New Jersey-2012-S655-Introduced

An Act concerning the distribution of controlled dangerous substances within 1,000 feet of a playground and amending P.L.1997, 327.

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

1. Section 1 of P.L.1997, c.327 (C.2C:35-7.1) is amended to read as follows:

1. a. Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while in, on or within [500] 1,000 feet of the real property comprising a playground, a public housing facility, a public park, or a public building is guilty of a crime of the second degree, except that it is a crime of the third degree if the violation involved less than one ounce of marijuana.

b. It shall be no defense to a prosecution for violation of this section that the actor was unaware that the prohibited conduct took place while on or within [500] 1,000 feet of a playground, a public housing facility, a public park, or a public building. Nor shall it be a defense to a prosecution under this section that no juveniles were present on the playground at the time of the offense.

c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for a violation of subsection a. of N.J.S.2C:35-5 (manufacturing, distributing or dispensing) or N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme). Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of N.J.S.2C:35-7 or any other offense defined in this chapter.

d. It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct did not involve distributing, dispensing or possessing with the intent to distribute or dispense any controlled dangerous substance or controlled substance analog for profit, and that the prohibited conduct did not involve distribution to a person 17 years of age or younger. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.

e. In a prosecution under this section, a map produced or reproduced by any municipal or county engineer for the purpose of depicting the location and boundaries of the area on or within [500] 1,000 feet of a public housing facility which is owned by or leased to a housing authority according to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.), the area in or within [500] 1,000 feet of a playground, a public park, or the area in or within [500] 1,000 feet of a public building, or a true copy of such a map, shall, upon proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the governing body of the municipality or county has adopted a resolution or ordinance approving the map as official finding and record of the location and boundaries of the area or areas on or within [500] 1,000 feet of a playground, a public housing facility, a public park, or a public building. Any map approved pursuant to this section may be changed from time to time by the governing body of the municipality or county. The original of every map approved or revised pursuant to this section, or a true copy thereof, shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. Nothing in this section shall be construed to preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense; nor shall this section be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the governing body of a municipality or county, provided that the map or diagram is otherwise admissible pursuant to the Rules of Evidence.

f. As used in this act:

"Playground" means any land owned or operated by the State, a county, a municipality, a school district, a private school or licensed child care center, used for, and usually equipped with, facilities for recreation especially but not necessarily solely for children.

"Public housing facility" means any dwelling, complex of dwellings, accommodation, building, structure or facility and real property of any nature appurtenant thereto and used in connection therewith, which is owned by or leased to a local housing authority in accordance with the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.) for the purpose of providing living accommodations to persons of low income.

"Public park" means a park, recreation facility or area [or playground] owned or controlled by a State, county or local government unit.

"Public building" means any publicly owned or leased library or museum.

(cf: P.L.1997, c.327, s.1)

2. This act shall take effect immediately.

STATEMENT

Under current law, it is a crime of the second degree under the provisions of P.L.1997 c.327 (N.J.S.2C:35-7.1) for any person to distribute, dispense or possess drugs in, on or within 500 feet of a public housing facility, a public park or a public building.

This bill would amend that section to enlarge the drug free zone to 1,000 feet and to include an expanded definition of playgrounds within those protected areas. The bill also provides that lack of children present on the playground at the time of the offense does not constitute a defense to a prosecution.

The bill defines "playground" as any land owned or operated by the State, a county, a municipality, a school district or a private school or licensed child care center, used for, and usually equipped with facilities for recreation, especially but not solely for children. The bill also amends the existing definition of "public park" to remove the reference therein to "playgrounds" as those public playgrounds would be included in the new, broader definition.