Bill > S652

Introduced Session

In light of the exponentially greater risk of injury and damage caused by crowd-based destructive behavior, this omnibus bill addresses certain crimes committed during the course of riot or crowd-based behavior. Presently, under N.J.S.A.2C:33-1, a person is guilty of riot if he participates with four or more others in a course of disorderly conduct with an unlawful purpose, enumerated in the statute. This bill amends N.J.S.A.2C:33-1 to expand the categories of unlawful purposes to include when the actor, with six or more others, causes damage to property or injury to another. Riot under these circumstances is a crime of the fourth degree punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. The bill amends N.J.S.A.2C:33-2, Disorderly Conduct, which currently provides that a person commits a petty disorderly persons offense if he commits certain prohibited acts. This bill creates a new subsection c. to provide that a person commits a crime of the fourth degree if, during a riot, he engages in disorderly conduct in a place of public accommodation, resort or amusement. Under the bill, "Place of public accommodation, resort or amusement" includes any inn, tavern, road house or hotel, whether for entertainment of transient guests or accommodation of those seeking health, recreation or rest; any restaurant, eating house, or place where food is sold for consumption on the premises; any place maintained for sale of ice cream, ice and fruit preparations or their derivatives, soda water or confections, or where any beverages of any kind are retailed for consumption on the premises; any garage, any public conveyance operated on land or water, and stations and terminals thereof; any public bathhouse, public boardwalk, public seashore accommodation; any theater, or other place of public amusement, motion-picture house, airdrome, music hall, roof garden, skating rink, amusement and recreation park, fair, bowling alley, gymnasium, shooting gallery, billiard and pool parlor; any dispensary, clinic, hospital, public library, kindergarten, primary and secondary school, high school, academy, college and university, or any educational institution under the supervision of the regents of the State of New Jersey. Under these circumstances, the offense is a crime of the fourth degree. The bill amends N.J.S.A.2C:33-7, Obstructing highways and other public passages, to elevate the offense to a crime of the fourth degree if a person, who, having no legal privilege to do so, purposely or recklessly obstructs any highway or other public passage in the course of committing riot or disorderly conduct. The bill amends N.J.S.2C:33-9, Desecration of venerated objects, to elevate the offense to a crime of the fourth degree if the desecration occurs during a riot. The term desecrate is clarified to include conduct such as actual destruction or the toppling of a monument. The bill amends N.J.S.2C:12-1, Assault. Currently, the statute enumerates the circumstances when aggravated assault occurs; this bill adds the additional circumstance. Under the bill, a person is guilty of aggravated assault if he attempts to cause or purposely, knowingly or recklessly causes bodily injury to another in the course of a riot. Aggravated assault under this circumstance is a crime of the third degree, punishable by three to five years imprisonment, a fine of up to $15,000, or both. Additionally, paragraph (5) of subsection b. of N.J.S.A.2C:12-1 elevates simple assault to aggravated assault when committed against certain categories of persons, including when committed against a law enforcement officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of authority or because of the officer's status as a law enforcement officer, and is graded as a crime of the third degree. Under the bill, if, in the course of a riot, an object is thrown at a law enforcement officer, or if the law enforcement officer is struck, whether or not with an object, the presumption of non-imprisonment for a first offense of a crime of the third degree shall not apply, and a mandatory period of six months imprisonment shall apply. The bill creates the new crime of promotion of violent, disorderly assembly. A person promotes violent, disorderly assembly if he conspires with others as an organizer, supervisor, financier or manager to commit any crime specified in chapters 11 through 18, 20, 33, 35, or 37 of Title 2C of the New Jersey Statutes; N.J.S.2C:34-1; N.J.S.2C:39-3; N.J.S.2C:39-4; section 1 of P.L.1998, c.26 (C.2C:39-4.1); N.J.S.2C:39-5; or N.J.S.2C:39-9 in the course of a riot or at the site of a peaceable assembly. Promotion of violent, disorderly assembly is a crime of one degree higher than the most serious underlying crime referred to in subsection a. of this section, except that where the underlying offense is a crime of the first degree, promotion of violent, disorderly assembly is a first degree crime and the defendant, upon conviction, and notwithstanding the provisions of paragraph (1) of subsection a of N.J.S.2C:43-6, shall be sentenced to an ordinary term of imprisonment between 15 and 30 years. This bill is based upon a legislation concept entitled, "Combatting Violence, Disorder and Looting and Law Enforcement Protection Act," articulated in the media concerning an announcement made by Florida Governor Ron DeSantis.

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Joe Pennacchio (R)*,  Bob Singer (R)*,  Jim Holzapfel (R), 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

Official Document