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S 4766

Relates to creating a tax deduction for certain capital gains

2025 Regular Session Introduced by Jamaal Bailey

Expands New Jersey crime victims' rights to permit direct, in-person impact statements to the sentencing court and the defendant, boosting victims' participation in proceedings.

REFERRED TO BUDGET AND REVENUE
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Bill Summary · S 4766

S 4766 — Summary

Note: The bill’s title in the record suggests a tax deduction for capital gains, but the introduced text provided here concerns crime victims’ rights. The substantive content below focuses on the introduced provisions related to crime victims’ rights.

Overview

  • Bill: S 4766
  • Introduced: October 27, 2025
  • Status: Referred to Budget and Revenue; also noted as referred to Senate Law and Public Safety (Legislative actions show initial referrals in Feb 2025 and the introduced date in Oct 2025)
  • Primary sponsors: Senator Michael L. Testa and Senator Jamaal Bailey
  • Related bills (prior sessions): S 6522, S 3810, S 2327

Purpose and intent

The introduced version of S 4766 proposes to amend existing New Jersey law to clarify and expand crime victims’ rights within the criminal justice process. The core aim is to ensure crime victims and witnesses are informed, treated with dignity, protected from intimidation, and afforded meaningful opportunities to participate in court proceedings — including enhanced opportunities to convey the impact of the crime directly to the court and to the defendant.

Key provisions (highlights)

The bill would amend Section 3 of P.L.1985, c.249 (C.52:4B-36) to reaffirm and expand victims’ rights. Major elements include:

  • Right to direct, in-person impact statements to the defendant:

    • Before sentencing, victims may provide an in-person statement directly to the sentencing court regarding the impact of the crime.
    • In addition, victims may directly address the defendant at any trial, hearing, or proceeding where a victim impact statement is given, unless the court determines the defendant cannot attend due to physical incapacity, injury, or illness.
    • This in-person statement supplements existing opportunities to provide impact statements for the presentence report.

  • Broad rights retained and clarified (categories included in the existing framework, with continued emphasis on):

    • Dignity and respectful treatment by the criminal justice system.
    • Timely information about the process and case progress.
    • Protection from intimidation or harassment related to involvement in the criminal justice process.
    • Availability of reasonable communication (e.g., telephone access).
    • Access to medical assistance and related supports.
    • Notification of court proceedings and adjournments when practicable.
    • Information about remedies, financial assistance, and social services.
    • Compensation for losses where possible.
    • Secure waiting areas during proceedings.
    • Consultation with prosecutors prior to plea negotiations, with prosecutors required to inform the court of such consultation and the victim’s position.
    • The right to be present at judicial proceedings.
    • Notification of the defendant’s release or escape.
    • Standing to file motions to enforce rights and to receive adjudicative court decisions on such motions.

  • Procedural specifics:

    • Victims may submit a written impact statement to influence prosecutor decisions regarding charges, pre-trial programs, or negotiated pleas (subject to prosecutorial discretion).

Effective date

  • The act is stated to take effect immediately upon enactment.

Affected parties

  • Primary: crime victims and witnesses in New Jersey.
  • Other stakeholders: prosecutors, judges, court staff, and defense defendants who participate in proceedings where victim impact statements are allowed.

Procedural and timeline notes

  • Legislative actions show initial referrals to Budget and Revenue and Law and Public Safety committees, with the introduced date in late October 2025.
  • The record lists related bills from prior sessions, suggesting ongoing interest in victim rights and participation in the criminal justice process.

Potential impact

  • Enhanced opportunities for victims to convey the personal impact of crimes directly to the court and to the defendant.
  • Clarified expectations around victim participation and information sharing.
  • Possible procedural implications for court hearings and sentencing, including scheduling and the management of in-person victim statements.
  • Greater alignment of victim rights with contemporary practices for victim engagement and support.

If you’d like, I can create a side-by-side comparison with current law to illustrate exact changes, or draft a one-page briefing for policymakers.

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

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