Bill Text: NJ A2196 | 2012-2013 | Regular Session | Introduced


Bill Title: Increases fine for defacement of private property including property used for religious purposes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-02-02 - Introduced, Referred to Assembly Judiciary Committee [A2196 Detail]

Download: New_Jersey-2012-A2196-Introduced.html

ASSEMBLY, No. 2196

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 2, 2012

 


 

Sponsored by:

Assemblyman  JOHN F. AMODEO

District 2 (Atlantic)

Assemblyman  CHRIS A. BROWN

District 2 (Atlantic)

 

 

 

 

SYNOPSIS

     Increases fine for defacement of private property including property used for religious purposes.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning defacement of private property and amending P.L.1981, c.282.

 

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

 

     1.    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.

     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.

     Notwithstanding the provisions of N.J.S.2C:43-3, a fine of up to $15,000 may be imposed upon a person who violates the provisions of this section.

(cf: P.L.1995, c.251, s.3)

 

     2.    This act shall take effect on the first day of the third month following enactment.

 

 

STATEMENT

 

     The bill would increase the maximum fine for a person who purposely defaces or damages private 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 that exposes another to threat of violence.  Under current law, such an act is a crime of the fourth degree.  A crime of the fourth degree is punishable by a fine not to exceed $10,000, a term of imprisonment not to exceed 18 months, or both.  The bill would increase the maximum fine to $15,000 for this crime.

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