Bill Text: NJ S706 | 2020-2021 | Regular Session | Introduced
Bill Title: Establishes crime of initiating a false "Amber Alert."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S706 Detail]
Download: New_Jersey-2020-S706-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Establishes crime of initiating a false "Amber Alert."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning false reports to law enforcement authorities and amending N.J.S.2C:28-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:28-4 is amended to read as follows:
2C:28-4. a. Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree.
b. Fictitious reports. [A] Except as provided in subsection c., a person commits a disorderly persons offense if [he] the actor:
(1) Reports or causes to be reported to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or
(2) Pretends to furnish or causes to be furnished such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.
c. A person who violates subsection b. of this section is guilty of a crime of the fourth degree if the false information or report provided to law enforcement:
(1) concerns a missing person; and
(2) leads to the implementation of a public alert pursuant to "Amber's Plan," P.L.2002, c.129 (C.52:17B-194.1 et seq.).
(cf: P.L.1978, c.95)
2. This act shall take effect immediately.
STATEMENT
This bill establishes the crime of initiating a false "Amber Alert warning. An "Amber Alert" is a public alert used by law enforcement to alert the public to what is believed to be a recent child abduction.
Under the bill, a person commits a crime of the fourth degree when they knowingly provide false or fictitious information to a law enforcement agency concerning a missing person, which leads to the implementation of a public alert pursuant to "Amber's Plan," P.L.2002, c.129 (C.52:17B-194.1 et seq.). A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months or a fine of up to $10,000, or both.
"Amber's Plan" establishes a
protocol, in the event of what is believed to be a child abduction, for law
enforcement to contact the
media, the Department of Transportation, the New Jersey Highway Authority, the New Jersey Turnpike Authority and the South Jersey Transportation Authority. The department, authorities and media alert the public to details concerning the missing child. Therefore, a false report of a missing child resulting in an erroneous "Amber Alert" can lead to significant waste of resources, law enforcement capability, and may undermine the effectiveness of future "Amber Alerts."
