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Bill > A4522


NJ A4522

NJ A4522
Establishes presumption of knowledge that display of noose or Nazi or Confederate symbol would cause bias intimidation; enhances penalties.


summary

Introduced
03/09/2026
In Committee
03/09/2026
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 strengthens New Jersey's bias intimidation laws by establishing 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.A. 2C:16-1, is a crime committed when someone perpetrates or attempts to perpetrate certain offenses with the intent to intimidate individuals due to these characteristics, or knowing their actions would cause such intimidation. The bill clarifies that if a defendant uses these specific hate symbols during the commission of a bias intimidation offense, a jury can infer that the defendant knew their actions would cause intimidation. In addition to existing penalties, those convicted of bias intimidation while using these symbols will face a $20,000 fine and be required to complete a course on the history of hate symbols; for repeat offenders, this includes an additional six months of parole ineligibility. Furthermore, the bill adds bias intimidation and official deprivation of civil rights to the list of crimes for which public employees convicted will forfeit their pensions.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 03/09/2026)

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