New Jersey-2024-A2628-Introduced

An Act concerning senior citizens and persons with a disability 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. a. Notwithstanding any other provision of law to the contrary, a person is guilty of the crime of victimization of a senior citizen or a person with a disability if he commits, attempts to commit, conspires with another to commit or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes against a senior citizen or a person with a disability.

b. Grading. Victimization is a crime of the fourth degree if the underlying offense referred to in subsection a. is a disorderly persons offense or petty disorderly persons offense. Otherwise, victimization is a crime one degree higher than the most serious underlying crime referred to in subsection a., except that where the underlying crime is a crime of the first degree, victimization is a first degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S. 2C:43-6, be sentenced to an ordinary term of imprisonment between 20 years and life imprisonment, with a presumptive term of 50 years. A court imposing a sentence pursuant to this section shall also impose a five-year term of parole supervision if the underlying crime for which the defendant is being sentenced is a crime of the first degree, or a three-year term of parole supervision if the underlying crime for which the defendant is being sentenced is a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to this subsection unless the defendant is serving a sentence of incarceration for another crime at the time the defendant completes the sentence of incarceration imposed pursuant to this section, in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration. During the term of parole supervision, the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the Bureau of Parole of the Department of Corrections as if on parole and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).

c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for victimization shall not merge with a conviction of any of the underlying offenses referred to in subsection a. of this section, nor shall any conviction for such underlying offense merge with a conviction for victimization. Thecourt shall impose separate sentences upon a conviction for victimization and a conviction of any underlying offense.

d. For the purposes of this section:

"Senior citizen" means a person 62 years of age or over; and

"Person with a disability" means a person who by reason of any pre-existing medically determinable physical or mental impairment is substantially incapable of exercising normal physical or mental power of resistance, and includes, but is not limited to, any person determined disabled pursuant to the federal Social Security Act or any other governmental retirement or benefits program that uses substantially the same criteria for determining eligibility.

2. This act shall take effect immediately.

STATEMENT

This bill establishes a separate crime of victimization against a senior citizen or a person with a disability, which must be charged and proved as any other crime. Victimization would be graded one degree higher than the offense that was committed. A person would be guilty of victimization if the person commits any crime listed in the bill against a senior citizen or a person with a disability. Upon a conviction, the sentence imposed by the court would not merge with the sentence imposed for the underlying offense.

This bill also provides that if the underlying crime for which the person is being sentenced was graded as a crime of the first or second degree, the sentence imposed shall include a term of post-incarceration parole supervision.

Under the bill, a "senior citizen" is defined as a person 62 years of age or over. A "person with a disability" is defined as a person who by reason of any pre-existing medically determinable physical or mental impairment is substantially incapable of exercising normal physical or mental power of resistance, and includes, but is not limited to, any person determined disabled pursuant to the federal Social Security Act or any other governmental retirement or benefits program that uses substantially the same criteria for determining eligibility.