Bill Text: NJ A1070 | 2012-2013 | Regular Session | Introduced
Bill Title: Adds child molestation and endangerment to crimes that subject public school employee offender to pension and retirement benefit forfeiture.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly State Government Committee [A1070 Detail]
Download: New_Jersey-2012-A1070-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman ALEX DECROCE
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Adds child molestation and endangerment to crimes that subject public school employee offender to pension and retirement benefit forfeiture.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the forfeiture of certain public pension or retirement benefits and supplementing chapter 1 of Title 43 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. In addition to the pension or benefit forfeiture provisions of section 2 of P.L.2007, c.49 (C.43:1-3.1), a person who holds or has held any public office, position, or employment, elective or appointive, under a public school district or school board in this State, who is convicted of any crime set forth in subsection b. of this section, or of a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State, even when the crime or offense does not involve or touch such office, position or employment as defined in subsection a. of section 2 of P.L.2007, c.49 (C.43:1-3.1), shall forfeit all of the pension or retirement benefit earned as a member of any State or locally-administered pension fund or retirement system in which the person participated at the time of the commission of the offense.
b. Subsection a. of this section applies to a conviction of any of the following crimes:
(1) N.J.S.2C:14-1 et seq., child molestation or a sexual offense against a child; or
(2) N.J.S.2C:24-4, endangering the welfare of a child.
c. A court of this State shall enter an order of pension forfeiture pursuant to this section:
(1) Immediately upon a finding of guilt by the trier of fact or a plea of guilty entered in any court of this State unless the court, for good cause shown, orders a stay of the pension forfeiture pending a hearing on the merits at the time of sentencing; or
(2) Upon application of the county prosecutor or the Attorney General, when the pension forfeiture is based upon a conviction of an offense under the laws of another state or of the United States. An order of pension forfeiture pursuant to this subsection shall be deemed to have taken effect on the date the person was found guilty by the trier of fact or pled guilty to the offense.
d. No court shall grant a stay of an order of pension forfeiture pending appeal of a conviction or pension forfeiture order unless the court is clearly convinced that there is a substantial likelihood of success on the merits. If the conviction be reversed or the order of pension forfeiture be overturned, the person's pension rights and benefits shall be restored from the date of pension forfeiture.
e. Nothing in this section shall be deemed to preclude the authority of the board of trustees of any State or locally-administered pension fund or retirement system created under the laws of this State from ordering the forfeiture of all or part of the earned service credit or pension or retirement benefit of any member of the fund or system for misconduct occurring during the member's public service pursuant to the provisions of P.L.1995, c.408 (C.43:1-3 et seq.), including in a case where the court does not enter an order of forfeiture pursuant to this section.
2. This act shall take effect immediately.
STATEMENT
Under current law, a person who holds or has held any elective or appointive public office, position, or employment in State government or in any local government agency or political subdivision, and who is convicted of any of the 19 crimes specified in the law, is subject to the forfeiture of all of the pension or retirement benefit earned as a member of any State or locally-administered pension fund or retirement system in which the person participated at the time that person committed the crime or offense. Under the law, the crime or offense must involve or touch the office, position or employment held by that person, meaning that the crime or offense was related directly to the person's performance in, or circumstances flowing from, the specific public office or employment held by that person.
This bill adds two categories of additional crimes that would subject an employee of a public school district or school board in this State to pension or retirement benefit forfeiture, even when such crimes do not involve the office or position held by the person. Under the bill, child molestation or a sexual offense against a child, as set forth under N.J.S.2C:14-1 et seq., and endangering the welfare of a child, as set forth under N.J.S.2C:24-4, are added to the pension forfeiture provisions for public school district or school board employees.
