Bill > S2578

Introduced Session

This bill provides that the crime of providing false reports to law enforcement authorities would constitute bias intimidation under certain circumstances. Pursuant to N.J.S.2C:16-1, a person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an enumerated offense under certain circumstances. The enumerated offenses are those set out in chapters 11 through 18 of Title 2C as well as N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4, and N.J.S.2C:39-5. Among other provisions, the statute provides that the person will be guilty of bias intimidation if he committed an enumerated offense (1) with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or (2) knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. The offenses found in chapters 11 through 18 of Title 2C include, but are not limited to, terroristic threats, assault, murder, and arson. The crimes specifically listed are N.J.S.2C:33-4, harassment; N.J.S.2C:39-3, prohibited weapons and devices; N.J.S.2C:39-4, possession of weapons for an unlawful purpose; and N.J.S.2C:39-5, unlawful possession of weapons. Bias intimidation is a crime of the fourth degree if the underlying offense is a disorderly persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a crime graded one degree higher than the most serious underlying crime, except that in cases in which the underlying crime is of the first degree, bias intimidation is a crime of the first degree and the defendant upon conviction may be sentenced to an ordinary term of imprisonment between 15 and 30 years. This bill would expand the list of underlying offenses constituting bias intimidation to include false reports to law enforcement authorities (N.J.S.2C:28-4). Under subsection a. of N.J.S.2C:28-4, Falsely Incriminating Another, a person is guilty of a crime of the third degree if he knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another. It is a crime of the second degree if the false information would implicate the person in a crime of the first or second degree. Under subsection b. of N.J.S.2C:28-4, Fictitious Reports, a person commits a crime of the fourth degree if he: (1) reports or causes to be reported to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or (2) pretends to furnish or causes to be furnished such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident. A crime of the fourth degree is punishable by up to 18 months' imprisonment, a fine up to $10,000, or both; a crime of the third degree, by a term of imprisonment of three to five years, a fine of up to $15,000, or both; a crime of the second degree, by a term of imprisonment of five to 10 years or a fine up to $150,000, or both; and a crime of the first degree, by a term of imprisonment of 10 to 20 years or a fine of up to $200,000, or both.

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Troy Singleton (D)*,  Shirley Turner (D)*, 

Combined with S2635 (SCS) (on 07/28/2020)