Bill Text: NJ S2267 | 2012-2013 | Regular Session | Introduced
Bill Title: Imposes mandatory education requirements and additional penalties for persons convicted of engaging a prostitute; establishes the "Offender Education Program;" requires HIV testing for offender.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2012-10-15 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2267 Detail]
Download: New_Jersey-2012-S2267-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator NIA H. GILL
District 34 (Essex and Passaic)
SYNOPSIS
Imposes mandatory education requirements and additional penalties for persons convicted of engaging a prostitute; establishes the "Offender Education Program;" requires HIV testing for offender.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning prostitution, amending N.J.S.2C:34-1 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:34-1 is amended to read as follows:
2C:34-1. Prostitution and Related Offenses.
a. As used in this section:
(1) "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.
(2) "Sexual activity" includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.
(3) "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.
(4) "Promoting prostitution" is:
(a) Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;
(b) Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;
(c) Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;
(d) Soliciting a person to patronize a prostitute;
(e) Procuring a prostitute for a patron;
(f) Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or
(g) Knowingly leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.
b. A person commits an offense if:
(1) The actor engages in prostitution;
(2) The actor promotes prostitution;
(3) The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;
(4) The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible;
(5) The actor compels another to engage in or promote prostitution;
(6) The actor promotes prostitution of the actor's spouse; or
(7) The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable.
c. Grading of offenses under subsection b.
(1) An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (3) or (4) of that subsection.
(2) An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5), (6) or (7) of that subsection.
(3) An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), or (c) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.
(4) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree. In addition, where a motor vehicle was used in the commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver's license issued by this State. Upon conviction, the court shall immediately collect the offender's driver's license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle Commission.
d. Presumption from living off prostitutes. A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution.
e. It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or the defendant was under the age of 18.
f. In addition to any other disposition authorized by the court which may be imposed pursuant to the provisions of Title 2C of the New Jersey Statutes, the court shall order a person convicted of engaging a prostitute pursuant to paragraph (1) of subsection b. of this section to participate in the "Offender Education Program," established pursuant to section 4 of P.L. ,c. (C. )(pending before the Legislature as section 4 of this bill).
(cf: P.L. 2011, c.195, s.6)
2. (New section) a. In addition to any fine, fee, assessment or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, a person convicted of an offense of engaging a prostitute under paragraph (1) of subsection b. of N.J.S.2C:34-1 shall be assessed a penalty of $250 for the first offense; $500 for the second offense; $1,000 for the third offense; and $2,000 for the fourth or subsequent offense.
b. All penalties provided for in this section, collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) shall be forwarded to the Department of the Treasury to be deposited in the "Offender Education Program Fund" established pursuant to section 3 of P.L. , c. (C. )(pending before the Legislature as section 3 of this bill).
3. (New section) There is hereby established the "Offender Education Program Fund" a separate, non-lapsing, dedicated fund in the General Fund. This fund shall be administered by the Administrative Office of the Courts and dedicated to the development, establishment, operation and maintenance of the "Offender Education Program" created pursuant to section 4 of P.L. , c. (C. )(pending before the Legislature as section 4 of this bill).
4. (New section) a. There is hereby established an education program to be known as the "Offender Education Program."
b. The program shall be administered by the Administrative Office of the Courts.
c. The program shall educate defendants convicted of engaging a prostitute pursuant to paragraph (1) of subsection b. of N.J.S.2C:34-1 about the risks involved in their unlawful activity. The program shall inform defendants of the health risks connected with the crime of prostitution, including the risk of transmittable diseases, the legal ramifications for defendants of their unlawful activity, the terms of imprisonment for subsequent offenses and the correlation between prostitution and human trafficking.
5. a. In addition to any other disposition made pursuant to P.L. law, a court shall order a person convicted of, indicted for or formally charged with, or a juvenile charged with delinquency or adjudicated delinquent for an act which if committed by an adult would constitute, engaging in prostitution under paragraph (1) of subsection b. of N.J.S.2C:34-1 to submit to an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS. The court shall issue such an order upon application of the prosecutor made at the time of indictment, charge, conviction or adjudication of delinquency. The person or juvenile shall be ordered by the court to submit to such repeat or confirmatory tests as may be medically necessary.
As used in this section, "formal charge" includes a proceeding by accusation in the event that the defendant has waived the right to an indictment.
b. A court order issued pursuant to subsection a. of this section shall require testing to be performed as soon as practicable by the Commissioner of the Department of Corrections pursuant to authority granted to the commissioner by sections 6 and 10 of P.L.1976, c.98 (C.30:1B-6 and 30:1B-10), by a provider of health care, at a health facility licensed pursuant to section 12 of P.L.1971, c.136 (C.26:2H-12) or the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170).
d. In addition to any other disposition authorized, a court may order an offender at the time of sentencing to reimburse the State for the costs of the tests ordered by subsection a. of this section.
e. The result of a test ordered pursuant to subsection a. of this section shall be confidential and employees of the Department of Corrections, the Juvenile Justice Commission, a health care provider, health care facility or counseling service shall not disclose the result of a test performed pursuant to this section except as authorized herein or as otherwise authorized by law or court order. The provisions of this section shall not be deemed to prohibit disclosure of a test result to the person tested.
f. Persons who perform tests ordered pursuant to subsection a. of this section in accordance with accepted medical standards for the performance of such tests shall be immune from civil and criminal liability arising from their conduct.
g. This section shall not be construed to preclude or limit any other testing for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS which is otherwise permitted by statute, court rule or common law.
6. This act shall take effect immediately.
STATEMENT
This bill would require a person who is convicted of engaging a prostitute to participate in a new "Offender Education Program" established under the bill.
The program would be administered by the Administrative Office of the Courts. The program would educate defendants who have been convicted of engaging a prostitute, more commonly referred to as "johns," about the risks involved in their unlawful activity. The program would inform these defendants of the health risks connected with the crime, including the risk of transmittable diseases, the legal ramifications for offenders of their unlawful activity, the terms of imprisonment for subsequent offenses and the correlation between prostitution and human trafficking.
Under the provisions of the bill, the defendant would be assessed a penalty of $250 for the first offense; $500 for the second offense; $1,000 for the third offense; and $2,000 for the fourth or subsequent offense. This money would be forwarded to the Department of the Treasury to be deposited in the "Offender Education Program Fund." The monies in the fund would be dedicated to the development, establishment, operation and maintenance of the "Offender Education Program." This section of the bill is modeled after similar "john school" programs which are based on the concept of penalizing the people who obtain sexual relations in return for payment. This concept which targets the clients and not the prostitutes is often referred to as the "Swedish model." Similar "john school" programs have been implemented in Buffalo, New York; Brooklyn, New York; Pittsburgh, Pennsylvania; and West Palm Beach, Fla.
In addition, the bill would require the person convicted of, indicted for or formally charged with, or a juvenile charged with delinquency or adjudicated delinquent for an act which if committed by an adult would constitute, engaging in prostitution under paragraph (1) of subsection b. of N.J.S.2C:34-1 to submit to an approved serological test for acquired immune deficiency syndrome (AIDS) or infection with the human immunodeficiency virus (HIV) or any other related virus identified as a probable causative agent of AIDS. The court shall issue such an order upon application of the prosecutor made at the time of indictment, charge, conviction or adjudication of delinquency. The person or juvenile shall be ordered by the court to submit to such repeat or confirmatory tests as may be medically necessary. This section of the bill is similar to the provisions of section 4 of P.L. 1993, c.364 (C.2C:43-2.2) which authorizes HIV testing for defendants convicted of, indicted for or formally charged with aggravated sexual assault or sexual assault.
