New Jersey-2016-A2042-Introduced

An Act concerning certain crimes and amending N.J.S.2C:41-1.

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

1. N.J.S.2C:41-1 is amended to read as follows:

2C:41-1. For purposes of this section and N.J.S.2C:41-2 through N.J.S.2C:41-6:

a. "Racketeering activity" means (1) any of the following crimes which are crimes under the laws of New Jersey or are equivalent crimes under the laws of any other jurisdiction:

(a) murder

(b) kidnapping

(d) promoting prostitution

(e) obscenity

(f) robbery

(g) bribery

(h) extortion

(i) criminal usury

(j) violations of Title 33 of the Revised Statutes

(k) violations of Title 54A of the New Jersey Statutes and Title 54 of the Revised Statutes

(l) arson

(m) burglary

(n) theft and all crimes defined in chapter 20 of Title 2C of the New Jersey Statutes

(o) forgery and fraudulent practices and all crimes defined in chapter 21 of Title 2C of the New Jersey Statutes

(p) fraud in the offering, sale or purchase of securities

(q) alteration of motor vehicle identification numbers

(r) unlawful manufacture, purchase, use or transfer of firearms

(s) unlawful possession or use of destructive devices or explosives

(t) violation of sections 112 through 116 inclusive of the "Casino Control Act," P.L.1977, c.110 (C.5:12-112 through 5:12-116)

(u) violation of N.J.S.2C:35-4, N.J.S.2C:35-5 or N.J.S.2C:35-6 and all crimes involving illegal distribution of a controlled dangerous substance or controlled substance analog, except possession of less than one ounce of marijuana

(v) violation of subsection b. of N.J.S.2C:24-4 except for subparagraph (b) of paragraph (5) of subsection b.

(w) violation of section 1 of P.L.1995, c.405 (C.2C:39-16), leader of firearms trafficking network

(x) violation of section 1 of P.L.1983, c.229 (C.2C:39-14), weapons training for illegal activities

(y) violation of section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism

(z) violation of section 1 of P.L.2005, c.77 (C.2C:13-8), human trafficking

(aa) violation of N.J.S.2C:12-1 requiring purposeful or knowing conduct

(bb) violation of N.J.S.2C:12-3, terroristic threats

(cc) N.J.S.2C:27-3, threats and other improper influence in official and political matters

(dd) section 100 of P.L.1999, c.440 (C.2C:27-9), unlawful official business transaction where interest is involved

(ee) section 5 of P.L.2003, c.255 (C.2C:27-10), acceptance or receipt of unlawful benefit by public servant for official behavior

(ff) section 6 of P.L.2003, c.255 (C.2C:27-11), offer of unlawful benefit to public servant for official behavior

(gg) P.L.2007, c.158 (C.2C:27-12), crime of corruption of public resources

(hh) section 1 of N.J.S.2C:30-2, official misconduct

(2) any conduct defined as "racketeering activity" under Title 18, U.S.C.s.1961(1)(A), (B) and (D).

b. "Person" includes any individual or entity or enterprise as defined herein holding or capable of holding a legal or beneficial interest in property.

c. "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business or charitable trust, association, or other legal entity, any union or group of individuals associated in fact although not a legal entity, and it includes illicit as well as licit enterprises and governmental as well as other entities.

d. "Pattern of racketeering activity" requires:

(1) Engaging in at least two incidents of racketeering conduct one of which shall have occurred after the effective date of this act and the last of which shall have occurred within 10 years (excluding any period of imprisonment) after a prior incident of racketeering activity; and

(2) A showing that the incidents of racketeering activity embrace criminal conduct that has either the same or similar purposes, results, participants or victims or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents.

e. "Unlawful debt" means a debt:

(1) Which was incurred or contracted in gambling activity which was in violation of the law of the United States, a state or political subdivision thereof; or

(2) Which is unenforceable under state or federal law in whole or in part as to principal or interest because of the laws relating to usury.

f. "Documentary material" includes any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic or recording or video tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into useable form or other tangible item.

g. "Attorney General" includes the Attorney General of New Jersey, his assistants and deputies. The term shall also include a county prosecutor or his designated assistant prosecutor if a county prosecutor is expressly authorized in writing by the Attorney General to carry out the powers conferred on the Attorney General by this chapter.

h. "Trade or commerce" shall include all economic activity involving or relating to any commodity or service.

(cf: P.L.2007, c.341, s.4)

2. This act shall take effect immediately.

STATEMENT

This bill would add certain crimes that involve public servants to the list of offenses considered "racketeering activity" under New Jersey's anti-racketeering law, the "Racketeer Influenced and Corrupt Organizations Act" (RICO). This bill would add to the definition of "racketeering activity" the following:

(1) N.J.S.A. 2C:27-3, threats and other improper influence in official and political matters;

(2) N.J.S.A. 2C:27-9, unlawful official business transaction where interest is involved;

(3) N.J.S.A. 2C:27-10, acceptance or receipt of unlawful benefit by public servant for official behavior;

(4) N.J.S.A. 2C:27-11, offer of unlawful benefit to public servant for official behavior;

(5) N.J.S.A. 2C:27-12, crime of corruption of public resources; and

(6) N.J.S.A. 2C:30-2, official misconduct.

Under RICO, in addition to increased criminal penalties certain civil remedies are available including ordering the restitution of any moneys or property unlawfully obtained or retained and the ability to obtain civil monetary penalties up to three times the amount of the gain in order to deter future violations.

Adding these political crimes to the list of predicate offenses triggering the State's anti-racketeering law is intended to discourage public officials from using their offices for corrupt purposes.