Bill Text: NJ A545 | 2010-2011 | Regular Session | Introduced


Bill Title: Requires public officers or employees convicted of certain crimes or found at fault in certain civil actions to reimburse public entities for legal expenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly State Government Committee [A545 Detail]

Download: New_Jersey-2010-A545-Introduced.html

ASSEMBLY, No. 545

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblywoman  AMY H. HANDLIN

District 13 (Middlesex and Monmouth)

 

 

 

 

SYNOPSIS

     Requires public officers or employees convicted of certain crimes or found at fault in certain civil actions to reimburse public entities for legal expenses.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act requiring public officers or employees convicted of certain crimes or found at fault in certain civil actions to reimburse public entities for legal expenses and supplementing P.L.2007, c.49 (C.43:1-3.1 et al.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  a.  Notwithstanding the provisions of any other law to the contrary, any person who serves or has served as a public officer or employee under the government of this State, or any political subdivision thereof:

     who is convicted of a crime that involves or touches that office or employment shall be liable to the Attorney General, county prosecutor, or United States Attorney, as appropriate, for the cost of prosecution and, if that person receives legal representation at public expense, shall be liable to the public entity that paid for the representation for the cost thereof, except for the cost of representation by the Office of the Public Defender pursuant to N.J.S.2A:158A-2 et seq. unless the cost of services is recoverable under that act; or

     who is determined by a court of competent jurisdiction to have been at fault in any civil matter that involves or touches that office or employment and who has received legal representation in connection with that matter at public expense, shall be liable to the public entity that paid for the representation for the cost thereof.

     b. Notwithstanding the provisions of any other law to the contrary, the retirement benefit or pension contributions, as appropriate, of any person liable to a public entity pursuant to subsection a. of this section shall be subject to garnishment, attachment or other process in order to satisfy the liability or to pay any fine imposed at sentencing.

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that any person who serves or has served as a public officer or employee under the government of this State, or any political subdivision thereof, who is convicted of a crime that involves or touches that office or employment will be liable to the Attorney General, county prosecutor, or United States Attorney, as appropriate, for the cost of prosecution and, if that person receives legal representation at public expense, will be liable to the public entity that paid for the representation for the cost thereof, except representation by the Office of the Public Defender pursuant to N.J.S.2A:158A-2 et seq. unless the cost of services is recoverable under that act.  It also provides that any such person who is determined by a court of competent jurisdiction to have been at fault in any civil matter that involves or touches that office or employment and who has received legal representation in connection with that matter at public expense, will be liable for the cost of that representation.  In addition, the retirement benefit or pension contributions, as appropriate, of any person liable to a public entity pursuant to the bill will be subject to garnishment, attachment or other process in order to satisfy the liability or to pay any fine imposed at sentencing.

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