Bill Text: NJ S4144 | 2022-2023 | Regular Session | Introduced
Bill Title: Expands protection against bias intimidation to include political affiliation or belief.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-11-30 - Introduced in the Senate, Referred to Senate Judiciary Committee [S4144 Detail]
Download: New_Jersey-2022-S4144-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Expands protection against bias intimidation to include political affiliation or belief.
CURRENT VERSION OF TEXT
As introduced.
An Act expanding protections against bias intimidation, and amending P.L.1993, c.137, and N.J.S.2C:16-1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:16-1 is amended to read as follows:
2C:16-1. Bias intimidation.
a. Bias Intimidation. A person is guilty of the crime of bias intimidation if [he] the person commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:28-4; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-5,
(1) with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or political affiliation or belief; or
(2) knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or political affiliation or belief.[; or]
(3) [under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity, or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
b. Permissive inference concerning selection of targeted person or property. Proof that the target of the underlying offense was selected by the defendant, or by another acting in concert with the defendant, because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or political affiliation or belief shall give rise to a permissive inference by the trier of fact that the defendant acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or political affiliation or belief.
c. Grading. Bias intimidation is a crime of the fourth degree if the underlying offense referred to in subsection a. is a disorderly persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime referred to in subsection a., except that where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years.
d. Gender exemption in sexual offense prosecutions. It shall not be a violation of subsection a. if the underlying criminal offense is a violation of chapter 14 of Title 2C of the New Jersey Statutes and the circumstance specified in paragraph (1), (2) or (3) of subsection a. of this section is based solely upon the gender of the victim.
e. Merger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for bias intimidation shall not merge with a conviction of any of the underlying offenses referred to in subsection a. of this section, nor shall any conviction for such underlying offense merge with a conviction for bias intimidation. The court shall impose separate sentences upon a conviction for bias intimidation and a conviction of any underlying offense.
f. Additional Penalties. In addition to any fine imposed pursuant to N.J.S.2C:43-3 or any term of imprisonment imposed pursuant to N.J.S.2C:43-6, a court may order a person convicted of bias intimidation to one or more of the following:
(1) complete a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights;
(2) complete a counseling program intended to reduce the tendency toward violent and antisocial behavior; and
(3) make payments or other compensation to a community-based program or local agency that provides services to victims of bias intimidation.
g. As used in this section "gender identity or expression" means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth.
h. It shall not be a defense to a prosecution for a crime under this section that the defendant was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or political affiliation or belief of the victim.
(cf. P.L.2020, c.73, s.1)
2. Section 1 of P.L.1993, c.137 (C.2A:53A-21) is amended to read as follows:
1. a. A person, acting with purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or political affiliation or belief, who engages in conduct that is an offense under the provisions of the "New Jersey Code of Criminal Justice," Title 2C of the New Jersey Statutes, commits a civil offense.
b. Any person who sustains injury to person or property as a result of a violation of subsection a. shall have a cause of action against the person or persons who committed the civil offense resulting in the injury. In the case of a homicide committed in violation of subsection a., the estate of the deceased shall have a cause of action. Nothing in this subsection shall be construed to preclude the parent or legal guardian of a person who has sustained injury as a result of a violation of subsection a. from initiating a civil action on behalf of a minor child or ward.
c. The Attorney General, as parens patriae, may initiate a cause of action against any person who violates subsection a. of this section on behalf of any person or persons who have sustained injury to person or property as a result of the commission of the civil offense.
d. Upon proof, by a preponderance of the evidence, of a defendant's violation of subsection a. of this section and of resulting damages, the defendant shall be liable as follows:
(1) To the person or persons injured, for an award in the amount of damages incurred as a result of the commission of the civil offense, including damages for any emotional distress suffered as a result of the civil offense, such punitive damages as may be assessed, and any reasonable attorney's fees and costs of suit incurred;
(2) To the State, in any case in which the Attorney General has participated, reasonable attorney's fees and costs of investigation and suit;
(3) Such injunctive relief as the court may deem necessary to avoid the defendant's continued violation of subsection a.;[ and]
(4) Any additional appropriate equitable relief, including restraints to avoid repeated violation[.]; and
(5) If the civil offense was committed because of a victim's political affiliation or belief, any amount of damages awarded shall be doubled; and if committed during a period from the date of the filing deadline for petitions for candidacy for public office specified in R.S.19:23-14 to the date of the general election, any amount of damages awarded shall be trebled.
e. An award entered pursuant to paragraph (1) of subsection d. of this section shall be reduced by the amount of any restitution that has been awarded for the same injury following criminal conviction or juvenile adjudication, and, notwithstanding the provisions of paragraph (1) of subsection d., damages awarded for injuries that have previously been compensated by the Victims of Crime Compensation Agency shall be paid to the agency for deposit in the Violent Crimes Compensation Board Account.
f. All fees and costs assessed for the benefit of the State pursuant to paragraph (2) of subsection d. of this section shall be paid to the State Treasurer for deposit in the Civil Rights Enforcement Fund established pursuant to section 2 of P.L.1993, c.137 (C.2A:53A-22).
g. The parent or guardian of a juvenile against whom an award has been entered pursuant to paragraph (1) of subsection d. of this section shall be liable for payment only if the parent has been named as a defendant and it has been established, by a preponderance of the evidence, that the parent or guardian's conduct was a significant contributing factor in the juvenile's commission of the offense.
(cf. P.L.2007, c.303, s.2)
3. This act shall take effect immediately.
STATEMENT
This bill amends the bias intimidation criminal statute to include protection for political affiliation or belief, and amends the bias victims civil statute to provide a civil cause of action for the same.
The bill makes bias intimidation on the basis of political affiliation or belief prosecutable along with the existing bases of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. Bias intimidation is a charge that is in addition to an underlying crime or offense. Bias intimidation is a crime of the fourth degree if the underlying offense is a disorderly persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime, except that where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime and the defendant upon conviction thereof may be sentenced to a term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years.
The bill also adds political affiliation or belief as a basis for a victim's civil cause of action, alongside the existing bases of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. Under existing law, a conviction for bias intimidation or an underlying crime is not necessary for a civil suit. Under the bill, if the civil offense was committed because of a victim's political affiliation or belief, any amount of damages awarded shall be doubled; and if committed during a period from the date of the filing deadline for petitions for candidacy for public office specified in N.J.S.A.19:23-14 to the date of the general election, any amount of damages awarded shall be tripled.
Finally, the bill deletes paragraph 3 of subsection a. of the bias intimidation criminal statute, as that paragraph was held to be unconstitutional by the Supreme Court in State v. Pomianek, 221 N.J. 66 (2015).
