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NJ A140

NJ A140
Establishes a 500 foot drug free zone around child care centers.


summary

Introduced
01/27/2016
In Committee
01/27/2016
Crossed Over
Passed
Dead
01/08/2018

Introduced Session

2016-2017 Regular Session

Bill Summary

Under current law, it is a crime of the third degree for any person to distribute, dispense, or possess with the intent to distribute a controlled dangerous substance while on, or within 1,000 feet of, an elementary or secondary school, school board, or school bus. In a recent case, State v. Shelle the New Jersey Supreme Court decided that child care centers, even those that operate small kindergarten classes, are not considered schools for the purposes of the existing drug free school zone law. This bill would expand drug free school zones to include property owned or leased by licensed child care centers and the 500 feet surrounding such a child care center. Child care centers include day care centers, drop-in centers, nighttime centers, recreation centers, day nurseries, nursery and play schools, cooperative child centers, centers for children with special needs, centers serving sick children, infant-toddler programs, school age child care programs, employer supported centers, and kindergartens that are not an integral part of a private educational institution.

AI Summary

This bill expands the existing drug-free school zone law to include property owned or leased by licensed child care centers and the 500 feet surrounding such centers. The bill defines "child care centers" broadly to include various types of facilities that provide care and education for children. Under the current law, the drug-free zones only apply to elementary and secondary schools, but the New Jersey Supreme Court has ruled that child care centers are not considered schools for the purposes of this law. This bill aims to close that loophole and provide the same enhanced criminal penalties for drug offenses committed near child care centers as those near schools.

Committee Categories

Education

Sponsors (2)

Last Action

Introduced, Referred to Assembly Women and Children Committee (on 01/27/2016)

bill text


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