New Jersey-2010-A2351-Introduced

An Act concerning witness protection, amending P.L.1991, c.329 and supplementing Title 2C of the New Jersey Statutes.

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

1. (New section) a. In addition to any fine, fee, assessment or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, any person convicted of a crime shall be assessed a fee of $25 for each conviction.

b. All assessments provided for in this section shall be collected as provided for collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded to the Department of the Treasury as provided in subsection c. of this section.

c. All money collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited into the Witnesses of Crime Protection Program Fund created by P.L. ,c. (C. ) (pending before the Legislature as this bill).

d. The Witnesses of Crime Protection Program Fund shall be a separate, nonlapsing, revolving fund and shall be administered by the Division of Criminal Justice, in the Department of Law and Public Safety. All moneys deposited in the fund pursuant to this section shall be used for the protection of witnesses in criminal proceedings who may be at risk of harm as provided in Section 1 of P.L. ,c. (C. ) (pending before the Legislature as this bill) and for related administrative costs.

2. Section 13 of P.L.1991, c.329 (2C:46-4.1) is amended to read as follows:

13. Moneys that are collected in satisfaction of any assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or in satisfaction of restitution or fines imposed in accordance with the provisions of Title 2C of the New Jersey Statutes or with the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), shall be applied in the following order:

a. first, in satisfaction of all assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1);

b. second, except as provided in subsection f. of this section, in satisfaction of any restitution ordered;

c. third, in satisfaction of all assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2);

d. fourth, in satisfaction of any forensic laboratory fee assessed pursuant to N.J.S.2C:35-20;

e. fifth, in satisfaction of any mandatory Drug Enforcement and Demand Reduction penalty assessed pursuant to N.J.S.2C:35-15;

f. sixth, in satisfaction of any anti-drug profiteering penalty imposed pursuant to N.J.S.2C:35A-1 et seq.;

g. seventh, in satisfaction of any anti-money laundering profiteering penalty imposed pursuant to section 9 of P.L.1999, c.25 (C.2C:21-27.2);

h. eighth, in satisfaction of restitution for any extradition costs imposed pursuant to section 4 of P.L.1997, c.253 (C.2C:43-3.4);

i. ninth, in satisfaction of any penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5);

j. tenth, in satisfaction of any penalty imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6);

k. eleventh, in satisfaction of the mandatory penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10);

l. twelfth, in satisfaction of any mandatory Computer Crime Prevention penalty assessed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8); and

m. thirteenth, in satisfaction of any fine.

(cf: P.L.2009, c.143, s.3)

3. This act shall take effect immediately.

STATEMENT

This bill creates a permanent source of revenue within the Witnesses of Crime Protection Program Fund.

Currently the witness protection program relies on federal grants and forfeiture funds to support witness protection activities. This bill would provide additional funding by assessing a $25 penalty on those persons who commit crimes, to protect those who provide information about crimes.

The bill creates the Witnesses of Crime Protection Program Fund into which the penalty monies would be deposited and administered by the Department of Law and Public Safety for the purpose of witness protection throughout the State.