Bill > A3230

Introduced Session

This bill requires that a person convicted of a second or subsequent sex offense be sentenced to a mandatory minimum term. Under the provisions of the bill, any person who is convicted of any second or subsequent crime of sexual assault, criminal sexual contact, or lewdness involving a minor would be required to be sentenced to the maximum ordinary sentence applicable to the degree of the crime without eligibility for parole. Under current law, a person who is convicted of a second or subsequent crime of sexual assault or aggravated criminal sexual contact is subject to a minimum mandatory term of five years without eligibility for parole. This bill increases the mandatory minimum sentence and expands the number of crimes subject to mandatory minimum terms of imprisonment to include the third degree crime of criminal sexual assault and the fourth degree crime of lewdness if a minor or vulnerable adult is the victim. Specifically, the bill provides for the following mandatory minimum terms of imprisonment in second or subsequent convictions of these crimes: · 20 years for aggravated sexual assault under subsection a. of N.J.S.2C:14-2 (a crime of the first degree); · 10 years for sexual assault under subsections b. or c. of N.J.S.2C:14-2 (a crime of the second degree); · Five years for aggravated criminal sexual contact under subsection a. of N.J.S.2C:14-3 (a crime of the third degree); · 18 months for criminal sexual contact under subsection b. of N.J.S.2C:14-3 (a crime of the fourth degree); and · 18 months for lewdness under subsection b. of N.J.S.2C:14-4 (a crime of the fourth degree). It is not the sponsor's intent that this provision reduce the applicable sentence for a sex offender. Therefore, the bill includes language to specify that in the event of a conflict between the section law amended by this bill and another mandatory minimum sentencing provision, the greater mandatory minimum shall apply.

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Bob Andrzejczak (D)*,  R. Bruce Land (D)*,  Matthew Milam (D)*, 

Introduced, Referred to Assembly Judiciary Committee (on 02/08/2018)