trafficking survivors and witnesses when testifying.
  • Expanded use of CCT beyond existing categories, potentially affecting trial logistics, courtroom dynamics, and defense strategy.
  • Greater scrutiny on emotional/mental health considerations in deciding whether to allow CCT, employing clear-and-convincing evidence.
  • An emphasis on balancing witness protection with the defendant’s rights and the integrity of the evidentiary record.

If you’d like, I can provide a side-by-side comparison with current law or a plain-language summary for non-legal audiences.

Compiled from official sources — confirm details with the bill’s official record.

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