Bill Text: NJ A1050 | 2010-2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Upgrades offenses of engaging in unauthorized practice of law; creates civil action; provides that persons convicted of the offenses are barred from appointment as a notary public. *

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed - Dead) 2011-12-15 - Reported from Senate Committee, 2nd Reading [A1050 Detail]

Download: New_Jersey-2010-A1050-Introduced.html

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ASSEMBLY, No. 1050

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblyman  JOHN S. WISNIEWSKI

District 19 (Middlesex)

 

Co-Sponsored by:

Assemblyman Gusciora

 

 

 

 

SYNOPSIS

     Upgrades offense of knowingly engaging in unauthorized practice of law.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

An Act concerning the unauthorized practice of law and amending P.L.1994, c.47.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.1994, c.47 (C.2C:21-22) is amended to read as follows:

     1.    a.  A person is guilty of a [disorderly persons offense] crime of the fourth degree if the person knowingly engages in the unauthorized practice of law. 

     b.    A person is guilty of a crime of the [fourth] third degree if the person knowingly engages in the unauthorized practice of law and:  

     (1)   Creates or reinforces a false impression that the person is licensed to engage in the practice of law; or 

     (2)   Derives a benefit; or     

     (3)   In fact causes injury to another.

     c.     For the purposes of this section, the phrase "in fact" indicates strict liability. 

(cf: P.L.1994,c.47,s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill upgrades the offense of knowingly engaging in the unauthorized practice of law.

     Currently this is a disorderly persons offense but it is increased to a crime of the fourth degree if the person knowingly engages in the unauthorized practice of law and: (1) creates or reinforces a false impression that the person is licensed to engage in the practice of law; or (2) derives a benefit; or (3) in fact causes injury to another.

     This bill upgrades the offense generally to a crime of the fourth degree in subsection a. of N.J.S.A.2C:21-22.  If one of the additional circumstances is present then the crime would be upgraded from the present category of a crime of the fourth degree to a crime of the third degree in subsection b. of N.J.S.A.2C:21-22.

     A disorderly persons offense is punishable by a term of imprisonment not to exceed six months or a fine not to exceed $1,000 or both.  A crime of the fourth degree ordinarily is punishable by a term of imprisonment not to exceed 18 months or a
fine not to exceed $10,000 or both.  A crime of the third degree ordinarily is punishable by a term of imprisonment between three to five years or a fine not to exceed $15,000 or both.