Bill Text: NJ S83 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires fingerprinting for certain disorderly persons offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Judiciary Committee [S83 Detail]
Download: New_Jersey-2012-S83-Introduced.html
Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Requires fingerprinting for certain disorderly persons offenses.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning fingerprinting and amending R.S.53:1-15.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.53:1-15 is amended to read as follows:
53:1-15. The sheriffs, chiefs of police, members of the State Police and any other law enforcement agencies and officers shall, immediately upon the arrest of any person for an indictable offense, or for any of the grounds specified in paragraph (1), (2), (3) or (4) of subsection a. of section 5 of P.L.1991, c.261 (C.2C:25-21) or of any person believed to be wanted for an indictable offense, or believed to be an habitual criminal, or within a reasonable time after the filing of a complaint by a law enforcement officer charging any person with an indictable offense, or upon the arrest of any person for shoplifting, pursuant to N.J.S.2C:20-11, or upon the arrest of any person for prostitution, pursuant to N.J.S.2C:34-1, or upon the arrest of any person for misuse of food stamp coupons pursuant to section 3 of P.L.1993, c.13 (C.2C:20-37), or upon the arrest for any person for unauthorized transfer of police badges pursuant to section 1 of P.L.1987, c. 29 (C.2C:21-2.2), or upon the arrest of any person for offering a false instrument for filing pursuant to N.J.S.2C:21-3, or upon the arrest of any person for unsworn falsification to authorities pursuant to subsection b. of N.J.S.2C:28-3, or upon the arrest of any person for false reporting to law enforcement authorities pursuant to N.J.S.2C:28-4, or upon the arrest for any person for tampering with public records or information pursuant to N.J.S.2C:28-7, or upon the arrest for any person impersonating a public servant or law enforcement officer, or the conviction of any other person charged with a nonindictable offense, where the identity of the person charged is in question, take the fingerprints of such person, according to the fingerprint system of identification established by the Superintendent of State Police and on the forms prescribed, and forward without delay two copies or more of the same, together with photographs and such other descriptions as may be required and with a history of the offense committed, to the State Bureau of Identification.
Such sheriffs, chiefs of police, members of the State Police and any other law enforcement agencies and officers shall also take the fingerprints, descriptions and such other information as may be required of unknown dead persons and as required by section 2 of P.L.1982, c.79 (C.2A:4A-61) of juveniles adjudicated delinquent and shall forward same to the State Bureau of Identification.
Any person charged in a complaint filed by a law enforcement officer with an indictable offense, who has not been arrested, or any person charged in an indictment, who has not been arrested, or any person convicted of misuse of food stamp coupons pursuant to section 3 of P.L.1993, c.13 (C.2C:20-37), or any person convicted of unauthorized transfer of police badges pursuant to section 1 of P.L.1987, c. 29 (C.2C:21-2.2), or any person convicted of offering a false instrument for filing pursuant to N.J.S.2C:21-3, or any person convicted of unsworn falsification to authorities pursuant to subsection b. of N.J.S.2C:28-3, or any person convicted of false reporting to law enforcement authorities pursuant to N.J.S.2C:28-4, or any person convicted of tampering with public records or information pursuant to N.J.S.2C:28-7, or any person convicted of impersonating a public servant or law enforcement officer, or any person convicted of assault or harassment constituting domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), or any person against whom a final order has been entered in any domestic violence matter pursuant to the provisions of section 13 of P.L.1991, c.261 (C.2C:25-29) shall submit himself to the identification procedures provided herein either on the date of any court appearance or upon written request of the appropriate law enforcement agency within a reasonable time after the filing of the complaint. Any person who refuses to submit to such identification procedures shall be a disorderly person.
(cf: P.L.1999, c.288, s. 1).
2. This act shall take effect immediately.
STATEMENT
N.J.S.A.53:1-15 requires fingerprints of any person arrested for, or charged with, any indictable offense, prostitution offense and certain domestic violence offenders.
This bill would expand the fingerprint statute to include certain disorderly persons offenses related to document fraud. Under the provisions of the bill persons arrested for or charged with the following offenses would be fingerprinted: (1)misuse of food stamp coupons pursuant to N.J.S.A.2C:20-37, (2) unauthorized transfer of police badges pursuant to N.J.S.A.2C:21-2.2, (3) offering a false instrument for filing pursuant to N.J.S.A.2C:21-3, (4) unsworn falsification to authorities pursuant to subsection b. of N.J.S.A. 2C:28-3, (5) false reporting to law enforcement authorities pursuant to N.J.S.A.2C:28-4, (6) tampering with public records or information pursuant to N.J.S.A.2C:28-7 or (7) impersonating a public servant or law enforcement officer.
It is the sponsor's intent that this bill address instances where a person has been charged with a nonindictable offense potentially related to identity theft but no documentation is on record. Although most identity theft related offenses are indictable and thus the person may be fingerprinted, there are certain offenses that may relate to identity theft which are currently not fingerprinted. This bill closes this gap and may also assist police officers in homeland security efforts.
