Bill Text: NJ A2103 | 2014-2015 | Regular Session | Introduced
Bill Title: Establishes crime of initiating a false "Amber Alert."
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Judiciary Committee [A2103 Detail]
Download: New_Jersey-2014-A2103-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblywoman MARIA RODRIGUEZ-GREGG
District 8 (Atlantic, Burlington and Camden)
Assemblyman CHRISTOPHER J. BROWN
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. False Reports to Law Enforcement Authorities.
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: N.J.S.2C:28-4)
2. This act shall take effect immediately.
STATEMENT
This bill establishes the crime of initiating a false "Amber Alert." An "Amber Alert" is an emergency alert used by law enforcement to inform the public about a recent child abduction.
Under the bill, a person commits a crime of the fourth degree if he knowingly provides false information or a fictitious report to law enforcement authorities concerning a missing person and this 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 for law enforcement to contact the broadcast media, the Department of Transportation, the New Jersey Highway Authority, the New Jersey Turnpike Authority and the South Jersey Transportation Authority in the event of a child abduction. The emergency broadcast interrupts radio and television programming with a distinctive sound tone and the announcement: "This is an Amber Abducted Child Alert." The alerts are broadcast at frequent intervals in the first three to six hours and at other intervals after that, pursuant to guidelines established by the New Jersey Broadcasters' Association.
The Department and the authorities use highway message signs to inform the public that an "Amber Alert" is in progress, provide information relating to the abduction, and inform motorists about reporting relevant information to law enforcement. Thus, a false report of a missing child resulting in an erroneous "Amber Alert" can lead to significant waste of resources and law enforcement capability, and may undermine the effectiveness of future "Amber Alerts."
