Bill Text: NJ A489 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires forfeiture of public office upon conviction of fourth degree crime or higher; disqualifies person from future office upon conviction of fourth degree crime or higher or conviction of crime involving dishonesty.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Judiciary Committee [A489 Detail]
Download: New_Jersey-2012-A489-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman NELSON T. ALBANO
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman MATTHEW W. MILAM
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Requires forfeiture of public office upon conviction of fourth degree crime or higher; disqualifies person from future office upon conviction of fourth degree crime or higher or conviction of crime involving dishonesty.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning forfeiture of public office, amending N.J.S.2C:51-2 and P.L.2003, c.145 and supplementing Title 2C of the New Jersey Statutes.
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] fourth 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) Immediately upon a finding of guilt by the trier of fact or a plea of guilty entered in any court of this State 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
(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 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 or convicted under the laws of this State of an offense involving dishonesty or of a crime of the fourth degree or above or under the laws of another state or of the United States of an offense or crime which, if committed in this State, would be such an offense or crime 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. Section 3 of P.L.2003, c.145 (C.2C:51-2.1) is amended to read as follows:
3. [This act] P.L.2003,c.145 shall apply as follows:
a. Any person who forfeited or was disqualified from holding any public office, position, or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof, by a court of competent jurisdiction, prior to the effective date of [this act] P.L.2003, c.145 shall continue to be disqualified or continue to forfeit such office, position or employment.
b. Any person holding any public office, position, or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof, on the effective date of [this act] P.L.2003, c.145, shall be subject to disqualification or forfeiture of that public office, position, or employment only pursuant to N.J.S.2C:51-2 and not pursuant to a statute other than the criminal code.
(cf: P.L.2003, c.145, s.3)
3. (New section) a. The provisions of subsection a. of N.J.S.2C:51-2 concerning forfeiture of office for conviction of a crime of the fourth degree or above shall apply to a crime committed on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The provisions of subsection d. of N.J.S.2C:51-2 concerning disqualification from holding office or position of honor, trust or profit shall apply to offenses or crimes committed on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. This act shall take effect on the 90th day following enactment.
STATEMENT
N.J.S.2C:51-2 provides that a person holding any public office, position or employment must forfeit the office or position if he is: (1) convicted of an offense involving dishonesty; (2) convicted of a crime of the third degree or above; (3) convicted of an offense involving or touching his office, position or employment; or (4) if the Constitution so provides.
In addition to the forfeiture provisions set out in N.J.S.2C:51-2, the statute also provides that a person is permanently disqualified from holding any office or position of honor, trust or profit under this State or any of its administrative or political subdivisions if he has been convicted of an offense involving or touching on his public office, position or employment.
This bill would provide that a person must also forfeit his public office, position or employment if he is convicted of a crime of the fourth degree or above. The bill also provides that a person would be permanently disqualified from holding any office or position in the future if he has been convicted of an offense involving dishonesty or of a crime of the fourth degree or above.
The provisions of the bill concerning forfeiture of office for conviction of a crime of the fourth degree or above would apply to a crime committed on or after the effective date of the bill. Similarly, the provisions of the bill concerning disqualification from holding office or position of honor, trust or profit would apply to offenses or crimes committed on or after the effective date.
The bill also contains a technical amendment to section 3 of P.L.2003, c.145 (C.2C:51-2.1), clarifying that section's applicability to the 2003 enactment.
