Bill Text: NJ A4255 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits use of emergency warning lights or other insignia to impersonate law enforcement officer; prohibits sale of these lights to unauthorized persons and increases penalties for unauthorized use.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-11-10 - Introduced, Referred to Assembly Law and Public Safety Committee [A4255 Detail]
Download: New_Jersey-2010-A4255-Introduced.html
Sponsored by:
Assemblyman SCOTT RUDDER
District 8 (Burlington)
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Co-Sponsored by:
Assemblywoman N.Munoz
SYNOPSIS
Prohibits use of emergency warning lights or other insignia to impersonate law enforcement officer; prohibits sale of these lights to unauthorized persons and increases penalties for unauthorized use.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning impersonating a law enforcement officer, amending N.J.S.2C:28-8 and P.L.1977, c.223, and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. No person shall sell or offer for sale a blue vehicle emergency warning light, unless the purchaser presents to the seller a valid identification card issued pursuant to section 5 of P.L.1977, c.223 (C.39:3-54.11), or issued pursuant to sections 5 and 6 of P.L.2005, c.34 (C.39:3-54.22 and C.39:3-54.23).
b. A violation of this act shall be a disorderly person's offense and a person who violates this act shall be fined $500 for a first offense and $1,000 for each subsequent offense.
2. N.J.S.2C:28-8 is amended to read as follows:
2C:28-8. Impersonating a public servant or law enforcement officer.
a. Except as provided in subsection b. of this section, a person commits a disorderly persons offense if he falsely pretends to hold a position in the public service with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.
b. A person commits a crime of the fourth degree if he falsely pretends to hold a position as an officer or member or employee or agent of any organization or association of law enforcement officers with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense. For the purposes of this subsection, the term "pretends" shall include, but not be limited to, circumstances in which the person displays a badge, emblem, or other symbol of purported official authority, or displays emergency warning lights on a vehicle.
(cf: P.L.2000, c.110, s.1)
3. Section 7 of P.L.1977, c.223 (C.39:3-54.13) is amended to read as follows:
7. Any person authorized to operate emergency warning lights pursuant to P.L.1977, c.223 (C.39:3-54.7 et seq.) who willfully operates such emergency warning lights in violation of the provisions of P.L.1977, c.223 (C.39:3-54.7 et seq.) shall be liable to a penalty of not more than [$100] $200 and the person's privilege to operate such emergency warning lights may be suspended or revoked by the Chief Administrator of the New Jersey Motor Vehicle Commission. A person who is not authorized to operate emergency warning lights who willfully operates such emergency warning lights shall be liable to a penalty of not more than [$200] $400.
(cf: P.L.2005, c.218, s.6)
4. This act shall take effect immediately.
STATEMENT
This bill enhances the penalties for certain offenses connected with the impersonation of a law enforcement officer.
The bill would make it a disorderly persons offense to sell or offer to sell a blue vehicle emergency warning light, unless the purchaser presents to the seller a valid identification card issued pursuant to section 5 of P.L.1977, c.223 (C.39:3-54.11), or issued pursuant to sections 5 and 6 of P.L.2005, c.34 (C.39:3-54.22 and C.39:3-54.23). These identification cards are issued to certain volunteer fire or emergency services personnel. The illegal sale of blue vehicle emergency warning lights under the substitute is punishable by a term of imprisonment for up to six months, a fine of $500 for a first offense and $1,000 fine for each subsequent offense, or both.
The bill also amends current law regarding the crime of impersonating a law enforcement officer. The bill clarifies that it would be a violation of N.J.S.2C:28-8 when a person impersonates a law enforcement officer by use of a vehicle, which is modified with emergency lights or other insignia to resemble a police vehicle, with the purpose of inducing a reasonable person to submit to that pretended official authority or otherwise to act in reliance upon that pretense. The bill retains the current grading of this offense as a crime of the fourth degree, which is punishable by a prison term of up to 18 months, a fine of up to $10,000, or both.
Finally, the bill also doubles the current penalties under Title 39 (the motor vehicle code) for the unauthorized use of emergency warning lights. Current law establishes that the penalty for unauthorized use of emergency lights is a $100 fine and suspension or revocation of the privilege to operate emergency lights, and a fine of up to $200 for unauthorized persons who use emergency lights. This bill would double these penalties to fines of up to $200 and $400 respectively.
Under current law, P.L.1977, c.223 (C.39:3-54.7 et seq.), members of the following organizations may operate flashing blue emergency lights on a motor vehicle while answering an emergency call:
(1) A volunteer fire company or a volunteer first aid or rescue squad recognized by and rendering service in any municipality; or
(2) Any county or municipal volunteer Office of Emergency Management recognized by and rendering service in any county or municipality, provided the member's official duties include responding to a fire or emergency call.
