Bill Text: NJ A1749 | 2020-2021 | Regular Session | Amended
Bill Title: Amends statute that criminalizes display of symbols, objects, or graffiti exposing another to threats of violence to specifically include noose, burning cross, or other symbol of hate.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2021-05-12 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A1749 Detail]
Download: New_Jersey-2020-A1749-Amended.html
ASSEMBLY, No. 1749
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Co-Sponsored by:
Assemblymen Chiaravalloti, Moen and Assemblywoman Murphy
SYNOPSIS
Amends statute that criminalizes display of symbols, objects, or graffiti exposing another to threats of violence to specifically include noose, burning cross, or other symbol of hate.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on May 12, 2021, with amendments.
An Act concerning hate crimes and amending P.L.1981, c.282.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1981, c.282 (C.2C:33‑10) is amended to read as follows:
1. A person is guilty of a crime of the third degree if he purposely, knowingly or recklessly puts or attempts to put another in fear of bodily violence by placing on private property of another a symbol, an object, a characterization, an appellation or graffiti that exposes another to threats of violence, including but not limited to a noose, burning cross, or 1other symbol of hate, including but not limited to a symbol of white supremacy or1 Nazi 1[swastika] ideology1. A person shall not be guilty of an attempt unless his actions cause a serious and imminent likelihood of causing fear of unlawful bodily violence.
A person convicted of an offense under this section that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required either to pay to the owner of the damaged property monetary restitution in the amount of the pecuniary damage caused by the act of graffiti or 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 nor less than the number of days necessary to remove the graffiti from the property.
(cf: P.L.1995, c.251, s.2)
2. Section 2 of P.L.1981, c.282 (C.2C:33-11) is amended to read as follows:
2. A person is guilty of a crime of the fourth degree if he purposely defaces or damages, without authorization of the owner or tenant, any private premises or property primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes, or for assembly by persons for purpose of exercising any right guaranteed by law or by the Constitution of this State or of the United States by placing thereon a symbol, an object, a characterization, an appellation, or graffiti that exposes another to threat of violence, including but not limited to a noose, burning cross, or 1other symbol of hate, including but not limited to a symbol of white supremacy or1 Nazi 1[swastika] ideology1.
A person convicted of an offense under this section that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required either to pay to the owner of the damaged property monetary restitution in the amount of pecuniary damage caused by the act of graffiti or 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.
(cf: P.L.1995, c.251, s.3)
3. This act shall take effect immediately.
