Bill > S62

Introduced Session

Under current law, purposely or knowingly damaging tangible property of another constitutes criminal mischief. This bill would upgrade the offense of criminal mischief if a person damages or impairs the operation of a school bus in the presence of a child under age 16. Pursuant to N.J.S.2C:17-3, criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000 or more. It is a crime of the fourth degree if the pecuniary loss is in excess of $500 but less than $2,000, and a disorderly persons offense if the pecuniary loss is $500 or less. In addition, the statute provides that certain types of criminal mischief constitute crimes of the third or fourth degree, regardless of pecuniary loss. A crime of the third degree is punishable by a term of imprisonment of three to five years or a fine up to $15,000, or both; a crime of the fourth degree, by a term up to 18 months or a fine up to $10,000, or both; and a disorderly persons offense, by a term of imprisonment of up to six months or a fine of up to $1,000, or both. This bill provides that criminal mischief would be a crime of the fourth degree if the actor damages or impairs the operation of a school bus in the presence of a child under 16 years of age. It would be a crime of the third degree if the damage or impairment of operation of a school bus causes bodily injury to a child under 16 years of age. The bill provides that the term "school bus" has the meaning set forth in R.S.39:1-1: "every motor vehicle operated by, or under contract with, a public or governmental agency, or religious or other charitable organization or corporation, or privately operated for the transportation of children to or from school for secular or religious education, which complies with the regulations of the New Jersey Motor Vehicle Commission affecting school buses."

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Bob Singer (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/14/2020)