New Jersey-2012-A3363-Introduced

An Act concerning certain terroristic threats and amending N.J.S.2C:12-3 and P.L.1997, c.117.

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

1. N.J.S.2C:12-3 is amended to read as follows:

2C:12-3. Terroristic threats.

a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.

c. A person is guilty of a crime of the second degree if he threatens to kill or cause physical harm to a prosecutor, law enforcement officer, or a member of their family with the purpose to put that prosecutor or law enforcement officer in imminent fear of death or physical harm to the threatened victim under circumstances that cause the prosecutor or law enforcement officer to believe the immediacy of the threat and the likelihood that it will be carried out.

For the purposes of this subsection, member of their family means the threatened person's spouse; parent; child, whether related by blood, marriage, adoption or other legal custody; or other relative who resides with the threatened person.

(cf: P.L.2002, c.26, s.11)

2. Section 2 of P.L.1997, c.117 (C.2C:43-7.2) is amended to read as follows:

2. a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.

b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.

c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for 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 subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., 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 State Parole Board 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).

d. The court shall impose sentence pursuant to subsection a. of this section upon conviction of the following crimes or an attempt or conspiracy to commit any of these crimes:

(1) N.J.S.2C:11-3, murder;

(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;

(3) N.J.S.2C:11-5, vehicular homicide;

(4) subsection b. of N.J.S.2C:12-1, aggravated assault;

(5) subsection b. of section 1 of P.L.1996, c.14 (2C:12-11), disarming a law enforcement officer;

(6) N.J.S.2C:13-1, kidnapping;

(7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;

(8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;

(9) N.J.S.2C:15-1, robbery;

(10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;

(11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;

(12) N.J.S.2C:18-2, burglary;

(13) subsection a. of N.J.S.2C:20-5, extortion;

(14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities;

(15) N.J.S.2C:35-9, strict liability for drug induced deaths;

(16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism;

(17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices; [or]

(18) N.J.S.2C:41-2, racketeering, when it is a crime of the first degree; or

(19) subsection c. of N.J.S.2C:12-3, threats of violence against prosecutors, law enforcement officers, or members of their families.

e. (Deleted by amendment, P.L.2001, c.129).

(cf: P.L.2007, c.341, s.6)

3. This act shall take effect immediately.

STATEMENT

This bill upgrades the crime of threatening to physically harm a prosecutor, law enforcement officer, or a member of their family to a crime of the second degree.

Under the provisions of the bill, a person who threatens to kill or cause physical harm to a prosecutor, law enforcement officer, or a member of their family with the purpose of putting that prosecutor or law enforcement officer in imminent fear of the threatened victim being killed or physically harmed is guilty of a crime of the second degree. A crime of the second degree is punishable by imprisonment for a term of five to ten years; a fine of up to $150,000, or both.

The bill also provides that anyone convicted of the crime of threatening to physically harm a prosecutor, law enforcement officer, or a member of their family is subject to sentencing under the "No Early Release Act" (section 2 of P.L.1997, c.117; C. 2C:43-7.2). A person sentenced under the "No Early Release Act" is required to serve a minimum of 85% of his court imposed sentence before becoming eligible for parole.