Bill Text: NJ A1106 | 2022-2023 | Regular Session | Amended
Bill Title: Establishes penalty for withholding identification to hinder apprehension or prosecution.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2022-09-15 - Reported out of Asm. Comm. with Amendments, and Referred to Assembly Judiciary Committee [A1106 Detail]
Download: New_Jersey-2022-A1106-Amended.html
ASSEMBLY, No. 1106
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblywoman ANNETTE CHAPARRO
District 33 (Hudson)
Assemblywoman LINDA S. CARTER
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Establishes penalty for withholding identification to hinder apprehension or prosecution.
CURRENT VERSION OF TEXT
As reported by the Assembly Law and Public Safety Committee on September 15, 2022, with amendments.
An Act concerning withholding information from law enforcement and amending N.J.S.2C:29-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:29-3 is amended to read as follows:
2C:29-3. Hindering Apprehension or Prosecution. a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction 1,1 or punishment of another for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes 1[he] , the person1:
(1) Harbors or conceals the other;
(2) Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;
(3) Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document 1,1 or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against 1[him] that1;
(4) Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;
(5) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against 1[him] them1;
(6) Aids such person to protect or expeditiously profit from an advantage derived from 1[such] the1 crime; or
(7) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).
An offense under paragraph (5)
of subsection a. of this section is a crime of the second degree, unless the
actor is a spouse, domestic partner, partner in a civil union, parent or child
to the person aided who is the victim of the offense, in which case the offense
is a crime of the fourth degree. An offense under paragraph (3) or (7) of
subsection a. of this section is a crime of the third degree if the conduct
which the actor knows has been charged or is liable to be
charged against another person would constitute leaving the scene of a motor vehicle accident that results in the death of another person in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1). Notwithstanding the presumption of non-imprisonment for certain offenders set forth in subsection e. of N.J.S.2C:44-1, the actor shall serve a term of imprisonment, which shall be fixed at not less than one year, during which the actor shall not be eligible for parole. Otherwise, the offense under subsection a. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child of the person aided, in which case the offense is a crime of the fourth degree. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.
b. A person commits an offense if, with purpose to hinder 1[his] their1 own detention, apprehension, investigation, prosecution, conviction 1,1 or punishment for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, 1[he] the person1:
(1) Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in 1[his] their1 discovery or apprehension or in the lodging of a charge against 1[him] them1 ; or
(2) Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in 1[his] their1 discovery or apprehension or in the lodging of a charge against 1[him] them1; or
(3) Prevents or obstructs by means of force, intimidation 1,1 or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in 1[his] their1 discovery or apprehension or in the lodging of a charge against 1[him] them1; or
(4) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16); or
(5) 1[Withholds] Upon or after arrest by a law enforcement officer, withholds1 or refuses to give 1[his] their1 valid identification or true identity to a law enforcement officer 1when requested to do so1.
An offense under paragraph (3) of subsection b. of this section is a crime of the second degree. An offense under paragraph (1) or (4) of subsection b. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against 1[him] them1 would constitute leaving the scene of a motor vehicle accident that results in the death of another person in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1). Notwithstanding the presumption of non-imprisonment for certain offenders set forth in subsection e. of N.J.S.2C:44-1, the actor shall serve a term of imprisonment which shall be fixed at not less than one year, during which the actor shall not be eligible for parole.
Otherwise, the offense under subsection b. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against 1[him] them1 would constitute a crime of the second degree or greater. The offense is a crime of the fourth degree if 1[such] the1 conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.
(cf: P.L.2015, c.265, s.1)
2. This act shall take effect immediately.
