Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Morris and Somerset)
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Establishes civil penalty for certain unlawful conduct.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning unlawful conduct and supplementing Title 2B of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to act in a manner likely to endanger a person or property.
b. A person who violates this act shall be subject to a civil penalty of not less than $50 or more than $150.
c. A person convicted of a second violation of this act shall be subject to a civil penalty of not less than $100 or more than $250.
d. A person convicted of a third or subsequent violation of this act shall be subject to a civil penalty of not less than $200 or more than $500.
e. A violation of this act is not a crime, disorderly persons or petty disorderly persons offense within the meaning of the New Jersey Code of Criminal Justice or the Constitution of this State. There shall be no right to indictment by a grand jury nor any right to trial by jury on such violations. Conviction of such violations shall not give rise to any disability or legal disadvantage based on conviction of a crime, disorderly persons or petty disorderly persons offense.
f. Penalties imposed under this act shall be recovered in a civil action pursuant to "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court shall have jurisdiction to enforce this act.
g. All penalties collected shall be forwarded to the State Treasurer for deposit into the General Fund.
2. This act shall take effect immediately and shall apply to offenses committed on or after the effective date.
STATEMENT
This bill creates the new offense of unlawful conduct. Under the bill, it would be unlawful for a person to act in a manner likely to endanger a person or property. The bill imposes civil penalties ranging from $50 to $500 for violations.
Under the bill, a person found by the municipal court to have violated the act would not be guilty of a crime, disorderly persons or petty disorderly persons offense within the meaning of the criminal code or the New Jersey Constitution. A violation would not give rise to any disability or legal disadvantage based on conviction of a crime, disorderly persons or petty disorderly persons offense.
A person who violates the act would be required to pay a civil penalty, but would not be convicted of any criminal offense and would not have a criminal record.
Penalties imposed under the bill would be recovered in a civil action pursuant to "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court would have jurisdiction. All penalties collected would be forwarded to the State Treasurer for deposit into the General Fund.
It is the intent of the sponsor that municipal prosecutors could use this new offense as a tool in plea bargaining in appropriate cases, including cases where the defendant was charged with a disorderly persons or petty disorderly persons offense.
The bill is similar to section 1 of P.L.2000, c.75 (C.39:4-97.2) which created the "unsafe driving" offense. The 2000 enactment provides for fines for violations, but no motor vehicle points. Sections 2 and 3 of the 2000 enactment, C.2B:25-11 and C.2B:25-12, supplemented Title 2B to clarify that a municipal prosecutor may recommend to the court to accept a plea to a lesser or other offense and to make a motion to amend the original charge. These provisions would be applicable to the new offense of unlawful conduct created by this bill.