Bill Text: NJ S2949 | 2018-2019 | Regular Session | Introduced


Bill Title: Permits, under certain circumstances, person adjudged juvenile delinquent to expunge record for act which would have constituted robbery if committed by adult.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2018-09-17 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2949 Detail]

Download: New_Jersey-2018-S2949-Introduced.html

SENATE, No. 2949

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED SEPTEMBER 17, 2018

 


 

Sponsored by:

Senator  TROY SINGLETON

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Permits, under certain circumstances, person adjudged juvenile delinquent to expunge record for act which would have constituted robbery if committed by adult.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning expungements for persons adjudged juvenile delinquents, and amending P.L.1980, c.163.

 

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

 

      1.   Section 1 of P.L.1980, c.163 (C.2C:52-4.1) is amended to read as follows:

      1.   a.   Any person adjudged a juvenile delinquent may have such adjudication expunged as follows:

     (1)   Pursuant to N.J.S.2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult; provided, that the person may expunge an adjudication for an act which if committed by an adult would have constituted the crime of robbery, notwithstanding that a conviction for this crime is not subject to expungement pursuant to subsection b. of N.J.S.2C:52-2, so long as the act did not involve the infliction of bodily injury or use of force upon another, or was not committed while using or armed with a deadly weapon as defined in subsection c. of N.J.S.2C:11-1;  

     (2)   Pursuant to N.J.S.2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or

     (3)   Pursuant to N.J.S.2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult.

     For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult, except as set forth in paragraph (1) of this subsection.

      b.   Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if:

     (1)   Three years have elapsed since the final discharge of the person from legal custody or supervision or three years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the three-year period for purposes of this paragraph;

     (2)   He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the three years prior to the filing of the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44), shall not be considered in calculating the three-year period for purposes of this paragraph;

     (3)   [He] Except as set forth in paragraph (1) of subsection a. of this section, he was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2;

     (4)   He has never had an adult conviction expunged; and

     (5)   He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program.

      c.    Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S.2C:52-6.

(cf: P.L.2017, c.245, s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would permit a person who was adjudged a juvenile delinquent to expunge a juvenile record for an act which if committed by an adult would have constituted the crime of robbery (either under N.J.S.2C:15-1 or the robbery statute pre-dating the 1978 adoption of the "New Jersey Code of Criminal Justice" (Title 2C)), so long as the juvenile act did not involve the infliction of bodily injury or use of force upon another, or was not committed while using or armed with a firearm or other deadly weapon.  Generally, for purposes of expungement, an act is classified as if it had been committed by an adult, and an act of robbery committed by an adult is ineligible for expungement; thus, under current law a juvenile act constituting robbery is ineligible for expungement.  The bill would establish an exception with respect to the classification of a juvenile act constituting robbery that did not involve the infliction of bodily injury or use of force, or was not committed while using or armed with a firearm or other deadly weapon, so that a juvenile adjudication for such an act could be expunged.

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