New Jersey-2024-A2246-Introduced

An Act concerning COVID-19 vaccination fraud and supplementing Title 2C of the New Jersey Statutes and Title 52 of the Revised Statutes.

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

1. a. A person who knowingly sells, offers or exposes for sale, or otherwise transfers, or possesses with the intent to sell, offer, or expose for sale, or otherwise transfer, a document, printed form, or other writing which falsely purports to be a verification issued by a governmental agency of a person having received one or more doses of a vaccination against SARS-CoV-2 is guilty of a crime of the second degree.

b. A person who knowingly makes, or possesses devices or materials to make, a document or other writing which falsely purports to be a verification issued by a governmental agency of a person having received one or more doses of a vaccination against SARS-CoV-2 is guilty of a crime of the second degree.

c. A person who knowingly exhibits, displays, or utters a document or other writing which falsely purports to be a verification issued by a governmental agency of a person having received one or more doses of a vaccination against SARS-CoV-2 is guilty of a crime of the third degree.

d. A person who knowingly possesses a document or other writing which falsely purports to be a verification issued by a governmental agency of a person having received one or more doses of a vaccination against SARS-CoV-2 is guilty of a crime of the fourth degree.

2. No later than 30 days after the effective date of this act, the Attorney General shall develop a coronavirus disease 2019 (COVID-19) vaccination fraud prevention program, which shall focus on preventing and prosecuting the production, sale, distribution, and use of counterfeit SARS-CoV-2 vaccination verification cards and other materials that enable a person who has not received the SARS-CoV-2 vaccine to falsely indicate that the person has received the SARS-CoV-2 vaccine. For this purpose, the Office of the Attorney General shall have access to information contained in the New Jersey Immunization Information System established pursuant to P.L.2004, c.138 (C.26:4-131 et seq.) concerning SARS-CoV-2 vaccinations, for the sole purpose of verifying the SARS-CoV-2 vaccination status of an individual suspected of falsely purporting to have received the SARS-CoV-2 vaccine. Any information concerning an individual obtained by the program from the New Jersey Immunization Information System shall be held confidential, and shall not be shared or released by the program for any purpose, other than to directly aid in the investigation and prosecution of COVID-19 vaccination fraud.

3. This act shall take effect immediately.

STATEMENT

This bill establishes certain criminal penalties in connection with documents that falsely purport to be a verification issued by a governmental agency of a person having received one or more doses of a vaccination against SARS-CoV-2, which is the virus that causes coronavirus disease 2019 (COVID-19), and requires the Attorney General to establish a COVID-19 vaccination fraud prevention program.

Under the bill, a person who knowingly sells, offers or exposes for sale, or otherwise transfers, or possesses with the intent to sell, offer or expose for sale, or otherwise transfer a false SARS-CoV-2 vaccination verification card, or who makes or possesses the devices or materials to make false SARS-CoV-2 vaccination verification cards, will be guilty of a crime of the second degree, which is punishable by imprisonment for five to 10 years, up to a $150,000 fine, or both.

A person who knowingly exhibits, displays or utters a false COVID-18 vaccination verification card will be guilty of a crime of the third degree, which is punishable by imprisonment for three to five years, up to a $15,000 fine, or both.

A person who knowingly possesses a false COVID-19 vaccination verification card will be guilty of a crime of the fourth degree, which is punishable by imprisonment for up to 18 months, up to a $10,000 fine, or both.

The Attorney General will be required to develop a COVID-19 vaccination fraud prevention program, which will focus on preventing and prosecuting the production, sale, distribution, and use of counterfeit SARS-CoV-2 vaccination cards and other materials that enable a person who has not received the SARS-CoV-2 vaccine to falsely indicate that the person has received the SARS-CoV-2 vaccine.

For this purpose, the Office of the Attorney General will be provided access to information contained in the New Jersey Immunization Information System established pursuant to P.L.2004, c.138 (C.26:4-131 et seq.) concerning SARS-CoV-2 vaccinations, for the sole purpose of verifying the SARS-CoV-2 vaccination status of an individual suspected of falsely purporting to have received the SARS-CoV-2 vaccine. Any information concerning an individual obtained by the program from the New Jersey Immunization Information System will be held confidential, and may not be shared or released by the program for any purpose, other than to directly aid in the investigation and prosecution of COVID-19 vaccination fraud.

The Attorney General will be required to develop the COVID-19 vaccination fraud program no later than 30 days after the effective date of the bill.