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Bill > S397


NJ S397

NJ S397
Temporarily upgrades certain offenses against persons during Public Health Emergency and State of Emergency declared by Governor's Executive Order 103 of 2020 concerning coronavirus pandemic.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill would temporarily upgrade certain offenses against persons during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic. Specifically, all crimes, disorderly persons offenses, and petty disorderly persons offenses appearing in the following chapters of the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, would be upgraded: (1) chapter 11, Criminal Homicide; (2) chapter 12, Assault; Reckless Endangering; Threats; (3) chapter 13, Kidnapping and Related Offenses: Coercion; (4) chapter 14, Sexual Offenses; and (5) chapter 15, Robbery. During the declared emergency, a petty disorderly persons offense would constitute a disorderly persons offense, and the latter would constitute a crime of the fourth degree. A crime of the fourth, third, or second degree would be classified one degree higher. A crime of the first degree would remain so, but a person convicted for that degree of crime would be sentenced to a term of imprisonment that would include a mandatory minimum term of one-third to one-half of the sentence imposed, during which time the person would not be eligible for parole, unless a greater mandatory minimum with parole ineligibility for that particular crime was set forth in the "New Jersey Code of Criminal Justice," in which case that greater sentence would apply. Concerning the sentencing for crimes, and disorderly persons and petty disorderly persons offenses, the ordinary sentences are: -Petty disorderly persons offense: term of imprisonment of up to 30 days, fine of up to $500, or both; -Disorderly persons offense: term of imprisonment of up to six months, fine of up to $1,000, or both; -Fourth degree crime: term of imprisonment up to 18 months, fine of up to $10,000, or both; -Third degree crime: term of imprisonment of three to five years, fine of up to $15,000, or both; -Second degree crime: term of imprisonment of five to 10 years, fine of up to $150,000, or both; and -First degree crime: term of imprisonment of 10 to 20 years, fine of up to $200,000, or both.

AI Summary

This bill would temporarily upgrade certain offenses against persons during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus pandemic. Specifically, all crimes, disorderly persons offenses, and petty disorderly persons offenses in chapters 11 (Criminal Homicide), 12 (Assault; Reckless Endangering; Threats), 13 (Kidnapping and Related Offenses: Coercion), 14 (Sexual Offenses), and 15 (Robbery) of the New Jersey Code of Criminal Justice would be upgraded. During the declared emergency, a petty disorderly persons offense would become a disorderly persons offense, and a disorderly persons offense would become a fourth-degree crime. Crimes would be classified one degree higher, except that first-degree crimes would remain first-degree but with a mandatory minimum term of imprisonment of one-third to one-half of the sentence imposed. This temporary upgrade in offenses and sentencing would expire upon the end of the declared emergency, except for ongoing prosecutions.

Committee Categories

Justice

Sponsors (1)

Last Action

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

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