Bill Text: NJ A1269 | 2010-2011 | Regular Session | Introduced
Bill Title: Upgrades penalties for certain fireworks violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Law and Public Safety Committee [A1269 Detail]
Download: New_Jersey-2010-A1269-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JAMES W. HOLZAPFEL
District 10 (Monmouth and Ocean)
SYNOPSIS
Upgrades penalties for certain fireworks violations.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act upgrading the penalties for certain fireworks violations and amending R.S.21:3-8.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.21:3-8 is amended to read as follows:
21:3-8. Penalties for violations
a. Any person who sells, offers or exposes for sale, or possesses with intent to sell any fireworks [as herein mentioned] is guilty of a crime of the fourth degree.
b. Any person who unlawfully purchases any fireworks is guilty of a disorderly persons offense.
c. Any person who unlawfully [purchases,] uses, discharges, causes to be discharged, ignites, fires, or otherwise sets in action, or possesses any fireworks is guilty of a [petty]:
(1) disorderly persons offense if no bodily injury to another person results;
(2) crime of the fourth degree if bodily injury to another person results;
(3) crime of the third degree if serious bodily injury to another person results; and
(4) crime of the second degree if death to another person results.
Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for murder pursuant to N.J.S.2C:11-3, manslaughter pursuant to N.J.S.2C:11-4, assault pursuant to N.J.S.2C:12-1 or any other offense.
(cf: P.L.1991, c.55, s.8)
2. This act shall take effect immediately.
STATEMENT
This bill upgrades the penalties for violations of this State's fireworks laws.
Current law prohibits the sale, purchase, use or possession of fireworks other than by an authorized purchaser with a valid permit to purchase fireworks for public display as approved by a municipality. A person who unlawfully purchases, uses, discharges, ignites, fires or possesses fireworks is guilty of a petty disorderly persons offense. Petty disorderly persons offenses are punishable by up to 30 days imprisonment, a fine of up to $500, or both.
The bill upgrades the unlawful purchase of fireworks from a petty disorderly persons offense to a disorderly persons offense. Disorderly persons offenses are punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.
The bill also upgrades the penalty for the unlawful use, discharge, ignition, firing or possession of fireworks. A person is guilty of a disorderly persons offense if no bodily injury to another person results from the unlawful use or possession. If bodily injury to another person results from the unlawful use or possession, the person is guilty of a crime of the fourth degree, which is punishable by imprisonment of up to 18 months, a fine of up to $10,000, or both. It would be a third degree crime if serious bodily injury to another person results. Third degree crimes are punishable by a term of imprisonment of three-to-five years, a fine of up to $15,000, or both. If the unlawful conduct results in another person's death, the violator is guilty of a crime of the second degree, punishable by imprisonment of five to ten years, a fine of up to $150,000, or both.
The bill also specifies that a prosecution under its provisions is not to preclude a prosecution for murder, manslaughter, assault or any other offense.
