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Bill > A491


NJ A491

NJ A491
Creates the crime of victimization of a senior citizen or a person with a disability.


summary

Introduced
01/14/2020
In Committee
01/14/2020
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill establishes a separate crime of victimization against a senior citizen or a person with a disability, which must be charged and proved as any other crime. Victimization would be graded one degree higher than the offense that was committed. A person would be guilty of victimization if the person commits any crime listed in the bill against a senior citizen or a person with a disability. Upon a conviction, the sentence imposed by the court would not merge with the sentence imposed for the underlying offense. This bill also provides that if the underlying crime for which the person is being sentenced was graded as a crime of the first or second degree, the sentence imposed shall include a term of post-incarceration parole supervision. Under the bill, a "senior citizen" is defined as a person 62 years of age or over. A "person with a disability" is defined as a person who by reason of any pre-existing medically determinable physical or mental impairment is substantially incapable of exercising normal physical or mental power of resistance, and includes, but is not limited to, any person determined disabled pursuant to the federal Social Security Act or any other governmental retirement or benefits program that uses substantially the same criteria for determining eligibility.

AI Summary

This bill establishes a separate crime of "victimization" against a senior citizen (defined as a person 62 years of age or over) or a person with a disability (defined as someone substantially incapable of exercising normal physical or mental power of resistance). Victimization is graded one degree higher than the underlying offense committed, except when the underlying crime is first-degree, in which case victimization is a first-degree crime with a possible sentence of 20 years to life imprisonment. The bill also requires a term of post-incarceration parole supervision if the underlying crime is a first- or second-degree offense.

Committee Categories

Justice

Sponsors (4)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 01/14/2020)

bill text


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