Bill Text: NJ S270 | 2018-2019 | Regular Session | Introduced


Bill Title: Establishes defacement of certain gravesites where human remains are stored or interred as possible bias intimidation offense.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-09 - Introduced in the Senate, Referred to Senate Judiciary Committee [S270 Detail]

Download: New_Jersey-2018-S270-Introduced.html

SENATE, No. 270

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Senator  GERALD CARDINALE

District 39 (Bergen and Passaic)

 

Co-Sponsored by:

Senator Bateman

 

 

 

 

SYNOPSIS

     Establishes defacement of certain gravesites where human remains are stored or interred as a possible Bias Intimidation offense.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning desecration of gravesites and amending P.L.1981, c.282 and N.J.S.2C:16-1.

 

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

 

     1.    Section 2 of P.L. 1981, c.282 (C.2C:33-11) is amended to read as follows:

     2.    a.  A person is guilty of a crime of the fourth degree if he purposely defaces or damages, without authorization of the owner or tenant, any private premises or property primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes except as provided in subsection b., or for assembly by persons for purpose of exercising any right guaranteed by law or by the Constitution of this State or of the United States by placing thereon a symbol, an object, a characterization, an appellation, or graffiti that exposes another to threat of violence.

     b.    A person is guilty of a crime of the fourth degree if he purposely defaces or damages, without authorization of the owner or tenant, any private premises or property that is used as a gravesite, crypt, mausoleum or other site where human remains are stored or interred.

     A person convicted of an offense under this section that involves an act of graffiti may, in addition to any other penalty imposed by the court, be required either to pay to the owner of the damaged property monetary restitution in the amount of pecuniary damage caused by the act of graffiti or to perform community service, which shall include removing the graffiti from the property, if appropriate.  If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property.

(cf: P.L.1995, c.251, s.3)

 

     2.    N.J.S.2C:16-1 is amended to read as follows:

     2C:16-1.     Bias Intimidation.

     a.     Bias Intimidation.  A person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:33-4; subsection b. of section 2 of P.L.1981 (C.2C:33-11); N.J.S.2C:39-3; N.J.S.2C:39-4 or N.J.S.2C:39-5,

     (1)   with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or

     (2)   knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or

     (3)   under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity, or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.

     b.    Permissive inference concerning selection of targeted person or property.  Proof that the target of the underlying offense was selected by the defendant, or by another acting in concert with the defendant, because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity shall give rise to a permissive inference by the trier of fact that the defendant acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.

     c.     Grading.  Bias intimidation is a crime of the fourth degree if the underlying offense referred to in subsection a. is a disorderly persons offense or petty disorderly persons offense.  Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime referred to in subsection a., except that where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years.

     d.    Gender exemption in sexual offense prosecutions.  It shall not be a violation of subsection a. if the underlying criminal offense is a violation of chapter 14 of Title 2C of the New Jersey Statutes and the circumstance specified in paragraph (1), (2) or (3) of subsection a. of this section is based solely upon the gender of the victim.

     e.     Merger.  Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for bias intimidation shall not merge with a conviction of any of the underlying offenses referred to in subsection a. of this section, nor shall any conviction for such underlying offense merge with a conviction for bias intimidation.  The court shall impose separate sentences upon a conviction for bias intimidation and a conviction of any underlying offense.

     f.     Additional Penalties.  In addition to any fine imposed pursuant to N.J.S.2C:43-3 or any term of imprisonment imposed pursuant to N.J.S.2C:43-6, a court may order a person convicted of bias intimidation to one or more of the following:

     (1)   complete a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights;

     (2)   complete a counseling program intended to reduce the tendency toward violent and antisocial behavior; and

     (3)   make payments or other compensation to a community-based program or local agency that provides services to victims of bias intimidation. 

     g.    As used in this section "gender identity or expression" means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth.

     h.    It shall not be a defense to a prosecution for a crime under this section that the defendant was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity of the victim.

(cf: P.L.2007, c.303, s.1)

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     At present, it is a crime of the fourth degree to purposely deface or damage, without appropriate authorization, certain property used for religious, educational, residential, memorial, charitable or cemetery purposes or for assembly.  At times, such conduct is targeted and motivated by the unlawful purpose to intimidate an individual or group because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. 

     In such instances, it is the sponsor's view that the conduct should be punished as a Bias Intimidation crime.  This bill establishes that purposely damaging or defacing without authorization of the owner or tenant, any private premises or property that is used as a gravesite where human remains are stored or interred can constitute Bias Intimidation. 

     The bill amends N.J.S.A.2C:33-11 to create a new subsection b. providing that the underlying offense, defacement of a gravesite, crypt, mausoleum or other site where human remains are stored or interred, shall constitute a crime of the fourth degree.  A crime of the fourth degree is punishable by a term of imprisonment up to 18 months imprisonment, a fine of up to $10,000 or both.  The bill adds the specific conduct in the new subsection b. to the list of Bias Intimidation offenses under N.J.S.A.2C:16-1.  A crime included as a Bias Intimidation offense is graded one degree higher than the underlying offense.  The defacement offense, added to the list of Bias Intimidation crimes, would, if the elements of bias intimidation are found, be punishable as a crime of the third degree.  A crime of the third degree is punishable by up to five years imprisonment, a fine of up to $15,000 or both.

     The N.J.S.2C:17-3b.(6) third degree Criminal Mischief crime of tampering with gravesites with purpose to desecrate, destroy or steal human remains, also an offense under the Bias Intimidation statute, remains unaffected by this legislation.

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