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Bill > A3140


NJ A3140

NJ A3140
Establishes a 500 foot drug free zone around child care centers.


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

Under current law, it is a crime of the third degree for any person to distribute, dispense, or possess with the intent to distribute a controlled dangerous substance while on, or within 1,000 feet of, an elementary or secondary school, school board, or school bus. In a recent case, State v. Shelle the New Jersey Supreme Court decided that child care centers, even those that operate small kindergarten classes, are not considered schools for the purposes of the existing drug free school zone law. This bill would expand drug free school zones to include property owned or leased by licensed child care centers and the 500 feet surrounding such a child care center. Child care centers include day care centers, drop-in centers, nighttime centers, recreation centers, day nurseries, nursery and play schools, cooperative child centers, centers for children with special needs, centers serving sick children, infant-toddler programs, school age child care programs, employer supported centers, and kindergartens that are not an integral part of a private educational institution.

AI Summary

This bill expands the existing "drug-free school zone" law to include property owned or leased by licensed child care centers and the 500 feet surrounding such centers. Currently, the law prohibits the distribution, dispensing, or possession with intent to distribute a controlled dangerous substance within 1,000 feet of an elementary or secondary school. The New Jersey Supreme Court recently ruled that child care centers are not considered "schools" under this law. This bill aims to close that loophole by including child care centers, such as day care centers, nurseries, and kindergartens not part of private schools, within the drug-free zone. The bill also allows for some judicial discretion in sentencing, but maintains the presumption of imprisonment for these offenses.

Committee Categories

Education

Sponsors (1)

Last Action

Introduced, Referred to Assembly Children, Families and Food Security Committee (on 01/09/2024)

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