Bill Text: NJ A4524 | 2018-2019 | Regular Session | Introduced


Bill Title: Increases minimum civil fine for harassing person taking wildlife and increases criminal penalty for subsequent offenses.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2018-10-15 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A4524 Detail]

Download: New_Jersey-2018-A4524-Introduced.html

ASSEMBLY, No. 4524

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED OCTOBER 15, 2018

 


 

Sponsored by:

Assemblyman  HAROLD "HAL" J. WIRTHS

District 24 (Morris, Sussex and Warren)

Assemblyman  PARKER SPACE

District 24 (Morris, Sussex and Warren)

Assemblyman  JOHN DIMAIO

District 23 (Hunterdon, Somerset and Warren)

 

 

 

 

SYNOPSIS

     Increases minimum civil fine for harassing person taking wildlife and increases criminal penalty for subsequent offenses.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning harassing a person taking wildlife and amending P.L.1993, c.11. 

 

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

 

     1.    Section 3 of P.L.1993, c.11 (C.23:7A-3) is amended to read as follows:

     3.    a. The Director of the Division of Fish [, Game] and Wildlife may institute a civil action in the Superior Court for injunctive and other relief for a violation of this act, and the court may proceed in the action in a summary manner. 

     b.    A person who violates this act shall be guilty of a petty disorderly persons offense ; however, for a second or subsequent violation, the person shall be guilty of a disorderly persons offense. 

     c.     A person who violates this act shall be liable to a civil penalty of not less than [$100] $250 nor more than $500 for each offense, to be collected in a summary proceeding under ["the penalty enforcement law," N.J.S. 2A:58-1 et seq] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  The Superior Court and the municipal court for the municipality in which the violation occurred shall have jurisdiction to enforce ["the penalty enforcement law."] the "Penalty Enforcement Law of 1999." 

     d.    For the purposes of subsections b. and c. of this section, if the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense. 

     e.     In addition to bringing a civil action for injunctive relief or any other relief provided by law, a person who is adversely affected by a violation of this act may bring a civil action for damages, including punitive damages and special damages, against the violator.  Special damages may include, but need not be limited to, expenditures of the affected person for license and permit fees, travel expenses, guide fees and expenses, and the cost of special equipment and supplies, to the extent any such expenditures were rendered futile by the action or activities of the violator. 

(cf: P.L.1993, c.11, s.3) 

 

     2.    This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill increases the minimum civil fine for harassing a person lawfully taking wildlife from $100 to $250.  The bill also establishes an enhanced penalty for repeat offenders.  Under current law, a person who harasses a hunter is guilty of a petty disorderly persons offense, regardless of whether the person is a repeat offender.  A petty disorderly persons offense is punishable by imprisonment for up to 30 days, a fine of up to $500, or both imprisonment and a fine.  Under this bill, a subsequent offender would be committing a disorderly persons offense, punishable by imprisonment for up to six months, a fine of up to $1,000, or both imprisonment and a fine.

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