Bill Text: NJ S559 | 2012-2013 | Regular Session | Introduced
Bill Title: Increases mandatory minimum term of imprisonment for certain repeat sex offenders.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S559 Detail]
Download: New_Jersey-2012-S559-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Increases mandatory minimum term of imprisonment for certain repeat sex offenders.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning criminal sentencing and amending N.J.S.2C:14-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:14-6 is amended to read as follows:
If a person is convicted of a second or subsequent offense under sections 2C:14-2 , 2C:14-3, or [2C:14-3a.] subsection b. of 2C:14-4, the sentence imposed under those sections for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of 2C:43-7, include a fixed minimum sentence of not less than [5 years] the maximum term of imprisonment applicable to the degree of the offense pursuant to subsection a. of N.J.S.2C:43-6 during which the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section. For the purpose of this section an offense is considered a second or subsequent offense, if the actor has at any time been convicted under sections 2C:14-2 , 2C:14-3, or [2C:14-3a.] subsection b. of 2C:14-4 or under any similar statute of the United States, this state, or any other state for an offense that is substantially equivalent to sections 2C:14-2 , 2C:14-3, or [2C:14-3a.] subsection b. of 2C:14-4. In the event of a conflict between this section and any other mandatory minimum sentencing provision, the greater mandatory minimum term of imprisonment shall apply.
(cf: N.J.S.2C:14-6)
2. This act shall take effect immediately.
STATEMENT
This bill requires that a person convicted of a second or subsequent sex offense be sentenced to a mandatory minimum term. Under the provisions of the bill, any person who is convicted of any second or subsequent crime of sexual assault, criminal sexual contact, or lewdness involving a minor would be required to be sentenced to the maximum ordinary sentence applicable to the degree of the crime without eligibility for parole.
Under current law, a person who is convicted of a second or subsequent crime of sexual assault or aggravated criminal sexual contact is subject to a minimum mandatory term of five years without eligibility for parole. This bill increases the mandatory minimum sentence and expands the number of crimes subject to mandatory minimum terms of imprisonment to include the third degree crime of criminal sexual assault and the fourth degree crime of lewdness if a minor or vulnerable adult is the victim.
Specifically, the bill provides for the following mandatory minimum terms of imprisonment in second or subsequent convictions of these crimes:
· 20 years for aggravated sexual assault under subsection a. of N.J.S.2C:14-2 (a crime of the first degree);
· 10 years for sexual assault under subsections b. or c. of N.J.S.2C:14-2 (a crime of the second degree);
· Five years for aggravated criminal sexual contact under subsection a. of N.J.S.2C:14-3 (a crime of the third degree);
· 18 months for criminal sexual contact under subsection b. of N.J.S.2C:14-3 (a crime of the fourth degree); and
· 18 months for lewdness under subsection b. of N.J.S.2C:14-4 (a crime of the fourth degree).
It is not the sponsor's intent that this provision reduce the applicable sentence for a sex offender. Therefore, the bill includes language to specify that in the event of a conflict between the section law amended by this bill and another mandatory minimum sentencing provision, the greater mandatory minimum shall apply.
