Note: The bill header supplied with the request (regarding school meal nutritional facts) appears to be incorrect. The text of A3173 concerns sexual assault, child abuse/neglect, and related prevention, response, and penalties involving military personnel. The summary below covers the substantive bill language as reported by the Assembly Military and Veterans’ Affairs Committee (ACS A3160/A3173).
A-3173 — Summary (military sexual assault and related protections)
Status: Introduced Jan 9, 2024; reported with committee substitute May 6, 2024; referred to Assembly committees (most recently REFERRED TO EDUCATION 01/23/2025)
Primary sponsor: Asm. Linda Rosenthal
Companion/related: S2750 (companion), A10384 / A3731 / A1373 (prior-session)
Purpose / Intent
To strengthen prevention, victim protections, reporting, and legal remedies for sexual assault, stalking, cyber‑harassment, and child abuse/neglect involving members of the New Jersey National Guard and Reserve components serving in New Jersey. The bill clarifies cross‑jurisdictional application of protective orders, expands definitions (to include stalking and cyber‑harassment), improves coordination with military authorities, and adds administrative/penal measures to improve accountability and victim access to services.
Key provisions
Protective orders for service members
- A service member of the New Jersey National Guard or any U.S. Reserve component serving within the State who is a victim of non‑consensual sexual contact may apply for and obtain a state protective order regardless of where the alleged conduct occurred.
- A military protective order related to non‑consensual sexual contact may be used to initiate a Superior Court protective order application if the military order indicates the victim wishes to pursue a court order.
- Courts must waive residence‑address requirements on applications; protective orders are enforceable statewide.
Expanded covered conduct
- The bill (ACS) expands the kinds of conduct that may be basis for protective orders to include stalking and cyber‑harassment, and provides statutory definitions for those terms (e.g., “stalking,” “cyber‑harassment,” “repeatedly,” “emotional distress”).
Enforcement, penalties, and arrests
- Violation of a state or military protective order constitutes an offense under existing contempt/penalty provisions; law enforcement must arrest when probable cause exists.
- Full‑time civilian criminal investigative officers employed by DCIS, Army CID, NCIS, or Air Force OSI who are authorized to arrest and carry firearms may arrest offenders against state law in certain circumstances while performing official duties (e.g., reasonable belief a 1st–3rd degree crime or military‑related sexual assaults/4th degree crimes are occurring).
Firearms restrictions
- Individuals subject to a domestic violence restraining order (including comparable orders from other jurisdictions or military authorities) are prohibited from obtaining handgun purchase permits or firearms purchaser identification cards.
Victim supports and administrative measures
- Victims (or family members) participating in military legal proceedings involving domestic or sexual violence are entitled to unpaid leave from employment to seek legal assistance and attend/prepare for proceedings.
- The Adjutant General must provide financial assistance to current/former National Guard members who are sexual assault/harassment victims to cover travel expenses for administrative or military justice proceedings.
- Claims to the Victims of Crime Compensation Office for military sexual assault will not be denied solely because the assault was not reported to a superior or law enforcement at the time; the bill lists factors to be considered for eligibility.
Child abuse / DCF coordination
- If DCF accepts a report as a credible allegation of domestic or child abuse/neglect, DCF will collect military status information and share allegation information with appropriate military authorities pursuant to memoranda of understanding with military family advocacy programs.
Jurisdictional provisions
- The State may exercise concurrent jurisdiction with the United States over Department of Defense installations under specified conditions. Upon acceptance/relinquishment of jurisdiction by the Governor, the State may exercise concurrent jurisdiction over ceded lands, including certain matters involving children or juveniles.
Who is affected
- Victims who are members of the NJ National Guard or U.S. Reserve components (expanded access to protective orders and supports)
- Military personnel (subject to additional state enforcement and disciplinary overlap)
- Courts and law enforcement (new filing/filing‑of‑military‑order requirements; expanded arrest authority for certain federal civilian criminal investigators)
- Employers of service members/families (unpaid leave for participation in military legal proceedings)
- Adjutant General / NJ National Guard budget (travel assistance obligations)
- Firearms licensing applicants (restrictions tied to protective orders)
Procedural / timeline notes
- Introduced in the Assembly on Jan 9, 2024; committee substitute reported favorably by the Assembly Military & Veterans’ Affairs Committee on May 6, 2024 with amendments; later referred to additional Assembly committees (actions recorded as of Jan 2025).
- The ACS substantially expands definitions and adds provisions beyond the original introduced version (e.g., stalking/cyber‑harassment, jurisdictional details, victim supports).
Potential impacts
- Strengthens protections and access to civilian courts for military victims of sexual assault who might otherwise be limited by location of incident.
- Improves coordination between civilian agencies (courts, DCF) and military authorities; may increase protective order filings and administrative workload.
- Financial costs to the State/National Guard for travel assistance and administrative implementation.
- Tightens firearms eligibility checks in relation to restraining orders and similar orders from other jurisdictions or military authorities.
For the precise statutory amendments and full text, see the committee substitute (ACS A3160/A3173) as reported 05/06/2024.
