Bill Text: NJ A4156 | 2022-2023 | Regular Session | Introduced
Bill Title: Upgrades penalties for throwing bodily fluid at certain law enforcement officers and correctional employees.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2022-06-02 - Introduced, Referred to Assembly Law and Public Safety Committee [A4156 Detail]
Download: New_Jersey-2022-A4156-Introduced.html
Sponsored by:
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Upgrades penalties for throwing bodily fluid at certain law enforcement officers and correctional employees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning throwing bodily fluid at certain law enforcement officers and amending P.L.1987, c.182.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1987, c.182 (C.2C:12-13) is amend to read as follows:
2. A person who throws a bodily fluid at a Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, probation officer, any sheriff, undersheriff or sheriff's officer or any municipal, county, or State law enforcement officer while in the performance of the person's duties or otherwise purposely subjects such employee to contact with a bodily fluid commits an aggravated assault. If the victim suffers bodily injury, this shall be a crime of the [third] second degree. Otherwise, this shall be a crime of the [fourth] third degree. A term of imprisonment imposed for this offense shall run consecutively to any term of imprisonment currently being served and to any other term imposed for another offense committed at the time of the assault. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for a violation or attempted violation of chapter 11 of Title 2C of the New Jersey Statutes or subsection b. of N.J.S.2C:12-1 or any other provision of the criminal laws.
(cf: P.L.2019, c.219, s.4)
2. This act shall take effect immediately.
STATEMENT
This bill upgrades the penalties for throwing bodily fluid at certain law enforcement officers and correctional employees.
Under current law, a person who throws bodily fluid at a county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, probation officer, any sheriff, undersheriff or sheriff's officer or any municipal, county, or State law enforcement officer while in the performance of the person's duties or purposely subjects the officer or employee to make contact with a bodily fluid commits aggravated assault. If the victim suffers bodily injury, the aggravated assault is a crime of the third degree. Otherwise, it is a crime of the fourth degree.
Under the bill, a person who throws bodily fluid at an officer or employee is guilty of a crime of the second degree if bodily injury occurs and is guilty of a crime of the third degree if no bodily injury occurs. A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.
