Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
SYNOPSIS
Increases mandatory sentence for second or subsequent conviction for certain sex crimes; permits consideration of convictions from foreign countries.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning criminal sentencing, amending N.J.S.2C:14-6 and P.L.2005, c.73, 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. N.J.S.2C:14-6 is amended to read as follows:
2C:14-6. Sentencing. If a person is convicted of a second or subsequent offense under [sections] N.J.S.2C:14-2 or [2C:14-3a.] subsection a. of N.J.S.2C:14-3, the sentence imposed under those sections for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of N.J.S.2C:43-7, include a fixed minimum sentence of not less than [5] eight 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] N.J.S.2C:14-2 or [2C:14-3a.] subsection a. of N.J.S.2C:14-3 or under any similar statute of the United States, this state, or any other state or any foreign country for an offense that is substantially equivalent to [sections] N.J.S.2C:14-2 or [2C:14-3a] subsection a. of N.J.S.2C:14-3. Prior to the imposition of the fixed minimum sentence provided for in this section resulting from a conviction in a foreign country, the sentencing judge shall conduct a plenary hearing, using translators if necessary, to determine the similarity of the foreign statutory provision and the adequacy of the judicial proceeding imposing same.
(cf: N.J.S.2C:14-6)
2. Section 2 of P.L.2005, c.73 (C.52:4B-43.2) is amended to read as follows:
2. a. The "Sex Crime Victim Treatment Fund" shall be a separate, nonlapsing, revolving fund and shall be administered by the Victims of Crime Compensation Board established pursuant to section 3 of P.L.1971, c.317 (C.52:4B-3), and all moneys deposited in that fund pursuant to this act shall be used for the provision of counseling and treatment services to victims of specified sex offenses as set forth in section 1 of P.L.2005, c.73 (C.2C:14-10) and the families of these victims, and for the reasonable compensation of a translator used in a plenary hearing under N.J.S.2C:14-6 to determine the similarity of a statutory provision from a foreign country and the adequacy of the judicial proceeding imposing a conviction in a foreign country as provided in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The development and provision of counseling and treatment services to victims and their families shall be pursuant to rules and regulations promulgated by the Victims of Crime Compensation Board. The board shall coordinate these counseling and treatment services with other services offered by the State Office of Victim and Witness Advocacy, the 21 county offices of Victim and Witness Advocacy and as otherwise deemed appropriate for the implementation of the Attorney General Standards to Ensure the Rights of Crime Victims.
(cf: P.L.2005, c.73, s.2)
3. (New section) The reasonable compensation of a translator used in a plenary hearing under N.J.S.2C:14-6 to determine the similarity of a statutory provision from a foreign country and the adequacy of the judicial proceeding imposing a conviction in a foreign country shall be drawn from the "Sex Crime Victim Treatment Fund" established pursuant to section 2 of P.L.2005, c.73 (C.52:4B-43.2).
4. This act shall take effect immediately.
STATEMENT
This bill would increase the fixed minimum sentence for a second or subsequent conviction for the crime of sexual assault or aggravated criminal sexual contact from five years to eight years, during which time the offender would not be eligible for parole. This bill would also permit the court to impose the fixed minimum sentence if the offender was previously convicted of a crime equivalent to sexual assault or aggravated sexual contact in a foreign country.
Currently, the court may only impose a fixed minimum sentence for a prior conviction for an offense in violation of N.J.S.2C:14-2 or subsection a. of N.J.S.2C:14-3, or an equivalent statute under the laws of this State, the laws of another state, or federal law. This bill would permit the court to also impose a fixed minimum sentence for a prior conviction from a foreign country, provided that the court finds in a plenary hearing that the conviction is for a violation of an equivalent statute and the person was afforded adequate judicial process. The bill would also provide that, if a translator is necessary to make such determination, the translator's reasonable compensation may be paid out of the "Sex Crime Victim Treatment Fund" established pursuant to section 2 of P.L.2005, c.73 (C.52:4B-43.2).