NJBallot — New Jersey News, Community by Community NJBallot

NJ law sets deadlines to answer domestic violence, stalking warrants

NJ law sets deadlines to answer domestic violence, stalking warrants

Social media platforms get the shortest window, 72 hours, under a law that Gov. Mikie Sherrill signed Thursday. New Jersey modeled it on legislation from Oregon known as Kristil's Law.

When police get a search warrant for records held by a phone, internet or social media company in a New Jersey domestic violence or stalking case, a new state law sets how long the company has to turn them over.

A social media platform now has 72 hours after it is properly served with the warrant. Cellphone carriers, internet providers and every other communications company get five business days. A warrant served on a social media platform at 9 a.m. on a Monday would have to be answered by 9 a.m. Thursday.

Gov. Mikie Sherrill signed the law, A5155, on Thursday, and it took effect the same day. Its sponsors say they modeled it on an Oregon law known as Kristil's Law, enacted earlier this year.

Police across New Jersey reported 70,828 domestic violence incidents in 2023, up 5 percent from 2022, according to the State Police's most recent annual report. The report itself cites advocacy groups that say "only a small portion" of victims go to police, so the real number is probably larger.

The new deadline applies to warrants police could already get

The companies that must answer these warrants include social media platforms, cellphone carriers, internet providers, internet calling services, and email, texting and other messaging companies. Any other phone or electronic communications business that operates in New Jersey must answer them too.

Before police get a warrant, they can ask a company to save its records so they are still there when the warrant is served. Under state law, the company must keep them for 90 days while police wait for a warrant or court order, and a second request adds 90 more. Federal law sets the same hold, renewable once.

A judge issues the warrant only if satisfied there is "probable cause" to issue one, and the New Jersey Constitution requires a sworn statement to back it. The warrant must spell out what police may search and seize.

In order to invoke the new deadlines, whoever asks for one of these warrants must flag the faster rules for the judge when applying. The warrant itself must carry "Immediate Response Required" at the top and again in its text, and it must cite the new law and state how long the company has to turn over the records. The clock starts when the company is served.

Police could already obtain the contents of electronic messages, account records and location data for a customer's cellphone with a search warrant, under the state's Wiretapping and Electronic Surveillance Control Act. The new law amends that act and adds a deadline for answering these warrants.

State law defines which cases count

The deadlines apply only in domestic violence or stalking investigations, including cases over violations of court orders in those matters.

Under state law, stalking means following, watching, threatening or contacting someone two or more times, in person or through any device or other means. It is a crime when someone does this deliberately, in a way that would leave a reasonable person afraid for their safety or emotionally distressed.

The offense is a fourth-degree crime, and a third-degree crime when it violates a court order already in place.

Domestic violence covers certain crimes when the victim is an adult spouse or ex-spouse, a current or former household member, a dating partner, or someone who shares a child with the accused, whatever the victim's age. Those crimes include assault, threats, harassment, stalking, cyber-harassment and violating a domestic violence restraining order.

Among offenses reported in domestic violence cases in 2023, the State Police counted 383 for stalking and 338 for cyber-harassment.

New Jersey modeled its law on Oregon's

Oregon's law, House Bill 4045, is named for Kristil Krug, who was killed in December 2023. She "endured months of stalking, harassment, and digital impersonation before being murdered by her husband," New Jersey's Senate Judiciary Committee wrote.

Oregon Gov. Tina Kotek signed that bill March 31 after both chambers passed it without a dissenting vote, Oregon's legislative records show. Warrants there carry the same "Immediate Response Required" label and the same two deadlines that New Jersey has now adopted.

Sarah Sabri, a senior assistant attorney general in the Oregon Department of Justice, testified for the bill before the Oregon House Judiciary Committee in February. The deadlines "recognize operational capacities of technology companies while acknowledging that domestic violence and stalking crimes must be viewed as high-priority offenses," she said.

Sabri also made a case from fairness. Faster answers to warrants can clear people who are wrongly suspected and make investigations quicker, fuller and more precise, she told the committee.

Statewide groups for Oregon's sheriffs and police chiefs backed it too. "HB 4045 does not expand law enforcement authority or create new investigative powers. Rather, it streamlines access to information that law enforcement already has clear legal authority to obtain through a valid search warrant," Lane County Sheriff Carl Wilkerson told the committee for the two groups.

Krug was from Colorado, which has a different law of its own. It requires social media platforms with at least 1 million monthly users in that state to comply within 72 hours when a Colorado police agency serves a warrant for a user's account information, in a case of any kind. It took effect Aug. 12.

Lawmakers from both parties backed the deadlines

New Jersey Assemblywomen Marisa Sweeney (D, 25th District), Heather Simmons (D, 3rd) and Luanne Peterpaul (D, 11th) sponsored A5155, the bill that became law. Sens. Raj Mukherji (D, 32nd) and Anthony M. Bucco (R, 25th), the Senate Republican leader, sponsored the Senate's identical bill, S4409, and joined A5155 as prime sponsors.

"For victims of domestic violence and stalking, every day spent waiting for information can feel like an eternity," Sweeney said June 1, the day the Assembly Judiciary Committee advanced the bill. "We know that sometimes the most critical evidence is stored online, and when investigators can't get to that information quickly, it can slow down the efforts in place to protect victims and stop abuse before it escalates even more."

The full Assembly passed it 79-0 on June 11. The Senate Judiciary Committee approved it 11-0 on Oct. 15.

On Oct. 22, the Senate took up A5155 in place of S4409 and passed it 39-0.

Simmons made her case for the bill on June 1. "When investigators need access to digital evidence that could help protect someone from harm, unnecessary delays have serious consequences," she said. "This bill recognizes that urgency and ensures such lifesaving information can be collected without additional delays."

Related Articles

NJ Gov. Sherrill signs law letting campaigns use funds for security

Thinking about a ballot selfie Tuesday? What NJ law says, and the bill that would allow it

Sources

Colorado General Assembly, Senate Bill 26-011, "Concerning search warrant requirements for operators of certain electronic platforms," sponsored by Sen. L. Frizell, Sen. D. Roberts, Rep. A. Boesenecker and Rep. J. Caldwell, 2026 Regular Session (approved March 30, 2026)

Colorado Legislative Council Staff, "Final Fiscal Note," SB 26-011 (July 20, 2026)

New Jersey Assembly Democrats, press release, "Sweeney, Simmons Bill to Strengthen Protections for Domestic Violence and Stalking Victims Advances" (June 1, 2026)

New Jersey Legislature, Bill No. A5155, "Requires expedited compliance with certain search warrants in domestic violence and stalking investigations," sponsored by Assemblywoman Marisa Sweeney, Assemblywoman Heather Simmons, Assemblywoman Luanne M. Peterpaul, Senator Raj Mukherji and Senator Anthony M. Bucco, 222nd Legislature (May 28, 2026)

New Jersey Legislature, Bill No. S4409, "Requires expedited compliance with certain search warrants in domestic violence and stalking investigations," sponsored by Senator Raj Mukherji and Senator Anthony M. Bucco, 222nd Legislature (June 4, 2026)

New Jersey Legislature, Bill Nos. A5155 and S4409, bill history, sponsors and committee and floor roll call votes, 222nd Legislature (accessed Nov. 13, 2026)

New Jersey Legislature, Constitution of the State of New Jersey (1947), Article I, paragraph 7 (accessed Nov. 13, 2026)

New Jersey Legislature, New Jersey Statutes, N.J.S.A. 2C:12-10, "Definitions; stalking designated a crime; degrees" (accessed Nov. 13, 2026)

New Jersey Legislature, New Jersey Statutes, Prevention of Domestic Violence Act, N.J.S.A. 2C:25-19, "Definitions" (accessed Nov. 13, 2026)

New Jersey Legislature, Senate Judiciary Committee, "Statement to Assembly, No. 5155," 222nd Legislature (Oct. 15, 2026)

New Jersey Office of the Governor, press release, "Governor Sherrill Signs Legislation" (Nov. 12, 2026)

New Jersey State Police, "Forty-First Annual Domestic Violence Offense Report 2023," report and statewide offense spreadsheet (accessed Nov. 13, 2026)

New Jersey Supreme Court, Rules of Court, R. 3:5-3, "Issuance and Contents" (accessed Nov. 14, 2026)

Oregon Department of Justice, testimony, "Testimony in Support of HB 4045," Sarah Sabri, Senior Assistant Attorney General and Domestic Violence Resource Prosecutor, to the House Committee on Judiciary, 2026 Regular Session (Feb. 9, 2026)

Oregon Legislative Assembly, House Bill 4045, enrolled (HB 4045-A), "Relating to search warrant response time limits; and declaring an emergency," sponsored by Representative Mannix and Senator Prozanski, 2026 Regular Session (March 2, 2026)

Oregon Legislative Policy and Research Office, "Staff Measure Summary," HB 4045 A, House Committee On Judiciary, prepared by Jules Dellinger, 2026 Regular Session (Feb. 11, 2026)

Oregon State Legislature, House Bill 4045, measure history and floor votes, 2026 Regular Session (accessed Nov. 13, 2026)

Oregon State Sheriffs' Association and Oregon Association Chiefs of Police, testimony, "HB 4045 (Dash 2 Amendment) - Testimony in Support," Sheriff Carl Wilkerson, Lane County, to the House Committee on Judiciary, 2026 Regular Session (Feb. 9, 2026)

U.S. Government Publishing Office, United States Code, 2024 Edition, Title 18, Section 2703, "Required disclosure of customer communications or records" (accessed Nov. 13, 2026)

Photo: NJBallot