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  • NJ A244
  • Makes it a crime of the fourth degree for a public servant, during a state of emergency, to use or make disposition of a public resource in an unauthorized manner with purpose to obtain a benefit for himself or another.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill makes it a crime of the fourth degree for a public servant, during a state of emergency, to knowingly use or make disposition of a public resource in an unauthorized manner with purpose to obtain a benefit for himself or another. The term "state of emergency" is defined as a natural or man-made disaster or emergency for which a state of emergency has been declared by the President of the United States or the Governor, or for which a state of emergency has been declared by a municipal emergency management coordinator. The bill also specifies that conviction of the crime established by the bill would constitute an offense involving or touching the public servant's office, position, or employment for the purposes of N.J.S.2C:51-2. Under that statute, a person holding any public office, position or employment, elective or appointive, must forfeit the office, position or employment if he is convicted of "an offense involving or touching such office, position or employment." In addition, such person is also barred from any future public employment. In addition, the bill specifies that it would not preclude or limit the prosecution or conviction of a public servant for any other offense. The sponsor notes that other offenses may also be applicable when a public servant uses a public resource for an unauthorized purpose, including but not limited to corruption of public resources pursuant to P.L.2007, c.158 (C.2C:27-12); theft pursuant to N.J.S.2C:20-3; and official misconduct pursuant to N.J.S.2C:30-2. This bill is intended to create an additional tool for prosecutors in these situations.
Judiciary
Introduced, Referred to Assembly Judiciary Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Judiciary Committee
Date Motion Yea Nay Other
None specified