Bill Text: NJ S2677 | 2018-2019 | Regular Session | Introduced


Bill Title: Establishes New Jersey Internet Criminal Information Registry.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-06-11 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2677 Detail]

Download: New_Jersey-2018-S2677-Introduced.html

SENATE, No. 2677

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JUNE 11, 2018

 


 

Sponsored by:

Senator  JAMES W. HOLZAPFEL

District 10 (Ocean)

 

 

 

 

SYNOPSIS

     Establishes New Jersey Internet Criminal Information Registry.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act establishing the New Jersey Internet Criminal Information Registry, supplementing Title 52 of the Revised Statutes and amending N.J.S.2C:64-6.

 

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

 

     1.    (New section)  a.  The Attorney General shall establish and maintain the New Jersey Internet Criminal Information Registry.  The purpose of the registry is to make available to the citizens of this State, through the creation of an online database, information relating to certain persons who are either incarcerated, on parole, or participating in a residential community release program in this State.

     b.    Information relating only to persons convicted of the following crimes shall be included on the registry:  murder pursuant to N.J.S.2C:11-3; aggravated manslaughter or manslaughter pursuant to N.J.S.2C:11-4; vehicular homicide pursuant to N.J.S.2C:11-5; disarming a law enforcement officer pursuant to subsection b. of section 1 of P.L.1996, c.14 (C.2C:12-11); kidnapping pursuant to N.J.S.2C:13-1, except for a conviction pursuant paragraph (2) of subsection c., or a conviction involving a minor and the person is not the parent of the victim; robbery pursuant to N.J.S.2C:15-1; carjacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2); aggravated arson  pursuant to paragraph (1) of subsection a. of N.J.S.2C:17-1; burglary pursuant to N.J.S.2C:18-2; extortion pursuant to subsection a. of N.J.S.2C:20-5; booby traps in manufacturing or distribution facilities pursuant to subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1); strict liability for drug induced deaths pursuant to N.J.S.2C:35-9; terrorism pursuant to section 2 of P.L.2002, c.26 (C.2C:38-2); producing or possessing chemical weapons, biological agents or nuclear or radiological devices pursuant to section 3 of P.L.2002, c.26 (C.2C:38-3); racketeering pursuant to N.J.S.2C:41-2, when it is a crime of the first degree; firearms trafficking pursuant to subsection i. of N.J.S.2C:39-9; or any crime of the first or second degree involving serious bodily injury.

     c.     The registry shall be subdivided into three categories and each category shall include the following information:

     (1)   for a person incarcerated for one of the crimes set forth in subsection b. of this section:  the inmate's name; sentence; place of incarceration;  parole eligibility or release date, as appropriate; and criminal history;

     (2)   for a person convicted of one of the crimes set forth in subsection b. of this section who is released on parole:  the parolee's name; sentence; address; parole discharge date; and criminal history; and

     (3)   for a person convicted of one of the crimes set forth in subsection b. of this section who is participating in a residential community release program: the inmate's name; sentence; address where the inmate is residing while participating in the program; release date; and criminal history.

     d.    The registry also may include the following information relating to persons convicted in another jurisdiction of a crime that is substantially similar to those set forth in subsection b., but who, pursuant to the Interstate Corrections Compact, P.L.1973, c.15 (C.30:7C-1 et seq.), are released on parole in this State:  the parolee's name; sentence; jurisdiction imposing that sentence; address; parole discharge date; and criminal history.

     e.     Upon release or discharge from parole, as the case may be, a person's name and all related information shall immediately be removed from the registry and no longer be available to the public.

     f.     The Attorney General may adopt guidelines to effectuate the purposes of this act. 

     g.    No action shall be brought against a real estate broker, broker-salesperson, salesperson, seller, or lessor for failure to investigate or disclose any information from the registry that is compiled or made available to the citizens of this State pursuant to this section.

 

     2.    N.J.S.2C:64-6 is amended to read as follows:

     2C:64-6      Disposal of Forfeited Property.  a.  Property which has been forfeited shall be destroyed if it can serve no lawful purpose or it presents a danger to the public health, safety, or welfare. All other forfeited property or any proceeds resulting from the forfeiture and all money seized pursuant to this chapter shall become the property of the entity funding the prosecuting agency involved and shall be disposed of, distributed, appropriated, and used in accordance with the provisions of this chapter. 

     The prosecutor or the Attorney General, whichever is prosecuting the case, shall divide the forfeited property, any proceeds resulting from the forfeiture or any money seized pursuant to this chapter with any other entity where the other entity's law enforcement agency participated in the surveillance, investigation, arrest, or prosecution resulting in the forfeiture, in proportion to the other entity's contribution to the surveillance, investigation, arrest, or prosecution resulting in the forfeiture, as determined in the discretion of the prosecutor or the Attorney General, whichever is prosecuting the case. Notwithstanding any other provision of law, such forfeited property and proceeds shall be used solely for law enforcement purposes, and shall be designated for the exclusive use of the law enforcement agency which contributed to the surveillance, investigation, arrest or prosecution resulting in the forfeiture. 

     The Attorney General is authorized to promulgate rules and regulations to implement and enforce the provisions of this act. 

     b.    For a period of two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.), [10%] 10 percent of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13). 

     c.     Beginning two years from the date of enactment of P.L.1993, c.227 (C.26:4-100.13 et al.) and in subsequent years, [5%] five percent of the proceeds obtained by the Attorney General under the provisions of subsection a. of this section shall be deposited into the Hepatitis Inoculation Fund established pursuant to section 2 of P.L.1993, c.227 (C.26:4-100.13). 

     d.    From the proceeds obtained under the provisions of subsection a. of this section, the Attorney General shall allocate the monies necessary to fund the actual costs of establishing and maintaining the New Jersey Internet Criminal Information Registry authorized under section 1 of P.L.    , c.    (C.          )(pending before the Legislature as this bill).

(cf: P.L.1993, c.227, s.1) 

 

     3.    This act shall take effect on the first day of the sixth month following enactment.

 

 

STATEMENT

 

     This bill directs the Attorney General to establish and maintain the New Jersey Internet Criminal Information Registry.  The names and information relating to persons who have been convicted of certain violent crimes would be placed on the registry and would be available to the public on the Internet. 

     A conviction of any one of the following crimes would result in a person's placement on the registry:  murder; aggravated manslaughter or manslaughter; vehicular homicide; disarming a law enforcement officer; kidnapping, except for convictions for which a person is required to register pursuant to Megan's law; robbery; carjacking; aggravated arson; burglary; extortion; booby traps in manufacturing or distribution facilities; strict liability for drug induced deaths; terrorism; producing or possessing chemical weapons, biological agents or nuclear or radiological devices; racketeering when it is a crime of the first degree; firearms trafficking; or any crime of the first or second degree involving serious bodily injury.

     The registry is to be subdivided into four categories:  inmates; parolees; inmates participating in residential community release programs; and persons convicted of a substantially similar violent crime in a different jurisdiction, but paroled in New Jersey under the Interstate Corrections Compact. 

     Registry information is to include the person's name, sentence, address or place of incarceration, release or parole discharge date, and criminal history.    

     The bill specifies that upon release or discharge from parole, the person's name and all related information is to be immediately removed from the registry and no longer be available to the public.  The bill also specifies that no action is to be brought against a real estate broker, broker-salesperson, salesperson, seller, or lessor for failure to investigate or disclose any information from the registry that is compiled or made available pursuant to the bill.

     Finally, the bill directs the Attorney General to use forfeiture funds to cover the costs of establishing and maintaining the registry.

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