summary
Introduced
11/18/2024
11/18/2024
In Committee
11/18/2024
11/18/2024
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill would upgrade the offense of assault in situations where the victim is disabled. Under the bill, a person who causes bodily injury to a person with a disability would be guilty of a crime of the third degree and would be sentenced to a mandatory term of imprisonment of three years. Under the bill, a "person with a disability" means a person who by reason of a 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, a 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. This bill was prompted by the brutal assault and mugging of Joey Damiano, a Trenton man with an intellectual disability, in May 2006. According to Trenton police, Joey was beaten and blinded in one eye by an unknown assailant, or group of assailants, as he was taking his daily walk on Washington Street and Roebling Avenue in the Chambersburg section of Trenton.
AI Summary
This bill upgrades the assault offense when the victim is a person with a disability by adding a new provision to New Jersey's assault statute. Specifically, the bill defines a "person with a disability" as someone who, due to a pre-existing physical or mental impairment, is substantially unable to exercise normal physical or mental resistance. This definition includes individuals determined disabled under the Social Security Act or similar governmental benefit programs. Under the new provision, causing bodily injury to a person with a disability would be classified as aggravated assault, which is a third-degree crime. The bill mandates a minimum three-year imprisonment term for individuals convicted under this provision, during which the convicted person would be ineligible for parole. The legislation was prompted by a specific incident in Trenton involving Joey Damiano, a man with an intellectual disability who was brutally assaulted in May 2006, which highlighted the need for enhanced legal protection for vulnerable individuals with disabilities.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Judiciary Committee (on 11/18/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/S3885 |
| BillText | https://pub.njleg.gov/Bills/2024/S4000/3885_I1.HTM |
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