Bill Text: NJ S664 | 2016-2017 | Regular Session | Introduced
Bill Title: Strengthens criminal sanctions for intentionally damaging a rental premises to establish a warranty of habitability violation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-12 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S664 Detail]
Download: New_Jersey-2016-S664-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Strengthens criminal sanctions for intentionally damaging a rental premises to establish a warranty of habitability violation.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act strengthening criminal sanctions for intentionally damaging a rental premises, and amending N.J.S.2C:17-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:17-3 is amended to read as follows:
2C:17-3. a. Offense defined. A person is guilty of criminal mischief if he:
(1) Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S.2C:17-2; or
(2) Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings, or for the purpose of establishing a violation of the warranty of habitability.
b. Grading. (1) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of [$2,000.00] $2,000 or more.
(2) Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of [$500.00] $500 but less than [$2000.00] $2,000. It is a disorderly persons offense if the actor causes pecuniary loss of [$500.00] $500 or less.
(3) Criminal mischief is a crime of the third degree if the actor damages, defaces, eradicates, alters, receives, releases or causes the loss of any research property used by the research facility, or otherwise causes physical disruption to the functioning of the research facility. The term "physical disruption" does not include any lawful activity that results from public, governmental, or research facility employee reaction to the disclosure of information about the research facility.
(4) Criminal mischief is a crime of the fourth degree if the actor damages, removes or impairs the operation of any device, including, but not limited to, a sign, signal, light or other equipment, which serves to regulate or ensure the safety of air traffic at any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however, if the damage, removal or impediment of the device recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.
(5) Criminal mischief is a
crime of the fourth degree if the actor interferes or tampers with any airport,
landing field, landing strip,
heliport, helistop or any other aviation facility; however if the interference
or tampering with the airport, landing field, landing strip, heliport, helistop
or other aviation facility recklessly causes bodily injury or damage to
property, the actor is guilty of a crime of the third degree, or if it
recklessly causes a death, the actor is guilty of a crime of the second degree.
(6) Criminal mischief is a crime of the third degree if the actor tampers with a grave, crypt, mausoleum or other site where human remains are stored or interred, with the purpose to desecrate, destroy or steal such human remains or any part thereof.
(7) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes a substantial interruption or impairment of public communication, transportation, supply of water, oil, gas or power, or other public service. Criminal mischief is a crime of the second degree if the substantial interruption or impairment recklessly causes death.
(8) Criminal mischief is a crime of the fourth degree if the actor purposely or knowingly breaks, digs up, obstructs or otherwise tampers with any pipes or mains for conducting gas, oil or water, or any works erected for supplying buildings with gas, oil or water, or any appurtenances or appendages therewith connected, or injures, cuts, breaks down, destroys or otherwise tampers with any electric light wires, poles or appurtenances, or any telephone, telecommunications, cable television or telegraph wires, lines, cable or appurtenances.
(9) Criminal mischief is a crime of the third degree if the actor purposely or knowingly damages or destroys a rental premises for the purpose of establishing a violation of the warranty of habitability.
c. A person convicted of an offense of criminal mischief that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti and to perform community service, which shall include removing the graffiti from the property, if appropriate. If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property.
d. As used in this section:
(1) "Act of graffiti" means the drawing, painting or making of any mark or inscription on public or private real or personal property without the permission of the owner.
(2) "Spray paint" means any paint or pigmented substance that is in an aerosol or similar spray container.
e. A person convicted of an offense of criminal mischief that involves the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings or for the purpose of establishing a violation of the warranty of habitability, may, in addition to any other penalty imposed by the court, be required to pay to the owner of the property monetary restitution in the amount of the pecuniary damage caused by the damage or destruction.
(cf: P.L.2005, c.319, s.5)
2. This act shall take effect immediately.
STATEMENT
Many New Jersey landlords have suffered after renting to nefarious tenants who deliberately damage the premises in order to establish a violation of the warranty of habitability, thereby relieving themselves of rental payment obligations.
This bill would strengthen criminal sanctions for intentionally damaging a rental premises. Under current law, the penalty for purposely or knowingly damaging a rental property varies depending on the pecuniary loss caused by the damage. Currently, when the damage amounts to a loss of more than $500, but less than $2,000, the actor has committed a crime of the fourth degree; if the damage amounts to a loss of less than $500, it is a disorderly persons offense. A crime of the fourth degree is punishable by up to 18 months in prison, a fine of up to $10,000, or both. A disorderly persons offense is punishable by up to six months in prison, a fine of up to $1,000, or both. Under the bill, this penalty would be increased to a crime of the third degree regardless of the pecuniary loss, if the damage was inflicted in order to establish a violation of the warranty of habitability. A crime of the third degree is punishable by three to five years in prison, a fine of up to $15,000, or both.
