Bill Text: NJ A5391 | 2026-2027 | Regular Session | Introduced
Bill Title: Creates Riot Related Property Destruction and Restitution Act.
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced) 2026-09-10 - Introduced, Referred to Assembly Judiciary Committee [A5391 Detail]
Download: New_Jersey-2026-A5391-Introduced.html
Sponsored by:
Assemblyman GERRY SCHARFENBERGER
District 13 (Monmouth)
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
Co-Sponsored by:
Assemblyman Kanitra
SYNOPSIS
Creates Riot Related Property Destruction and Restitution Act.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning riot related offenses, restitution, and civil remedies, amending N.J.S.2C:33-1 and N.J.S.2C:44-2, 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. (New section) P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "Riot Related Property Destruction and Restitution Act."
2. N.J.S.2C:33-1 is amended to read as follows:
2C:33-1. a. Riot. A person is guilty of riot if the person participates with four or more other persons in a course of disorderly conduct as defined in subsection a. of N.J.S.2C:33-2:
(1) With purpose to commit or facilitate the commission of a crime;
(2) With purpose to prevent or coerce official action; or
(3) When he or any other participant, known to him, [uses] attempts to use or plans to use a firearm or other deadly weapon.
Riot [if committed under circumstances set forth in paragraph (3) is a crime of the third degree. Otherwise riot] is a crime of the fourth degree.
b. Failure of disorderly persons to disperse upon official order. Where five or more persons are participating in a course of disorderly conduct as defined in subsection a. of N.J.S.2C:33-2 likely to cause substantial harm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a disorderly persons offense.
c. Public Brawl. A person is guilty of inciting a public brawl if:
(1) the person acts with purpose to incite a group of four or more other persons imminently to engage in a course of disorderly conduct as defined in subsections a. or d. of N.J.S.2C:33-2 or acts with purpose to produce such imminent course of disorderly conduct by a group of four or more persons; and
(2) the person's actions are likely to incite or produce such imminent course of disorderly conduct by a group of four or more persons.
Inciting a public brawl is a crime of the fourth degree if the person acts with purpose to incite or produce the course of disorderly conduct defined in subsection a. of N.J.S.2C:33-2; otherwise, it is a disorderly persons offense.
d. Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of inciting a public brawl pursuant to subsection b. of this section or a riot pursuant to subsection a. shall not merge with the conviction for any other offense [of riot pursuant to subsection a. of this section or disorderly conduct pursuant to subsections a. or d. of N.J.S.2C:33-2].
(cf: P.L.2025, c.59, s.1)
3. (New section) a. A person commits aggravated riot if the person participates in any unlawful assembly under N.J.S.2C:33-1 and one or more aggravating circumstances described in subsection b. of this section are present.
b. Aggravating circumstances are as follows:
(1) the unlawful assembly involves 25 or more persons;
(2) the unlawful assembly extends across multiple public streets, intersections, public facilities, commercial districts, or municipal boundaries;
(3) one or more persons possess or use firearms, destructive devices, incendiary devices, explosives, rocks, bricks, projectiles, or other dangerous instruments;
(4) one or more persons intentionally obstruct emergency responders, law enforcement officers, firefighters, emergency medical personnel, or public transit operations; and
(5) the defendant acted in a leadership, planning, organizing, recruiting, directing, financing, coordinating, or supervisory role.
c. Aggravated riot shall be graded as follows:
(1) a crime of the third degree if one aggravating circumstance is present;
(2) a crime of the second degree if two or more aggravating circumstances are present;
(3) a crime of the second degree if the defendant acted in a leadership, planning, organizing, recruiting, directing, financing, coordinating, or supervisory role under the circumstance set forth in paragraph (5) of subsection b. of this section that results in substantial property damage, bodily injury, or interruption of critical public services occurred.
d. Nothing in this section shall be construed to prohibit constitutionally protected speech, assembly, or expressive conduct that does not involve violence, threats of violence, or criminal conduct.
e. Nothing in this section shall preclude prosecution for any other offense arising from the same conduct. Notwithstanding the provisions of N.J.S.2C:1-8, a conviction for aggravated riot pursuant to this section shall not merge with a conviction for any other offense.
4. (New section) a. A person commits the offense of riot-related property destruction if:
(1) the person knowingly participates in a riot, public brawl, aggravated riot, or disorderly conduct involving four or more persons;
(2) during the course of the riot, public brawl, aggravated riot, or disorderly conduct, one or more participants commit criminal mischief, arson, burglary, theft, looting, vandalism, or other acts resulting in damage to public or private property; and
(3) the person knowingly participated in the broader violent or destructive conduct of the assembly and was aware that property destruction was occurring or was substantially certain to occur.
b. Grading riot-related property destruction offenses.
(1) Riot-related property destruction constitutes a crime of the fourth degree if the aggregate value of all property damage caused during the riot, public brawl, aggravated riot, or disorderly conduct in which the defendant knowingly participated is less than $2,000;
(2) Riot-related property destruction constitutes a crime of the third degree if the aggregate value of all property damage caused during the riot, public brawl, aggravated riot, or disorderly conduct in which the defendant knowingly participated is at least $2,000 but less than $75,000;
(3) Riot-related property destruction constitutes a crime of the second degree if the aggregate value of all property damage caused during the riot, public brawl, aggravated riot, or disorderly conduct in which the defendant knowingly participated is at least $75,000 but less than $500,000;
(4) Riot-related property destruction constitutes a crime of the first degree if the aggregate value of all property damage caused during the riot, public brawl, aggravated riot, or disorderly conduct in which the defendant knowingly participated equals or exceeds $500,000.
c. Nothing in this section shall preclude prosecution for any other offense arising from the same conduct. Notwithstanding the provisions of N.J.S.2C:1-8, a conviction for riot-related property destruction pursuant to this section shall not merge with a conviction for any other offense.
d. (1) In addition to any criminal penalty imposed pursuant to this section, any person convicted of riot-related property destruction shall be liable in a civil action brought by a person, business entity, governmental entity, or municipality that suffered damages as a result of the riot, public brawl, aggravated riot, or disorderly conduct.
(2) In an action brought pursuant to subsection e. of this section, a prevailing plaintiff may recover:
(a) the costs of repairing, restoring, or replacing damaged property;
(b) cleanup, debris removal, and remediation costs;
(c) lost revenue, business interruption losses, and other economic damages proximately caused by the offense;
(d) costs incurred as a result of temporary closure, relocation, or interruption of operations;
(e) reasonable attorney's fees and court costs; and
(f) any other compensatory damages proximately caused by the defendant's conduct.
(3) A conviction under this section shall constitute prima facie evidence that the defendant participated in the riot-related conduct giving rise to the damages alleged in a civil action brought pursuant to this section.
(4) The remedies provided pursuant to this section shall be in addition to, and shall not limit, any other right or remedy available under law.
5. N.J.S.2C:44-2 is amended to read as follows:
a. The court may sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation if:
(1) The defendant has derived a pecuniary gain from the offense or the court is of opinion that a fine is specially adapted to deterrence of the type of offense involved or to the correction of the offender;
(2) The defendant is able, or given a fair opportunity to do so, will be able to pay the fine; and
(3) The fine will not prevent the defendant from making restitution to the victim of the offense.
b. The court shall sentence a defendant to pay restitution in addition to a sentence of imprisonment or probation that may be imposed if:
(1) the victim, or in the case of a homicide, the nearest relative of the victim, suffered a loss; and
(2) the defendant is able to pay or, given a fair opportunity, will be able to pay restitution.
c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
(2) In determining the amount
and method of payment of restitution, the court shall take into account all
financial resources of the defendant, including the defendant's likely future
earnings, and shall set the amount of restitution so as to provide the victim
with the fullest compensation for loss that is consistent with the defendant's
ability to pay. The court shall not reduce a restitution award by any amount
that the victim has received from the Violent Crimes Compensation Board, but
shall order the defendant to pay any restitution ordered for a loss previously
compensated by the Board to the Violent Crimes Compensation Board. If
restitution to more than one person is set at the same time, the court shall
set priorities of payment.
d. Nonpayment.
(1) When a defendant is sentenced to pay a fine or make restitution, or both, the court shall not impose at the same time an alternative sentence to be served in the event that the fine or restitution is not paid. The response of the court to nonpayment shall be determined only after the fine or restitution has not been paid, as provided in section 2C:46-2.
(2) Notwithstanding paragraph (1) of this subsection, in any case in which a defendant is convicted of section 3 or 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), and is sentenced to a suspended sentence, probation, or any other noncustodial disposition and restitution is ordered, the court shall establish a restitution payment schedule enforceable as a condition of the sentence. A defendant's willful failure to comply with the payment schedule, absent good cause shown, shall constitute a violation of the conditions of sentencing and may serve as grounds for modification or revocation of noncustodial sentence in accordance with law.
e. Whenever the maximum potential fine which may be imposed on a conviction for an offense defined in the "Comprehensive Drug Reform Act of 1986," N.J.S.2C:35-1 et al. depends on the street value of the controlled dangerous substance or controlled substance analog involved and the court intends to impose a fine in excess of the maximum ordinary fine applicable to the offense for which defendant was convicted, and where the fine has not been agreed to pursuant to the provisions of N.J.S.2C:35-12, the court at the time of sentence shall determine the street value at the time and place of the offense based on the amount and purity of the controlled dangerous substance or controlled substance analog involved. The sentencing court's finding as to the street value may be based on expert opinion in the form of live testimony or by affidavit, or by such other means as the court deems appropriate. The court's finding as to street value shall not be subject to modification by an appellate court except upon a showing that the finding was totally lacking in support on the record or was arbitrary or capricious.
f. The ordering of restitution pursuant to this section shall not operate as a bar to the seeking of civil recovery by the victim based on the incident underlying the criminal conviction. Restitution ordered under this section is to be in addition to any civil remedy which a victim may possess, but any amount due the victim under any civil remedy shall be reduced by the amount ordered under this section to the extent necessary to avoid double compensation for the same loss, and the initial restitution judgment shall remain in full force and effect.
(cf: P.L.1991, c.329, s.6)
6. This act shall take effect
immediately.
STATEMENT
This bill establishes the "Riot Related Property Destruction and Restitution Act."
The bill creates the offense of riot-related property destruction and imposes criminal liability on a person who knowingly participates in a riot, public brawl, aggravated riot, or disorderly conduct during which property destruction occurs, provided the State proves that the person knowingly participated in the broader violent or destructive conduct of the gathering. The offense is graded based on the aggregate amount of property damage caused during the event, rather than the individual's specific contribution to the damage. The bill also establishes the offense of aggravated riot, which provides enhanced penalties based on factors including the presence or use of firearms and whether a person acted in a leadership or organizational role. Under the bill, the newly created offenses are not precluded from prosecution for any other offense arising from the same conduct and convictions under these newly created offenses are not to merge with a conviction for any other offense.
The bill further amends the law governing the imposition of fines and restitution to require full restitution for losses resulting from riot-related offenses. Restitution may include compensation for property damage, cleanup, and remediation costs, and other losses incurred by victims. The bill also creates a civil cause of action authorizing property owners, businesses, governmental entities, and municipalities to seek economic damages directly from persons convicted of riot-related property destruction. Recoverable damages may include the costs of repairing damaged property, cleanup and remediation expenses, lost revenue, business interruption losses, and other economic damages proximately caused by the offense. Plaintiffs may seek damages jointly and severally against any person convicted of riot-related property destruction.
Finally, the bill requires that any sentence of probation, suspended sentence, or other noncustodial disposition that includes an order of restitution provide for a court-enforceable restitution payment schedule. A defendant's willful failure to comply with the payment schedule may constitute a violation of sentencing and may serve as grounds for modification or revocation of the noncustodial sentence.
