Bill Text: NJ A4775 | 2016-2017 | Regular Session | Amended
Bill Title: Provides affirmative defense to and permits expungement of certain trespass offenses committed as result of person's homelessness; provides for police training.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-18 - Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee [A4775 Detail]
Download: New_Jersey-2016-A4775-Amended.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Provides affirmative defense to and permits expungement of certain trespass offenses committed as result of person's homelessness; provides for police training.
CURRENT VERSION OF TEXT
As reported by the Assembly Human Services Committee on May 18, 2017, with amendments.
An Act concerning the defense of and expungement of certain offenses, amending N.J.S.2C:18-3 and N.J.S.2C:52-3 and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:18-3 is amended to read as follows:
2C:18-3. a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof, or in or upon utility company property, or in the sterile area or operational area of an airport. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. An offense under this subsection is a crime of the fourth degree if it is committed in the sterile area or operational area of an airport. Otherwise it is a disorderly persons offense.
b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(3) Fencing or other enclosure manifestly designed to exclude intruders.
c. Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.
d. Defenses. It is an affirmative defense to prosecution under this section that:
(1) A structure involved in an offense under subsection a. was abandoned;
(2) The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; [or]
(3) The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer; or
(4) For purposes of a disorderly persons offense under subsection a. or a petty disorderly persons offense under subsection b., the person was 1:1 homeless at the time of the offense 1[, and] ;1 the offense was committed as a result of the person having been homeless 1; the person faced a clear and imminent danger, including, but not limited to, exposure to extreme outdoor temperatures; the person reasonably expected that entering or remaining in or upon the facility, structure, property, area, or place would abate the clear and imminent danger; and, the person had no legal alternative that would have abated the clear and imminent danger1 .
(cf: P.L.2013, c.138, s.2)
2. N.J.S.2C:52-3 is amended to read as follows:
2C:52-3. Disorderly persons offenses and petty disorderly persons offenses.
a. Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, may present an expungement application to the Superior Court pursuant to this section. Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has also been convicted of a prior or subsequent crime shall not be eligible to apply for an expungement pursuant to this section, but may present an expungement application to the Superior Court pursuant to N.J.S.2C:52-2.
b. Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or who has not been convicted of a disorderly persons or petty disorderly persons offense on more than two other occasions, may, after the expiration of a period of five years from the date of his most recent conviction, payment of fine, satisfactory completion of probation or release from incarceration for any disorderly persons or petty disorderly persons offense, whichever is later, present an expungement application to the Superior Court in the county in which the conviction for the most recent disorderly persons or petty disorderly persons offense was adjudged, which contains a duly verified petition as provided in N.J.S.2C:52-7 for the disorderly persons or petty disorderly persons conviction sought to be expunged, and which may also contain additional duly verified petitions for no more than two other convictions for disorderly persons or petty disorderly persons offenses, praying that the conviction, or convictions if applicable, and all records and information pertaining thereto be expunged. The petition for each conviction appended to an application shall comply with the requirements of N.J.S.2C:52-1 et seq.
Notwithstanding the provisions of the preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, when the court finds:
(1) less than five years has expired from the satisfaction of a fine, but the five-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; [or]
(2) at least three years have expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction; or
(3) the person had been previously convicted of a petty disorderly persons offense or a disorderly persons offense under subsections a. or b. of N.J.S.2C:18-3, and the court finds by a preponderance of the evidence that the person was homeless at the time of the offense, and that the offense was committed as a result of the person having been homeless.
In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person's age at the time of the offense, the person's financial condition and other relevant circumstances regarding the person's ability to pay.
(cf: P.L.2015, c.261, s.3)
3. (New section) The Attorney General, in consultation with the Director of the Division of Criminal Justice in the Department of Law and Public Safety and the Police Training Commission, shall develop and approve, as part of the police training courses required pursuant to P.L.1961 c.56 (C.52:17B-66 et seq.), training on 1the challenges faced by homeless persons, access to community-based assistance programs by homeless persons,1 the handling, response procedures, and investigation of cases concerning homelessness and trespass for the purpose of diverting these cases away from prosecution. This training shall be reviewed at least every two years and modified from time to time as need may require.
4. This act shall take effect immediately.
