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Bill > A5023


NJ A5023

NJ A5023
Establishes penalty for withholding identification to hinder apprehension or prosecution.


summary

Introduced
11/14/2024
In Committee
11/14/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill provides that, in certain circumstances, a person is guilty of hindering apprehension or prosecution by withholding or refusing to give valid identification or identifying information. Under current law, a person hinders the person's own apprehension, investigation, prosecution, conviction, or punishment for a motor vehicle or insurance fraud offense by: (1) suppressing evidence; (2) preventing or obstructing another person from acting in a way to discover, apprehend, or bring charges against the person; (3) preventing or obstructing witnesses or informants from testifying; or (4) giving false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor. The bill provides that a person also hinders the person's own apprehension or prosecution if, upon arrest and having been requested to do so by a law enforcement officer, the person withholds or refuses to provide valid identification or the person's true identity in order to purposely hinder the apprehension or prosecution. Under the bill, a person would be subject to the same penalties as a person who gives false information. Current law provides that giving false information to hinder one's own apprehension or prosecution for a motor vehicle or insurance fraud violation is:· a crime of the third degree if the conduct which the actor has been charged or is liable to be charged with constitutes a crime of the first or second degree;· a crime of the fourth degree if the conduct constitutes a crime of the third degree; or· a disorderly persons offense. A third degree crime is punishable by three to five years imprisonment, a fine of up to $15,000, or both. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. A disorderly persons offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both.

AI Summary

This bill modifies New Jersey's existing law on hindering apprehension or prosecution by adding a new provision that makes it a criminal offense for a person to withhold or refuse to provide valid identification or their true identity to a law enforcement officer upon or after arrest. The bill updates the existing statute by replacing gender-specific language with gender-neutral terms and expanding the ways a person can be charged with hindering their own apprehension or prosecution. The penalties for this new offense will align with existing penalties for giving false information, which vary depending on the severity of the underlying offense: a third-degree crime (punishable by 3-5 years in prison and up to a $15,000 fine) if the underlying offense is a first or second-degree crime, a fourth-degree crime (punishable by up to 18 months in prison and up to a $10,000 fine) if the underlying offense is a third-degree crime, or a disorderly persons offense (punishable by up to six months in prison and up to a $1,000 fine) for less serious offenses. The bill aims to provide law enforcement with an additional tool to ensure proper identification and prevent individuals from obstructing justice by deliberately concealing their identity during an arrest.

Committee Categories

Military Affairs and Security

Sponsors (1)

Last Action

Introduced, Referred to Assembly Public Safety and Preparedness Committee (on 11/14/2024)

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