Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Requires immediate forfeiture of public office, position or employment, without application by the prosecutor, for public officials and employees convicted under Federal law of certain public corruption offenses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning forfeiture of public office and amending N.J.S.2C:51-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:51-2 is amended to read as follows:
2C:51-2. Forfeiture of Public Office, Position, or Employment.
a. A person holding any public office, position, or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof, who is convicted of an offense shall forfeit such office, position or employment if:
(1) He is convicted under the laws of this State of an offense involving dishonesty or of a crime of the third degree or above or under the laws of another state or of the United States of an offense or a crime which, if committed in this State, would be such an offense or crime;
(2) He is convicted of an offense involving or touching such office, position or employment; or
(3) The Constitution so provides.
As used in this subsection, "involving or touching such office, position or employment" means that the offense was related directly to the person's performance in, or circumstances flowing from, the specific public office, position or employment held by the person.
b. A court of this State shall enter an order of forfeiture pursuant to subsection a.:
(1) (a) Immediately upon a finding of guilt by the trier of fact or a plea of guilty entered in any court of this State; and
(b) Immediately upon notice to a court of this State by the county prosecutor or the Attorney General, following a finding of guilt by the trier of fact or a plea of guilty entered in any court of the United States,
unless the court, for good cause shown, orders a stay of such forfeiture pending a hearing on the merits at the time of sentencing, or at the time of the forfeiture notice concerning a conviction in any court of the United States, as applicable; or
(2) Upon application of the county prosecutor or the Attorney General, when the forfeiture is based upon a conviction of an offense under the laws of another state [or of the United States]. An order of forfeiture pursuant to this [paragraph] 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.
c. No court shall grant a stay of an order of forfeiture pending appeal of a conviction or 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 forfeiture be overturned, he shall be restored, if feasible, to his office, position or employment with all the rights, emoluments and salary thereof from the date of forfeiture.
Any official action taken by the convicted person on or after the date as of which a forfeiture of the person's office shall take effect shall, during a period of 60 days following the date on which an order of forfeiture shall have been issued hereunder, be voidable by the person's successor in office or, if the office of the person was that of member of the governing body of a county, municipality or independent authority, by that governing body.
d. In addition to the punishment prescribed for the offense, and the forfeiture set forth in subsection a. of N.J.S.2C:51-2, any person convicted of an offense involving or touching on his public office, position or employment shall be forever disqualified from holding any office or position of honor, trust or profit under this State or any of its administrative or political subdivisions. As used in this subsection, "involving or touching on his public office, position or employment" means that the offense was related directly to the person's performance in, or circumstances flowing from, the specific public office, position or employment held by the person.
e. Any forfeiture or disqualification under subsection a., b. or d. which is based upon a conviction of a disorderly persons or petty disorderly persons offense may be waived by the court upon application of the county prosecutor or the Attorney General and for good cause shown.
f. Except as may otherwise be ordered by the Attorney General as the public need may require, any person convicted of an offense under section 97 of P.L.1999, c.440 (C.2C:21-34), N.J.S.2C:27-2, N.J.S.2C:27-3, N.J.S.2C:27-5, section 100 of P.L.1999, c.440 (C.2C:27-9), section 5 of P.L.2003, c.255 (C.2C:27-10), section 6 of P.L.2003, c.255 (C.2C:27-11), N.J.S.2C:29-4, N.J.S.2C:30-2, or N.J.S.2C:30-3 of this Title shall be ineligible, either directly or indirectly, to submit a bid, enter into any contract, or to conduct any business with any board, agency, authority, department, commission, public corporation, or other body of this State, of this or one or more other states, or of one or more political subdivisions of this State for a period of, but not more than, 10 years from the date of conviction for a crime of the second degree, or five years from the date of conviction for a crime of the third degree. It is the purpose of this subsection to bar any individual convicted of any of the above enumerated offenses and any business, including any corporation, partnership, association or proprietorship in which such individual is a principal, or with respect to which such individual owns, directly or indirectly, or controls 5% or more of the stock or other equity interest of such business, from conducting business with public entities.
The State Treasurer shall keep and maintain a list of all corporations barred from conducting such business pursuant to this section.
g. In any case in which the issue of forfeiture is not raised in a court of this State at the time of a finding of guilt, entry of guilty plea or sentencing, a forfeiture of public office, position or employment required by this section may be ordered by a court of this State upon application of the county prosecutor or the Attorney General or upon application of the public officer or public entity having authority to remove the person convicted from his public office, position or employment. The fact that a court has declined to order forfeiture shall not preclude the public officer or public entity having authority to remove the person convicted from seeking to remove or suspend the person from his office, position or employment on the ground that the conduct giving rise to the conviction demonstrates that the person is unfit to hold the office, position or employment.
(cf: P.L.2007, c.49, s.5)
2. This act shall take effect immediately and shall apply to any person convicted of an offense prior to, on, or after the effective date.
STATEMENT
This bill would provide that State and local public officials and employees convicted under Federal law of certain public corruption offenses would forfeit their office, position, or employment immediately, without application by the prosecutor. Immediate forfeiture without application by the prosecutor is required under current law for State and local public officials and employees convicted under State law.
Currently, N.J.S.2C:51-2 provides that public officials and public employees convicted of certain criminal offenses must forfeit their public office, position or employment. Forfeiture applies if the person is convicted under State law of an offense involving dishonesty or of a crime of the third degree or above, or if the person is convicted under the laws of another state or under Federal law of a criminal offense which, if committed in New Jersey, would be an offense involving dishonesty or of a crime of the third degree or above. Forfeiture also applies if the person is convicted of an offense involving or touching such office, position or employment, or if the Constitution so provides.
N.J.S.2C:51-2 provides that if a person is found guilty or pleads guilty in State court to an applicable offense, the State court must enter an order of forfeiture immediately unless the court, for good cause shown, orders a stay pending a hearing on the merits at the time of sentencing. However, if the person is convicted of an applicable offense in Federal court or under the laws of another state, a New Jersey court can enter an order of forfeiture only upon application of the county prosecutor or the Attorney General.
Under the bill, if a defendant is convicted in Federal court of an applicable offense, the county prosecutor or the Attorney General would notify a State court and the State court would enter the order of forfeiture immediately. The bill would not affect the procedures for persons convicted of an offense under the laws of another state; in those cases the county prosecutor or Attorney General would still be required to bring an application to a New Jersey court for an order of forfeiture.