Bill Text: NJ S4130 | 2018-2019 | Regular Session | Introduced
Bill Title: Criminalizes throwing water at law enforcement officer.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-10-24 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S4130 Detail]
Download: New_Jersey-2018-S4130-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
SYNOPSIS
Criminalizes throwing water at law enforcement officer.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain assaults against law enforcement officers 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. A person who throws or sprays water or any other substance at a law enforcement officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of the officer's authority, or because of the officer's status as a law enforcement officer, commits aggravated assault. If the law enforcement officer suffers bodily injury, this shall be a crime of the third degree. Otherwise, this shall be a crime of the fourth degree. A term of imprisonment imposed for this offense shall run consecutively to any term of imprisonment currently being served and to any other term imposed for another offense committed at the time of the assault. Nothing in this section shall be deemed to preclude, if the evidence warrants, an indictment and conviction for a violation or attempted violation of chapter 11 of Title 2C of the New Jersey Statutes, subsection b. of N.J.S.2C:12-1, or any other provision of the criminal law.
2. This act shall take effect immediately.
STATEMENT
This bill makes it a crime to throw or spray water at a law enforcement officer while that officer is performing his or her duties.
Specifically, this bill makes it a crime of the third degree if a law enforcement officer suffers bodily injury when water or any other substance is thrown or sprayed at the officer while acting in the performance of his or her duties while in uniform or exhibiting evidence of his or her authority, or because of the officer's status as a law enforcement officer. Third degree crimes generally are punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. Under the bill, it is a crime of the fourth degree if the officer does not suffer bodily injury. Fourth degree crimes generally are punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.
If a term of imprisonment is imposed under the bill, that term is to run consecutively to any term of imprisonment the defendant currently is serving or a term imposed on the defendant for another offense committed at the time of the assault.
A person convicted under the bill is not precluded from being convicted of criminal homicide, aggravated assault, or any other criminal offense.
