Bill Text: NJ A801 | 2010-2011 | Regular Session | Introduced
Bill Title: Makes No Early Release Act applicable to persons convicted of child pornography crimes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A801 Detail]
Download: New_Jersey-2010-A801-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman NELSON T. ALBANO
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Makes No Early Release Act applicable to persons convicted of child pornography crimes.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning child pornography and amending P.L.1997, c.117.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1997, c.117 (C.2C:43-7.2) is amended to read as follows:
2. a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.
b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.
c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).
d. The court shall impose sentence pursuant to subsection a. of this section upon conviction of the following crimes or an attempt or conspiracy to commit any of these crimes:
(1) N.J.S.2C:11-3, murder;
(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;
(3) N.J.S.2C:11-5, vehicular homicide;
(4) subsection b. of N.J.S.2C:12-1, aggravated assault;
(5) subsection b. of [N.J.S.] section 1 of P.L.1996, c.14 (C.2C:12-11), disarming a law enforcement officer;
(6) N.J.S.2C:13-1, kidnapping;
(7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;
(8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;
(9) N.J.S.2C:15-1, robbery;
(10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;
(11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;
(12) N.J.S.2C:18-2, burglary;
(13) subsection a. of N.J.S.2C:20-5, extortion;
(14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities; [or]
(15) N.J.S.2C:35-9, strict liability for drug induced deaths;
(16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism; [or]
(17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices; or
(18) a crime of the first or second degree under paragraphs (3) or (4) or subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4 concerning child pornography.
e. (Deleted by amendment, P.L.2001, c.129).
(cf: P.L.2002, c.26, s.19)
2. This act shall take effect immediately.
STATEMENT
The "No Early Release Act," P.L.1997, c.117 (N.J.S.A.2C:43-7.2), provides that defendants sentenced to incarceration for certain crimes of the first or second degree must serve a minimum term of 85% of the sentence imposed before becoming eligible for parole. This bill would add first and second degree child pornography crimes to the list of crimes to which NERA applies.
The crimes that would be included in NERA under the bill are set out in N.J.S.A.2C:24-4(3), (4) and (5)(a). These provisions provide that it is a crime of the second degree to cause or permit a child to engage in a sexual act if the person knows that the act may be photographed, filmed or reconstructed in any manner, including on the Internet. If the person is a parent or guardian, the person is guilty of a crime of the first degree. The statute also provides that it is a crime of the second degree to photograph or film a child in a sex act; to use any device, including a computer, to reproduce or reconstruct the image of a child in a sex act; or to sell, manufacture, distribute or circulate through any means, including the Internet, any photograph, film, computer program or other reproduction which depicts a child engaging in a sex act.
