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Bill > S3886


NJ S3886

NJ S3886
Creates crime of victimization of a senior citizen or a person with a disability.


summary

Introduced
11/18/2024
In Committee
11/18/2024
Crossed Over
Passed
Dead

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill establishes a separate crime of victimization against a senior citizen or a person with a disability, which must be charged and proved as any other crime. Victimization would be graded one degree higher than the offense that was committed. A person would be guilty of victimization if the person commits any crime listed in the bill against a senior citizen or a person with a disability. Upon a conviction, the sentence imposed by the court would not merge with the sentence imposed for the underlying offense. This bill also provides that if the underlying crime for which the person is being sentenced was graded as a crime of the first or second degree, the sentence imposed shall include a term of post-incarceration parole supervision. Under the bill, a "senior citizen" is defined as a person 62 years of age or over. A "person with a disability" is defined as a person who by reason of any pre-existing medically determinable physical or mental impairment is substantially incapable of exercising normal physical or mental power of resistance, and includes, but is not limited to, any person determined disabled pursuant to the federal Social Security Act or any other governmental retirement or benefits program that uses substantially the same criteria for determining eligibility.

AI Summary

This bill creates a new criminal offense called "victimization of a senior citizen or a person with a disability" which applies when someone commits, attempts, conspires to commit, or threatens to commit certain criminal offenses against individuals who are 62 years or older or have a significant physical or mental impairment that substantially limits their ability to resist. The bill increases the severity of the punishment by grading the victimization offense one degree higher than the underlying crime (for example, a third-degree crime would become a second-degree crime). For first-degree crimes, the victimization charge would remain a first-degree crime but allows for a longer potential sentence of 20 years to life, with a presumptive term of 50 years. Additionally, the bill mandates post-incarceration parole supervision of five years for first-degree crimes and three years for second-degree crimes. Importantly, the bill specifies that the victimization charge cannot be merged with the underlying offense, meaning a person can be sentenced separately for both crimes. The definitions of "senior citizen" and "person with a disability" are specifically detailed to ensure clear application of the law, with the latter including individuals who have impairments that substantially limit their ability to resist and those qualifying for certain disability benefits.

Committee Categories

Justice

Sponsors (3)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 11/18/2024)

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