Bill Text: NJ A2389 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes offense of harassing, intimidating, or bullying minor; establishes diversionary program for juveniles charged with offense.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Judiciary Committee [A2389 Detail]
Download: New_Jersey-2024-A2389-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman WILLIAM W. SPEARMAN
District 5 (Camden and Gloucester)
SYNOPSIS
Establishes offense of harassing, intimidating, or bullying minor; establishes diversionary program for juveniles charged with offense.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning harassment, intimidation, or bullying of a minor, supplementing Title 2C of the New Jersey Statutes, and amending P.L.2011, c.128.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A person commits the offense of harassing, intimidating, or bullying a minor if the person, through any gesture, written, verbal, or physical act, or any electronic communication, whether by way of a single incident or a series of incidents, communicates with a minor:
(1) with the purpose to physically or emotionally harm the minor, damage the minor's property, or place a minor in fear of physical or emotional harm to the minor's person or damage to the minor's property because of the minor's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or
(2) knowing that the communication would physically or emotionally harm the minor, damage the minor's property, or place the minor in fear of physical or emotional harm to the minor's person or damage to the minor's property because of the minor's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.
b. Except as otherwise provided in subsection c. of this section, a person who commits an offense of harassing, intimidating, or bullying a minor is guilty of a disorderly persons offense and, notwithstanding the provisions of subsection c. of N.J.S.2C:43-3, shall be subject to a fine of not more $100 for a first offense and not more than $250 for each subsequent offense.
c. A minor who is adjudicated delinquent for an act which, if committed by an adult, would constitute an offense of harassing, intimidating, or bullying a minor is guilty of a petty disorderly offense and, notwithstanding the provisions of subsection d. of N.J.S.2C:43-3, shall be subject to a fine of not more $100 for a first offense and not more than $250 for each subsequent offense.
2. Section 2 of P.L.1982, c.81 (C.2A:4A-71) is amended to read as follows:
2. Review and processing of complaints.
a. The jurisdiction of the court in any complaint filed pursuant to section 11 of P.L.1982, c.77 (C.2A:4A-30) shall extend to the juvenile who is the subject of the complaint and [his] the juvenile's parents or guardian.
b. Every complaint shall be reviewed by court intake services for recommendation as to whether the complaint should be dismissed, diverted, or referred for court action. Where the complaint alleges a crime which, if committed by an adult, would be a crime of the first, second, third or fourth degree, or alleges a repetitive disorderly persons offense or any disorderly persons offense defined in chapter 35 or chapter 36 of Title 2C, the complaint shall be referred for court action, unless the prosecutor otherwise consents to diversion.
There shall be a presumption that a complaint alleging a petty disorderly persons offense of harassing, intimidating, or bullying a minor pursuant to subsection c. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be diverted. If the court has approved diversion of the complaint, and the offense was committed in a jurisdiction in which there is an applicable existing restorative and transformative justice program including, but not limited to a restorative justice hub pursuant to the Restorative and Transformative Justice for Youths and Communities Pilot Program, P.L.2021, c.196, the matter shall be diverted for resolution to the restorative and transformative justice program. Pursuant to subsection a. of section 2 of P.L.2011, c.128 (C.2A:4A-71.1), any resolution of the complaint shall include the juvenile's participation in a remedial education or counseling program which satisfies the requirements of subsection e. of section 2 of P.L.2011, c.128 (C.2A:4A-71.1).
Court intake services shall consider the following factors in determining whether to recommend diversion:
(1) The seriousness of the alleged offense or conduct and the circumstances in which it occurred;
(2) The age and maturity of the juvenile;
(3) The risk that the juvenile presents as a substantial danger to others;
(4) The family circumstances, including any history of drugs, alcohol abuse or child abuse on the part of the juvenile, his parents or guardian;
(5) The nature and number of contacts with court intake services and the court that the juvenile or his family have had;
(6) The outcome of those contacts, including the services to which the juvenile or family have been referred and the results of those referrals;
(7) The availability of appropriate services outside referral to the court;
(8) Any recommendations expressed by the victim or complainant, or arresting officer, as to how the case should be resolved;
(9) Any recommendation expressed by the county prosecutor;
(10) The amenability of the juvenile to participation in a remedial education or counseling program that satisfies the requirements of subsection b. of section 2 of P.L.2011, c.128 (C.2A:4A-71.1) if the offense alleged is an eligible offense as defined in subsection c. of section 2 of P.L.2011, c.128 (C.2A:4A-71.1); [and]
(11) Any information relevant to the offense in any case where the juvenile is charged with an act which if committed by an adult would constitute prostitution in violation of N.J.S.2C:34-1 or any offense which the juvenile alleges is related to the juvenile being a victim of human trafficking;
(12) The amenability of the juvenile to participation in a remedial education or counseling program that satisfies the requirements of subsection e. of section 2 of P.L.2011, c.128 (C.2A:4A-71.1) if the offense alleged is an eligible offense as defined in subsection d. of section 2 of P.L.2011, c.128 (C.2A:4A-71.1); and
(13) The eligibility and amenability of the juvenile to participation in an applicable existing restorative and transformative justice program including, but not limited to, a restorative justice hub established pursuant to the Restorative and Transformative Justice for Youths and Communities Pilot Program, P.L.2021, c.196 if the offense alleged is an eligible offense as defined in subsection d. of section 2 of P.L.2011, c.128 (C.2A:4A-71.1).
(cf: P.L.2011, c.195, s.4)
3. Section 2 of P.L.2011, c.128 (C.2A:4A-71.1) is amended to read as follows:
2. a. Where a complaint against a juvenile pursuant to section 11 of P.L.1982, c.77 (C.2A:4A-30) alleges that the juvenile has committed an eligible offense involving sexually explicit or suggestive materials as defined in subsection c. of this section or an eligible offense involving harassing, intimidating, or bullying a minor as defined in subsection d. of this section, and the court has approved diversion of the complaint pursuant to section 4 of P.L.1982, c.81 (C.2A:4A-73), the resolution of the complaint shall include the juvenile's participation in a remedial education or counseling program. The court shall take into consideration the availability of such a program in the area in which the juvenile resides and, where appropriate, may permit the juvenile to participate in a self-guided awareness program in lieu of a remedial education or counseling program provided that it satisfies the requirements of subsection b. or subsection e. of this section, as appropriate.
b. A remedial education or counseling program for an offense involving sexually explicit or suggestive materials satisfies the requirements of [P.L.2011, c.128] subsection a. of this section if the program is designed to increase the juvenile's awareness of:
(1) the legal consequences and penalties for sharing sexually suggestive or explicit materials, including applicable federal and State statutes;
(2) the non-legal consequences of sharing sexually suggestive or explicit materials including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities;
(3) the potential, based upon the unique characteristics of cyberspace and the Internet, of long-term and unforeseen consequences for sharing sexually suggestive or explicit materials; and
(4) the possible connection between bullying and cyber-bullying and juveniles sharing sexually suggestive or explicit materials.
c. As used in P.L.2011, c.128, "eligible offense involving sexually explicit or suggestive materials" means an offense in which:
(1) the facts of the case involve the creation, exhibition, or distribution of a photograph depicting nudity or portraying a child in a sexually suggestive manner, as defined in N.J.S.2C:24-4, through the use of an electronic communication device, an interactive wireless communications device, or a computer; and
(2) the creator and subject of the photograph are juveniles or were juveniles at the time of its making.
d. As used in this section, "eligible offense involving harassment, intimidation, or bullying" means an offense of harassing, intimidating, or bullying a minor pursuant to subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
e. A remedial education or counseling program for an offense committed by a minor that, if committed by an adult, would constitute an eligible offense involving harassment, intimidation, or bullying satisfies the requirements of subsection a. of this section if the program is designed to increase the juvenile's awareness of:
(1) the legal consequences and penalties for harassing, intimidating, or bullying a minor, including applicable federal and State statutes;
(2) the non-legal consequences of harassing, intimidating, or bullying a minor including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities;
(3) the potential of long-term and unforeseen consequences for harassing, intimidating, or bullying a minor; and
(4) the possible connection between cyber-bullying and harassing, intimidating, or bullying a minor.
(cf: P.L.2021, c.342, s.3)
4. Section 4 of P.L.1982, c.81 (C.2A:4A-73) is amended to read as follows:
2A:4A-73. Diverting complaints
a. The court may divert a complaint filed pursuant to section 11 of P.L.1982, c.77 (C.2A:4A-30) to intake conferences or juvenile conference committees. Where the complaint alleges a disorderly persons or petty disorderly persons offense the court may dispose of the case as a juvenile-family crisis pursuant to P.L.1982, c.80 (C.2A:4A-76 et seq.). There shall be a presumption that a complaint alleging a petty disorderly persons offense pursuant to subsection c. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be diverted in accordance with the provisions of section 2 of P.L.1982, c.77 (C.2A:4A-71). The county prosecutor shall be promptly notified of the diversion of a complaint.
b. The complainant or victim of any offense committed by a juvenile diverted by the court, which offense would be a crime if committed by an adult, shall receive a statement as to the reasons for the proposed diversion.
(cf: P.L.1982, c.81, s. 4)
5. This act shall take effect on the first day of the third month next following the date of enactment.
STATEMENT
This bill establishes the offense of harassing, intimidating, or bullying a minor and establishes a diversionary program for juveniles who are charged with this offense.
The provisions of the bill provide that a person commits the offense of harassment, intimidation, or bullying a minor if the person, through any gesture, written, verbal, or physical act, or any electronic communication, whether it be a single incident or a series of incidents, communicates with a minor:
· with the purpose to physically or emotionally harm the minor, damage the minor's property, or place a minor in fear of physical or emotional harm to the minor's person or damage to the minor's property because of the minor's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or
· knowing that the communication would physically or emotionally harm the minor, damage the minor's property, or place the minor in fear of physical or emotional harm to the minor's person or damage to the minor's property because of the minor's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.
Under the bill, harassing, intimidating, or bullying a minor is a disorderly persons offense, unless a minor is adjudicated for an act that, if committed by an adult would constitute the offense, in which case the minor is guilty of a petty disorderly offense. In addition, any adult or juvenile who commits an offense is subject to a fine of up to $100 for a first offense and a fine of up to $250 for each subsequent offense. The bill establishes a presumption that a complaint against a minor who commits an offense of harassing, intimidating, or bullying a minor is to be diverted. If the offense was committed in a jurisdiction in which there is an existing applicable restorative and transformative justice program, the matter is to be diverted to the restorative justice hub.
The bill provides that where a complaint against a juvenile alleges that the juvenile has committed an offense that, if committed by an adult, constitutes an "eligible offense involving harassment, intimidation, or bullying" as defined in the bill and the court approves diversion of the complaint, the resolution of the complaint would include participation in a remedial education or counseling program if the juvenile is amenable to participation in such a program, and a program is available in the area where the juvenile resides. Also, if appropriate, the court may permit the juvenile to participate in a self-guided awareness program in lieu of a remedial education or counseling program provided that it satisfies the bill's requirements.
A remedial education or counseling program satisfies the bill's requirements if the program is designed to increase the juvenile's awareness of:
· the legal consequences and penalties for harassing, intimidating, or bullying a minor, including applicable federal and State statutes;
· the non-legal consequences of harassing, intimidating, or bullying a minor including, but not limited to, the effect on relationships, loss of educational and employment opportunities, and being barred or removed from school programs and extracurricular activities;
· the potential of long-term and unforeseen consequences for harassing, intimidating, or bullying a minor; and
· the possible connection between cyber-bullying and harassing, intimidating, or bullying a minor.
