Bill Text: NJ A1033 | 2016-2017 | Regular Session | Amended
Bill Title: Increases penalties for certain criminal offenses committed against elderly and persons with a disability.*
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-05-12 - Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee [A1033 Detail]
Download: New_Jersey-2016-A1033-Amended.html
ASSEMBLY, No. 1033
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman JAY WEBBER
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Increases penalties for certain criminal offenses committed against elderly and persons with a disability.
CURRENT VERSION OF TEXT
As reported by the Assembly Law and Public Safety Committee on May 12, 2016, with amendments.
An Act concerning 1[endangering the welfare] abandonment and neglect1 of certain persons and amending 1[N.J.S.2C:24-7 and N.J.S.2C:24-8] P.L.1989, c.231.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. N.J.S.2C:24-7 is amended to read as follows:
N.J.S.2C:24-7. Endangering the Welfare of an Incompetent Person.
a. [A person] An actor is guilty of a disorderly persons offense when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself because of mental disease or defect.
b. An actor is guilty of a crime of the fourth degree if he has a legal duty to care for, or has assumed continuing responsibility for the care of, a person who is unable to care for himself because of mental disease or defect when the actor knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of the person.
c. An actor is guilty of a crime of the third degree if he has a legal duty to care for, or has assumed continuing responsibility for the care of, a person who is unable to care for himself because of mental disease or defect and the actor abandons the person or unreasonably neglects to do or fails to permit to be done any act necessary for the physical or mental health of the person. For purposes of this section "abandon" means the willful desertion or forsaking of the person who is unable to care for himself because of mental disease or defect.
d. An actor is guilty of a crime of the second degree if he has a legal duty to care for, or has assumed continuing responsibility for the care of, a person who is unable to care for himself because of mental disease or defect and the actor causes the person harm that would make the person abused or neglected as those terms are defined in section 2 of P.L.1993, c.249 (C.52:27D-407).
e. Nothing in this section shall be construed to preclude or limit the prosecution or conviction for any other offense defined in this code or in any other law of this State.
(cf: N.J.S.2C:24-7)]1
1[2.] 1.1 Section 1 of P.L.1989, c.23 (C.2C:24-8) is amended to read as follows:
1. 1[Abandonment, Neglect of Elderly Person, Disabled Adult.]1
a. An actor is guilty of a disorderly persons offense when 1[he] the actor1 knowingly acts in a manner likely to be injurious to the physical, mental 1,1or moral welfare of a person 60 years of age or older or a disabled adult.
b. An actor is guilty of a crime of the fourth degree if 1[he] the actor1 has a legal duty to care for, or has assumed continuing responsibility for the care of, a person 60 years of age or older or a disabled adult when the actor knowingly acts in a manner likely to be injurious to the physical, mental 1,1or moral welfare of the person.
c. 1[A person] An actor1 having a legal duty to care for or who has assumed continuing responsibility for the care of a person 60 years of age or older or a disabled adult, who abandons the elderly person or disabled adult or unreasonably neglects to do or fails to permit to be done any act necessary for the physical or mental health of the elderly person or disabled adult, is guilty of a crime of the third degree. For purposes of this section 1,1 "abandon" means the willful desertion or forsaking of an elderly person or disabled adult.
d. 1[A person] An actor1 having a legal duty to care for or who has assumed continuing responsibility for the care of a person 60 years of age or older or a disabled adult, who causes the elderly person or disabled adult harm that would make the elderly person or disabled adult abused or neglected as those terms are defined in section 2 of P.L.1993, c.249 (C.52:27D-407) is guilty of a crime of the second degree.
[b.] e. A person shall not be considered to commit an offense under this section for the sole reason that 1[he] the person1 provides or permits to be provided nonmedical remedial treatment by spiritual means through prayer alone in lieu of medical care, in accordance with the tenets and practices of the elderly person's or disabled adult's established religious tradition, to an elderly person or disabled adult to whom 1[he] the person1 has a legal duty to care for or has assumed responsibility for the care of.
[c.] f. Nothing in this section shall be construed to preclude or limit the prosecution or conviction for any other offense defined in this code or in any other law of this State.
(cf: P.L.1999, c.8, s.1)
3. This act shall take effect immediately.
