Bill Text: NJ S1035 | 2010-2011 | Regular Session | Introduced
Bill Title: Creates new penalty for convictions or juvenile adjudications of arson; establishes Arson Investigation Fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-04 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1035 Detail]
Download: New_Jersey-2010-S1035-Introduced.html
Sponsored by:
Senator CHRISTOPHER J. CONNORS
District 9 (Atlantic, Burlington and Ocean)
SYNOPSIS
Creates new penalty for convictions or juvenile adjudications of arson; establishes Arson Investigation Fund.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning a penalty imposed for convictions or juvenile adjudications of arson, amending P.L.1991, c.329 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. In addition to any other disposition, fine, fee or assessment imposed, any person convicted of the crime of arson pursuant to N.J.S.2C:17-1 or an attempt or conspiracy to commit those crimes, or a juvenile adjudicated delinquent for an act which, if committed by an adult, would constitute those crimes, shall be assessed a penalty fixed at $1000.00 for each conviction or $250.00 for each adjudication.
b. All penalties provided for in this section shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded to the Department of the Treasury as provided in subsection c. of this section.
c. All moneys collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited into a nonlapsing revolving fund to be known as the "Arson Investigation Fund." Moneys in this fund shall be appropriated on an annual basis to the Department of Law and Public Safety for distribution to the Division of Criminal Justice and the county prosecutors based on a formula devised pursuant to subsection d. of this section. An amount not to exceed 5 percent of the monies deposited in this fund may be used by the Department of Law and Public Safety to offset administrative expenses.
d. The Attorney General shall establish a formula for distribution of the penalty moneys collected pursuant to this section. This formula shall be based on the number and seriousness of the arson convictions or juvenile adjudications and the resources devoted to investigating and prosecuting arson cases in the county on a fiscal year basis. Seriousness shall be assessed by considering factors such as loss and endangerment of life, the value of property destroyed, the replaceability of destroyed property and the resources devoted to controlling and extinguishing arson fires.
e. Monies distributed from the "Arson Investigation Fund" shall be used exclusively for the purpose of investigating and prosecuting arson cases. The monies distributed pursuant to this act shall supplement and shall not replace monies budgeted for such investigations and prosecutions.
2. Section 13 of P.L.1991, c.329 (C.2C:46-4.1) is amended to read as follows:
13. Moneys that are collected in satisfaction of any assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), any penalty imposed pursuant to section 1 of P.L. , c. (C. ) (now pending before the Legislature as this bill)or in satisfaction of restitution or fines imposed in accordance with the provisions of Title 2C of the New Jersey Statutes or with the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), shall be applied in the following order:
a. first, in satisfaction of all assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1);
b. second, except as provided in subsection f. of this section, in satisfaction of any restitution ordered;
c. third, in satisfaction of all assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2);
d. fourth, in satisfaction of any forensic laboratory fee assessed pursuant to N.J.S.2C:35-20;
e. fifth, in satisfaction of any mandatory Drug Enforcement and Demand Reduction penalty assessed pursuant to N.J.S.2C:35-15;
f. sixth, in satisfaction of any anti-drug profiteering penalty imposed pursuant to N.J.S.2C:35A-1 et seq. and any penalty assessed pursuant to section 1 of P.L. , c. (C. ) (now pending before the Legislature as this bill);
g. seventh, in satisfaction of any anti-money laundering profiteering penalty imposed pursuant to section 9 of P.L.1999, c.25 (C.2C:21-27.2);
h. eighth, in satisfaction of restitution for any extradition costs imposed pursuant to section 4 of P.L.1997, c.253 (C.2C:43-3.4);
i. ninth, in satisfaction of any penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5);
j. tenth, in satisfaction of any penalty imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6);
k. eleventh, in satisfaction of the mandatory penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10);
l. twelfth, in satisfaction of any mandatory Computer Crime Prevention penalty assessed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8); and
m. in satisfaction of any fine.
(cf: P.L.2009, c.143, s.3)
3. (New section) The Attorney General shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1et seq.) to effectuate the purposes of this act.
4. This act shall take effect immediately.
STATEMENT
This bill would create monetary penalties to be imposed on persons convicted of arson. Moneys collected as a result of these penalties would be deposited in a special fund and distributed to the counties to help in the investigation and prosecution of arson cases.
The bill would establish a $1,000.00 penalty for each conviction and a $250.00 penalty for juveniles adjudicated delinquent for arson. In addition, the bill provide that the monies from the fund would be distributed to the Division of Criminal Justice as well as the county prosecutor and authorize the Department of Law and Public Safety to use an amount not to exceed 5% of monies deposited in the fund to offset administrative expenses.
The bill provides that a formula for distribution of the penalty monies would be based on the number and seriousness of the arson convictions or juvenile adjudications in the county in a fiscal year basis. The formula would also take into consideration the resources devoted to investigating and prosecuting arson cases in the county on a fiscal year basis. In addition, the bill provides that seriousness of the arson convictions and adjudications shall be assessed by considering factors such as loss and endangerment of life, the value of property destroyed, the replaceability of destroyed property and the resources devoted to controlling and extinguishing arson fires.
The bill further provides that the monies distributed from the fund would be used exclusively for the purpose of investigating and prosecuting arson cases and would supplement and not replace monies budgeted for such investigation and prosecutions and give rule- making powers to the Attorney General.
