Bill Text: NJ S2639 | 2020-2021 | Regular Session | Introduced
Bill Title: Temporarily upgrades certain offenses against persons during Public Health Emergency and State of Emergency declared by Governor's Executive Order 103 of 2020 concerning coronavirus pandemic.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-06-30 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2639 Detail]
Download: New_Jersey-2020-S2639-Introduced.html
Sponsored by:
Senator JOSEPH PENNACCHIO
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Temporarily upgrades certain offenses against persons during Public Health Emergency and State of Emergency declared by Governor's Executive Order 103 of 2020 concerning coronavirus pandemic.
CURRENT VERSION OF TEXT
As introduced.
An Act temporarily upgrading certain offenses against persons during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, to the contrary, all of the following crimes, disorderly persons offenses, and petty disorderly persons offenses as set forth throughout various chapters of that Title, committed during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic, shall be upgraded as set forth in subsection b. of this section. These crimes, disorderly persons offenses, and petty disorderly persons offenses are set forth in:
(1) chapter 11, Criminal Homicide;
(2) chapter 12, Assault; Reckless Endangering; Threats;
(3) chapter 13, Kidnapping and Related Offenses: Coercion;
(4) chapter 14, Sexual Offenses; and
(5) chapter 15, Robbery.
b. During the declared emergency:
(1) Any petty disorderly persons offense set forth in the chapters described in subsection a. of this section constitutes a disorderly persons offense;
(2) Any disorderly persons offense set forth in the chapters described in subsection a. of this section constitutes a crime of the fourth degree; and
(3) Any crime set forth in the chapters described in subsection a. of this section shall be classified one degree higher, provided that with respect to a crime of the first degree, that crime remains a crime of the first degree, but a person convicted for that degree of crime shall be sentenced to a term of imprisonment that shall include a mandatory minimum term of one-third to one-half of the sentence imposed, during which time the person shall not be eligible for parole, unless a greater mandatory minimum with parole ineligibility for that particular crime is set forth in the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, in which case the greater sentence shall apply.
c. This section shall expire upon the declared end to the Public Health Emergency and State of Emergency first declared by the Governor in Executive Order 103 of 2020, except to the extent necessary for its application in prosecuting and sentencing persons who are guilty of any crimes, disorderly persons offenses, and petty disorderly persons offenses as set forth in subsection a. of this section.
2. This act shall take effect immediately.
STATEMENT
This bill would temporarily upgrade certain offenses against persons during the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the coronavirus disease 2019 pandemic. Specifically, all crimes, disorderly persons offenses, and petty disorderly persons offenses appearing in the following chapters of the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, would be upgraded:
(1) chapter 11, Criminal Homicide;
(2) chapter 12, Assault; Reckless Endangering; Threats;
(3) chapter 13, Kidnapping and Related Offenses: Coercion;
(4) chapter 14, Sexual Offenses; and
(5) chapter 15, Robbery.
During the declared emergency, a petty disorderly persons offense would constitute a disorderly persons offense, and the latter would constitute a crime of the fourth degree. A crime of the fourth, third, or second degree would be classified one degree higher. A crime of the first degree would remain so, but a person convicted for that degree of crime would be sentenced to a term of imprisonment that would include a mandatory minimum term of one-third to one-half of the sentence imposed, during which time the person would not be eligible for parole, unless a greater mandatory minimum with parole ineligibility for that particular crime was set forth in the "New Jersey Code of Criminal Justice," in which case that greater sentence would apply.
Concerning the sentencing for crimes, and disorderly persons and petty disorderly persons offenses, the ordinary sentences are:
-Petty disorderly persons offense: term of imprisonment of up to 30 days, fine of up to $500, or both;
-Disorderly persons offense: term of imprisonment of up to six months, fine of up to $1,000, or both;
-Fourth degree crime: term of imprisonment up to 18 months, fine of up to $10,000, or both;
-Third degree crime: term of imprisonment of three to five years, fine of up to $15,000, or both;
-Second degree crime: term of imprisonment of five to 10 years, fine of up to $150,000, or both; and
-First degree crime: term of imprisonment of 10 to 20 years, fine of up to $200,000, or both.
