Bill Text: NJ A1862 | 2010-2011 | Regular Session | Introduced
Bill Title: Permits sentencing as repeat sex offender if adult defendant had been previously adjudicated delinquent as a juvenile for a sex offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-25 - Introduced, Referred to Assembly Judiciary Committee [A1862 Detail]
Download: New_Jersey-2010-A1862-Introduced.html
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Permits sentencing as repeat sex offender if adult defendant had been previously adjudicated delinquent as a juvenile for a sex offense.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning juvenile sex offenders and amending P.L.1982, c.77 and N.J.S.2C:14-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 29 of P.L.1982, c.77 (C.2A:4A-48) is amended to read as follows:
29. Effect of disposition. No disposition under this act shall operate to impose any of the civil disabilities ordinarily imposed by virtue of a criminal conviction, nor shall a juvenile be deemed a criminal by reason of such disposition.
The disposition of a case under this act shall not be admissible against the juvenile in any criminal or penal case or proceeding in any other court except for consideration in sentencing, including sentencing of a person under the provisions of N.J.S.2C:14-6 concerning a second or subsequent conviction of a sexual offense, or as otherwise provided by law.
(cf: P.L.1982, c.77, s.29)
2. N.J.S.2C:14-6 is amended to read as follows:
2C:14-6. Sentencing. a. If a person is convicted of a second or subsequent offense under sections 2C:14-2 or 2C:14-3a., the sentence imposed under those sections for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of 2C:43-7, include a fixed minimum sentence of not less than 5 years during which the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section. For the purpose of this section an offense is considered a second or subsequent offense, if the actor has at any time been convicted under sections 2C:14-2 or 2C:14-3a. or under any similar statute of the United States, this State, or any other state for an offense that is substantially equivalent to sections 2C:14-2 or 2C:14-3a.
b. If a person has been
adjudicated delinquent as a juvenile for an act which, if committed by an
adult, would constitute a violation of 2C:14-2 or 2C:14-3a., or of any similar
statute of the United States, this State, or any other state for an offense
that is substantially equivalent to sections 2C:14-2 or 2C:14-3a., and if that
person is convicted of a subsequent offense under sections 2C:14-2 or 2C:14-3a.
as an adult, the sentence imposed under those sections for the subsequent
offense shall, if the person is not sentenced pursuant to the provisions of
2C:43-7, include a fixed minimum sentence of not less than five years during
which the
defendant shall not be eligible for parole, unless the court, having regard to
the character and condition of the defendant, is of the opinion that the
imposition of such a sentence would be a serious injustice which overrides the
need to deter such conduct by the defendant and others. If the court does not
impose a fixed minimum sentence pursuant to this subsection, the sentence shall
not become final for 10 days in order to permit the prosecution to appeal the
sentence.
(cf: N.J.S.2C:14-6)
3. This act shall take effect immediately.
STATEMENT
This bill permits the sentencing of an adult sex offender as a repeat offender if the offender, as a juvenile, was adjudicated delinquent for an act which, if committed by an adult, would have been aggravated sexual assault, sexual assault, or aggravated criminal sexual contact.
Under current law, a person who is convicted a second or subsequent time of aggravated sexual assault, sexual assault, or aggravated criminal sexual contact must serve a five year mandatory minimum term of imprisonment. However, if the person, while a juvenile, was adjudicated delinquent for an act which, if committed by an adult, would have been aggravated sexual assault, sexual assault, or aggravated criminal sexual contact, the adjudication is not considered to be a prior conviction and the person is treated as a first-time offender. This bill would permit any such juvenile adjudication to be considered a prior offense for purposes of sentencing the person as a repeat sex offender and would permit the imposition of a minimum prison sentence of five years without parole.
The bill provides an exception for instances where the court finds that imposing such a sentence would be a serious injustice which overrides the need for deterrence. The bill also permits the prosecution to appeal the sentence if the court does not impose a fixed minimum sentence.
