Submitted by New Jersey Criminal Lawyer, Jeffrey Hark
In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts to consider a defendant’s history as a victim of abuse as a mitigating factor in sentencing and provides pathways for resentencing and record expungement.
Description of the Legislation (Survivors Justice Act)
The legislation acknowledges that survivors of abuse, including domestic violence, may become involved in the criminal justice system as a consequence of their trauma. [1]
Key Features:
- New Mitigating Factor: The act creates a 15th mitigating factor in N.J.S.A. 2C:44-1, allowing judges to consider if a defendant’s history as a victim of domestic violence or substantial abuse contributed to their conviction.
- Scope: This factor is applicable to most crimes, with exceptions for murder and offenses requiring Megan’s Law registration.
- Resentencing and Expungement: The law includes provisions for individuals currently incarcerated to apply for reduced sentences and allows for expungement of records for convictions related to the abuse.
- Legal Representation: The Office of the Public Defender is designated to represent eligible individuals seeking resentencing.
Legal Summary
- Statutory Amendment: The core change is the amendment to N.J.S. 2C:44-1, adding the mitigating factor concerning a defendant’s victimization and its contribution to the conviction.
- Judicial Discretion: Courts can consider this factor to potentially impose a reduced sentence, even below mandatory minimums in certain situations.
- Re-sentencing Process: Incarcerated individuals can file a motion for resentencing in the Superior Court where they were convicted, and a hearing is typically held.
- Standard of Proof: The court must determine by a preponderance of the evidence if the abuse contributed to the crime.
- Training and Confidentiality: The law mandates training for judges on trauma and ensures confidentiality for resentencing applications.
This legislation aims to foster a more trauma-informed approach within the justice system, promoting fairer treatment for survivors by considering the context of their actions.