Bill Text: NJ S2486 | 2016-2017 | Regular Session | Introduced
Bill Title: Upgrades criminal contempt under certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-09-08 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2486 Detail]
Download: New_Jersey-2016-S2486-Introduced.html
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
SYNOPSIS
Upgrades criminal contempt under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning contempt and amending N.J.S.2C:29-9.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S. 2C:29-9 is amended to read as follows:
2C:29-9. Contempt. a. A person is guilty of a crime of the [fourth] third degree if he purposely or knowingly disobeys a judicial order or protective order, pursuant to section 1 of P.L.1985, c.250 (C.2C:28-5.1), or hinders, obstructs or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing or controversy by a court, administrative body or investigative entity.
b. (1) Except as provided in paragraph (2) of this subsection, a person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.
Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this paragraph.
(2) In all other cases a person is guilty of a disorderly persons offense if that person purposely or knowingly violates an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States.
Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) or substantially similar orders entered under the laws of another state or the United States shall be excluded from the provisions of this paragraph.
c. A person is guilty of a crime of the third degree if that person purposely or knowingly violates any provision in an order entered under the provisions of section 3 of P.L.1996, c.39 (C.2C:12-10.1) or section 2 of P.L.1999, c.47 (C.2C:12-10.2) or an order entered under the provisions of a substantially similar statute under the laws of another state or the United States when the conduct which constitutes the violation could also constitute a crime or a disorderly persons offense.
d. A person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of P.L.2015, c.147 (C.2C:14-13 et al.).
As used in this section, "state" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by a federal law or formally acknowledged by a state.
(cf: P.L.2015, c.147, s.10)
2. This act shall take effect immediately.
STATEMENT
Currently, N.J.S.2C:29-9 provides that contempt is a crime of the fourth degree if a person purposely or knowingly disobeys a judicial order or protective order or hinders, obstructs or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person by a court, administrative body or investigative entity. In addition, the contempt statute provides for a range of penalties if a person violates a sexual offense protective order (fourth degree crime), a domestic violence protection order (ranging from a crime of the fourth degree to a disorderly persons offense depending on the type of order), or an anti-stalking order (ranging from a crime of the third degree to a disorderly persons offense).
This bill would upgrade contempt from a crime of the fourth degree to a crime of the third degree if a person purposely or knowingly disobeys a judicial order or protective order or hinders, obstructs or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person by a court, administrative body or investigative entity. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up $15,000, or both.
