Bill > A1548

Introduced Session

This bill would make it a crime of the fourth degree to commit assault in connection with an act of domestic violence or in connection with an act of contempt of a domestic violence restraining order. A second or subsequent offense would be a crime of the third degree. Currently, a person is guilty of assault if he attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; negligently causes bodily injury to another with a deadly weapon; or attempts by physical menace to put another in fear of imminent serious bodily injury. Assault is generally a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense. Under the bill, a person would be guilty of the crime of aggravated assault if he attempts to cause or purposely, knowingly or recklessly causes bodily injury to another in the course of committing an act of domestic violence as defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) against that person. A person would also be guilty of the crime of aggravated assault if he attempts to cause or purposely, knowingly or recklessly causes bodily injury to another in the course of committing a violation of subsection b. of N.J.S.2C:29-9, contempt of an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States. The bill provides that aggravated assault under these circumstances would be a crime of the fourth degree. A second or subsequent offense of aggravated assault under these circumstances would be a crime of the third degree. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both; a crime of the fourth degree, by a term of up to 18 months or a fine of up to $10,000, or both; and a crime of the third degree, by a term of three to five years or a fine of up to $15,000, or both.

AI Summary

Committee Categories

Ronald Dancer (R)*,  Pam Lampitt (D)*,  Erik Peterson (R)*,  Maria Rodriguez-Gregg (R)*,  Daniel Benson (D),  Craig Coughlin (D),  Amy Handlin (R),  Greg McGuckin (R),  Nancy Muñoz (R), 

Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee (on 06/05/2017)