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Bill > S3706


NJ S3706

NJ S3706
Establishes presumption of knowledge that display of noose or Nazi or Confederate symbol would cause bias intimidation; enhances penalties.


summary

Introduced
03/02/2026
In Committee
03/02/2026
Crossed Over
Passed
Dead

Introduced Session

2026-2027 Regular Session

Bill Summary

This bill amends the State bias intimidation statute, N.J.S.A.2C:16-1, to establish a presumption of knowledge that the display of a noose or a Nazi or Confederate symbol would cause bias intimidation. Under current law, bias intimidation occurs if a person commits or attempts to commit certain specified crimes, including, but not limited to, murder, assault, or harassment, either (1) with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or (2) knowing that the conduct constituting the underlying crime would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. Under current law, a jury can infer the defendant's bias intent if there is proof shown that the defendant selected the victim because of the victim's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. Under current law, bias intimidation is charged as a separate crime, and is generally charged one degree higher than that of the underlying crime. Bias intimidation is also subject to certain enhanced penalties, including certain mandatory terms of imprisonment. Under the bill, a jury could also infer the defendant knew that their conduct in committing the underlying crime would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity, where proof is shown that the defendant possessed, used, or displayed an image or physical or visual representation of a noose; any symbol, insignia, emblem, banner, slogan, or flag of the Nazi Party or its purported successor; or any symbol, insignia, emblem, banner, slogan, or flag of the Confederate States of America. Under the bill, a person convicted of bias intimidation while using such symbols would, in addition to existing penalties, also be subject to a sentencing enhancement of an additional $20,000 fine and completion of a course on the history of hate symbols, and, for a second or subsequent offense, an additional six months of parole ineligibility. The bill also adds bias intimidation and official deprivation of civil rights to the list of crimes for which, if committed by a public employee, a conviction will result in pension forfeiture.

AI Summary

This bill amends New Jersey's bias intimidation statute to create a presumption that displaying a noose, Nazi symbol, or Confederate symbol demonstrates knowledge that such an act would cause intimidation based on protected characteristics like race, religion, or gender. Bias intimidation, or "N.J.S.2C:16-1," is a crime committed with the intent to intimidate someone due to these characteristics, or when the perpetrator knows their actions will cause such intimidation. Under this bill, if someone commits a crime while displaying these symbols, a jury can infer they knew their actions would cause intimidation. In addition to existing penalties, those convicted of bias intimidation using these symbols will face a $20,000 fine and must complete a course on the history of hate symbols; repeat offenders will face an additional six months of parole ineligibility. Furthermore, public employees convicted of bias intimidation or official deprivation of civil rights will forfeit their pensions.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 03/02/2026)

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