Bill > S590

Introduced Session

This bill makes using a defaced or stolen firearm in causing serious bodily injury or bodily injury to a law enforcement officer a crime. This new law, to be known as "MarcAnthony's Law," in honor of slain Jersey City Detective MarcAnthony DiNardo, would make it a crime of the first degree to use a defaced or stolen firearm to cause serious bodily injury to a law enforcement officer and a crime of the second degree to use a defaced or stolen firearm to cause bodily injury to a law enforcement officer. In addition, the bill provides that anyone convicted of this crime would be subject to the provisions of the "No Early Release Act" (P.L.1997, c.117; C.2C:43-7.1 et seq.) which requires that a violator must serve at least 85% of the sentence imposed by the court before being eligible for parole. Since a crime of the first degree is punishable by a term of imprisonment between 10 and 20 years, this provision means that a person convicted of this crime would serve a mandatory minimum sentence of between eight and one-half and 16 years before being eligible for parole. A person convicted of using a defaced or stolen firearm to cause bodily injury to a law enforcement officer would serve a mandatory minimum sentence of between four and one-quarter and eight and one-half years before being eligible for parole, since a crime of the second degree is punishable by a term of imprisonment between five and 10 years. Further, the bill increases the penalties for defacing a firearm and for acquiring or possessing a defaced firearm. The penalty for defacing a firearm is upgraded from a crime of the third degree to a crime of the second degree, which is punishable for a term of imprisonment between five and 10 years; a fine of not more than $150,000; or both. The penalty for acquiring or possessing a defaced firearm is upgraded from a crime of the fourth degree to a crime of the third degree, which is punishable for a term of imprisonment between three and five years; a fine of not more than $15,000; or both.

AI Summary

Committee Categories

Sandra Cunningham (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/12/2016)