Bill > A1443

Introduced Session

This bill would amend N.J.S.2C:51-2 concerning forfeiture of public office, position or employment upon conviction of certain criminal offenses. Currently under subsection b. of N.J.S.2C:51-2 a court shall enter an order of forfeiture when the defendant is found guilty or pleads guilty in State court, or upon application of a county prosecutor or Attorney General when the criminal offense is based on another state's law or federal law. Currently under subsection d. of N.J.S.2C:51-2 any person convicted of an offense "involving or touching" his public office, position, or employment is forever disqualified from holding any office or position of honor, trust or profit in the State or any of its administrative or political subdivision. This bill would establish a procedure for disqualification in subsection d. similar to the procedure set out in N.J.S.2C:51-2 under subsection b. concerning forfeiture. The bill would require that the court order concerning the disqualification of employment set forth in subsection d. of N.J.S.2C:51-2 be entered at the same time the court enters the order of forfeiture set forth in subsection b. of N.J.S.2C:51-2. However, if the conviction is for an offense under the laws of another state or of the United States, the county prosecutor or the Attorney General would be required to make an application to a Superior Court judge designated by the Chief Justice for a disqualification order. This disqualification order would be deemed to have taken effect on the date the person was found guilty by the trier of fact or pled guilty to the offense. The Administrative Office of the Courts would be required to establish and maintain a central registry of all persons who have had disqualification orders entered pursuant to subsection d of the statute.

Committee Categories

Robert Karabinchak (D)*,  Bob Auth (R),  Clinton Calabrese (D),  Rob Clifton (R),  Wayne DeAngelo (D),  Chris DePhillips (R),  John DiMaio (R),  Greg McGuckin (R),  Nancy Muñoz (R),  Carol Murphy (D),  Erik Peterson (R),  Brian Rumpf (R),  Jay Webber (R), 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document