Bill > A3571

Introduced Session

This bill provides that a parent or caregiver who unlawfully uses, manufactures, or distributes a controlled dangerous substance while in the presence of a child is guilty of the crime of endangering the welfare of that child. The bill provides that any person with a legal duty for the care of a child or who has assumed responsibility for the care of a child who violates the provisions of N.J.S.2C:35-5 while in the presence of such child would be guilty of a crime of the third degree pursuant to N.J.S.2C:24-4, endangering the welfare of a child. The underlying statute, N.J.S.2C:35-5, concerns unlawfully manufacturing, distributing, or dispensing, or having under one's control with intent to manufacture, distribute, or dispense, a controlled dangerous substance. Penalties for violations of N.J.S.2C:35-5 range from a crime of the fourth degree to a crime of the first degree, depending on the particular substance involved and its quantity. Under the bill, a violation of the provisions of N.J.S.2C:35-10 while in the presence of a child by a person with a legal duty for the care of the child or who has assumed responsibility for the care of the child would constitute a crime of the fourth degree pursuant to N.J.S.2C:24-4, endangering the welfare of a child. The underlying statute, N.J.S.2C:35-10, concerns obtaining, possessing, or using a controlled dangerous substance. Penalties for violations of N.J.S.2C:35-10 range from a disorderly persons offense to a crime of the third degree, depending on the particular substance involved and its quantity. A crime of the first degree is punishable by a term of imprisonment of ten to 20 years or a fine of up to $200,000, or both; a crime of the second degree, by a term of five to ten years or a fine up to $150,000, or both; a crime of the third degree, by a term of three to five years or a fine up to $15,000, or both, and a crime of the fourth degree, by a term up to 18 months or a fine up to $10,000, or both. 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 petty disorderly persons offense is punishable by a term of imprisonment of up to 30 days or a fine of up to $500 or both. The bill specifies that it does not preclude a prosecution for any other offense set forth in chapter 35 of Title 2C of the New Jersey Statutes or any other offense defined by the laws of this State. The intent of this provision is to clarify that a prosecution for endangering the welfare of a child under the bill is separate and distinct from any prosecution for the underlying drug offense or any other criminal prosecution.

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Nancy Muñoz (R)*,  Jay Webber (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 04/04/2016)