Bill Text: NJ A3395 | 2016-2017 | Regular Session | Introduced
Bill Title: Revises court filing fees, assessments, penalties, fines, and certain licensing fees to fund Pretrial Services Program, e-court information system and Legal Services of New Jersey; repeals certain statutory provisions concerning court fees.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-03-03 - Introduced, Referred to Assembly Judiciary Committee [A3395 Detail]
Download: New_Jersey-2016-A3395-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Revises court filing fees, assessments, penalties, fines, and certain licensing fees to fund Pretrial Services Program, e-court information system and Legal Services of New Jersey; repeals certain statutory provisions concerning court fees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning court filing fees, amending various sections of the statutory law and repealing sections 13 and 19 of P.L.2014, c.31 (C.2B:1-8 and 2B:1-13).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 12 of P.L.2014, c.31 (C.2B:1-7) is amended to read as follows:
12. a. The [Supreme Court, subject to the limitations set forth in subsection b. of this section, may adopt Rules of Court to revise or supplement] filing fees and other statutory fees payable to the court which were revised or supplemented by the Supreme Court pursuant to sections 12 through 19 of P.L.2014, c.31 (C.2B:1-7 through C.2B:1-13) shall be increased pursuant to P.L. , c. (pending before the Legislature as this bill) for the sole purpose of funding:
(1) the development, maintenance and administration of a Statewide Pretrial Services Program;
(2) the development, maintenance and administration of a Statewide digital e-court information system; and
(3) the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and its affiliates.
b. [All existing filing fees and other statutory fees payable to the court on the effective date of this section shall not be increased or supplemented more than $50 in the aggregate for each fee beginning on the effective date of this section.] (Deleted by amendment, P.L. , c. )(pending before the Legislature as this bill).
c. As used in sections 12 through 19 of P.L.2014, c.31 (C.2B:1-7 through C.2B:1-13):
"Digital e-court information system" shall mean a Statewide integrated system that includes but is not limited to electronic filing, electronic service of process, electronic document management, electronic case management, electronic financial management, and public access to digital court records; and
"Pretrial Services Program" shall mean the pretrial services program established pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25).
(cf: P.L.2014, c.31, s.12)
2. Section14 of P.L.2014, c.31 (C.2B:1-9) is amended to read as follows:
14. a. There is established in the General Fund a dedicated, non-lapsing fund to be known as the "21st Century Justice Improvement Fund," which shall be credited annually with a sum equal to the revenue to be derived annually from the incremental amount of any filing fees or other statutory fees payable to the court that are revised or supplemented pursuant to sections 12 and 13 of P.L.2014, c.31 (C.2B:1-7 and C.2B:1-8) and P.L. , c. (pending before the Legislature as this bill) and the related fee revisions as provided by operation of N.J.S.22A:2-5 and section 2 of P.L.1993, c.74 (C.22A:5-1). The fund shall be administered by the State Treasurer. Interest and other income earned on monies in the fund shall be credited to the fund. Monies credited to the fund shall be appropriated annually and used exclusively for the purposes of funding:
(1) the development, maintenance and administration of a Statewide Pretrial Services Program;
(2) the development, maintenance and administration of a Statewide digital e-court information system; and
(3) the provision to the poor of legal assistance in civil matters by Legal Services of New Jersey and its affiliates.
b. Any amount remaining in the fund after the appropriation of funds as provided in paragraphs (1), (2) and (3) of subsection a. of this section shall be retained by the Judiciary for the purpose of developing, maintaining and administering the Pretrial Services Program or for court information technology. The monies credited to the fund shall not be used for any purpose other than those purposes set forth in this section and section 15 of P.L.2014, c.31 (C.2B:1-10).
(cf: P.L.2014, c.31, s.14)
3. Section 15 of P.L.2014, c.31 (C.2B:1-10) is amended to read as follows:
15. Monies annually credited in the "21st Century Justice Improvement Fund" established pursuant to section 14 of P.L.2014, c.31 (C.2B:1-9) shall be allocated as follows:
a. $22 million credited annually to the fund shall be appropriated annually to the Judiciary to be used to fund the development, maintenance and administration of a Statewide Pretrial Services Program established pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25);
b. $10 million credited annually to the fund shall be appropriated annually to the Judiciary to be used to fund the development, maintenance and administration of a Statewide digital e-court information system. An appropriation made pursuant to this subsection shall not be used to replace appropriations from other sources for Judiciary information technology; and
c. $10.1 million credited
annually to the fund shall be appropriated annually to the Department of the
Treasury for distribution to Legal Services of New Jersey and its affiliates to
facilitate the provision to the poor of legal assistance in civil
matters, which shall supplement other funds as may be appropriated from any other source in a fiscal year for the same purpose. All State funds distributed to Legal Services of New Jersey shall be used exclusively for the provision to the poor of legal assistance in civil matters.
d. Any amount remaining in the fund after the appropriation of funds as provided in subsections a., b., and c. of this section shall be retained by the Judiciary for the purpose of developing, maintaining, and administering the Pretrial Services Program or for court information technology. The monies credited to the fund shall not be used for any purpose other than those purposes set forth in this section and section 14 of P.L.2014, c.31 (C.2B:1-9).
(cf: P.L.2014, c.31, s.15)
4. Section 17 of P.L.2014, c.31 (C.2B:1-11) is amended to read as follows:
17. a. Not later than the sixth month after the end of each State fiscal year, the Administrative Director of the Courts shall submit a report to the Governor, the President of the Senate, and the Speaker of the General Assembly describing the Judiciary's use of funding pursuant to sections 12 through 15 of P.L.2014, c.31 (C.2B:1-7 through C.2B:1-10) as amended by P.L. , c. (pending before the Legislature as this bill) and the Judiciary's progress toward the development, maintenance and administration of a Statewide digital e-court information system.
b. Not later than the sixth month after the end of each State fiscal year, the Administrative Director of the Courts shall submit a report to the Governor, the President of the Senate, the Speaker of the General Assembly, and the Pretrial Services Program Review Commission established by section 20 of P.L.2014, c.31 (C.2A:162-26) on the development and administration of the Statewide Pretrial Services Program.
(cf: P.L.2014, c.31, s.17)
5. Section 18 of P.L.2014, c.31 (C.2B:1-12) is amended to read as follows:
18. Not later than the sixth month after the end of each State fiscal year, Legal Services of New Jersey, through the Department of the Treasury, shall submit to the Governor, the President of the Senate, the Speaker of the General Assembly, and the State Auditor a detailed financial statement describing how funds appropriated in the prior fiscal year pursuant to sections 14 and 15 of P.L.2014, c.31 (C.2B:1-9 and C.2B:1-10) as amended by P.L. , c. (C. ) (pending before the Legislature as this bill) were used for the provision to the poor of legal assistance in civil matters. The use of public funds appropriated to Legal Services of New Jersey shall be subject to oversight by the State Auditor.
(cf: P.L.2014, c.31, s.18)
6. N.J.S.22A:2-1 is amended to read as follows:
22A:2-1. Fees of clerk of [supreme court] Supreme Court.
For services hereinafter mentioned, the Clerk of the Supreme Court shall be entitled to demand and receive the following fees:
Upon the filing or entering of the notice of appeal, notice of cross-appeal or notice of petition for certification, notice of cross-petition for certification or notice of petition for review, the appellant, cross-appellant, petitioner or cross-petitioner shall pay [$200.00] $250.
Upon the filing of the first paper in any motion, petition or application (including an order if it be the first paper), if not in a pending cause or if made after judgment entered, the moving party shall pay $30.00 shall cover all fees payable on such motion, petition or application down to and including filing and entering the order therein and taxation of costs. Any party filing an objection to any motion, application or petition shall pay $20.
(cf: P.L.2002, c.34, s.25)
7. N.J.S.22A:2-6 is amended to read as follows:
22A:2-6. Upon the filing or entering of the first paper or proceeding in any action or proceeding in the Law Division of the Superior Court, the plaintiff shall pay to the clerk [$200.00] $250 for the first paper filed by him, which shall cover all fees payable therein down to, and including entry of final judgment, taxation of costs, copy of costs and the issuance and recording of final process, except such as may be otherwise provided herein, or provided by law, or the rules of court. Any person filing an answer setting forth a counterclaim or a third party claim in such cause shall pay to the clerk [$200.00] $250 for the first paper filed by him. Any person other than the plaintiff filing any other paper in any such cause shall pay to the clerk [$135.00] $175 for the first paper filed by him.
Any person filing a motion in any action or proceeding shall pay to the clerk $30.00.
Any person filing an objection to any motion or proceeding shall pay $20.
(cf: P.L.2002, c.34, s.26)
8. N.J.S.22A:2-7 is amended to read as follows:
22A:2-7. a. Upon the filing, entering, docketing or recording of the following papers, documents or proceedings by either party to any action or proceeding in the Law Division of the Superior Court, the party or parties filing, entering, docketing or recording the same shall pay to the clerk of said court the following fees:
Filing of the first paper in any motion, petition or application, if not in a pending action or proceeding under [section] N.J.S.22A:2-6 [of this Title], or if made after dismissal or judgment entered other than withdrawal of money deposited in court, the moving party shall pay $30.00 which shall cover all fees payable on such motion, petition or application down to and including filing and entering of order therein and taxation of costs. Any party filing an objection to any motion, application or petition, if not in a pending action or proceeding under N.J.S.22A:2-6, shall pay $20.
For withdrawal of money deposited in court where the sum to be withdrawn is less than $100.00, [no fee] a fee of $5; where the sum is $100.00 or more but less than $1,000.00, a fee of [$5.00] $10; where such sum is $1,000.00 or more, a fee of [$10.00] $20.
Entering judgment on bond and warrant by attorney and issuance of one final process, [$15.00] $30 in lieu of the fee required by [section] N.J.S.22A:2-6 [of this Title].
Recording of judgment in the civil judgment and order docket, $35.00 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section.
Docketing judgments or orders from other courts or divisions except from the Special Civil Part, including Chancery Division judgments, $35.00 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section and except that no fee shall be paid by any municipal court to docket a judgment of conviction and amount of assessment, restitution, fine, penalty or fee pursuant to subsection a. of N.J.S.2C:46-1.
Docketing judgments or orders from the Special Civil Part, $10.00 shall be paid to the clerk for use by the State, except as provided in subsection b. of this section.
Satisfaction of judgment or other lien, [$35.00] $50.
Recording assignment of judgment or release, [$5.00] $10.
Issuing of executions and recording same, except as otherwise provided in this article, [$5.00] $10.
Recording of instruments not otherwise provided for in this article, [$5.00] $10.
Filing and entering recognizance of civil bail, [$5.00] $30.
Signing and issuing subpoena, [$5.00] $10.
b. Moneys collected under the provisions of subsection a. of this section for the recording and docketing of judgments and satisfactions of judgments or other liens shall be deposited in the temporary reserve fund created by section 25 of P.L.1993, c.275. After December 31, 1994, the moneys collected under the provisions of subsection a. shall be for use by the State.
(cf: P.L.2002, c.34, s.27)
9. N.J.S.22A:2-12 is amended to read as follow:
22A:2-12. Payment of fees in Chancery Division of Superior Court upon filing of first paper. Upon the filing of the first paper in any action or proceeding in the Chancery Division of the Superior Court, there shall be paid to the clerk of the court, for the use of the State, the following fees, which, except as hereinafter provided, shall constitute the entire fees to be collected by the clerk for the use of the State, down to the final disposition of the cause:
Receivership and partition, [$200.00] $250.
All other actions and proceedings except in probate cases and actions and proceedings for divorce or dissolution of a civil union, [$200.00] $250.
Actions and proceedings for divorce or dissolution of a civil union, [$250.00] $300, [$25.00] $25 of which shall be forwarded by the Clerk of the Superior Court as provided in section 2 of P.L.1993, c.188 (C.52:27D-43.24a).
Any person filing a motion in any action or proceeding shall pay to the clerk $30.00.
Any person filing an objection to a motion in any action or proceeding shall pay $20.
(cf: P.L.2006, c.103, s.85)
10. N.J.S.22A:2-13 is amended to read as follows:
22A:2-13. Each person other than the plaintiff filing an answering pleading or other answering paper in the Chancery Division of the Superior Court shall at the time of filing the first paper, pay to the clerk the sum of [$135.00] $175; which shall cover all fees payable therein except such as may be otherwise provided herein or by law or the rules of court.
(cf: P.L.2002, c.34, s.30)
11. N.J.S.22A:2-15 is amended to read as follows:
22A:2-15. For performing services in all probate proceedings in the Superior Court, Chancery Division, Probate Part there shall be paid to the surrogate of the county of venue for the use of the county the following fees which, except as hereinafter provided, shall constitute the entire fees to be collected by the surrogate for the use of the county, down to the final disposition of the cause:
Each action upon the filing of the first paper in the action, [$135.00] $175 and upon the filing of an answering pleading or other answering paper, [$80.00] $100.
Application for relief filed subsequent to final judgment, upon the filing of the first paper, [$10.00] $30.
Objection to any application filed subsequent to final judgement, $20.
ACCOUNTING
Auditing, stating, reporting and recording accounts of executors, administrators, guardians, trustees, assignees, as follows:
In estates up to and including $2,000.00, [$50.00] $75;
In estates from $2,000.01 to and including $10,000.00, [$70.00] $100;
In estates from $10,000.01 to and including $30,000.00, [$85.00] $125;
In estates from $30,000.01 to and including $65,000.00, [$100.00] $150;
In estates from $65,000.01 to $200,000.00-- 1/5 of [1%] 2%;
In estates exceeding $200,000.00-- 1/10 of [1%] 2%, but not less than [$400.00] $450.
For each page of accounting, in excess of one, $3.00.
In computing the amount of an estate for the purpose of fixing the fees of the surrogate, for auditing and reporting the account, the balance from the prior account shall be excluded.
No fees herein allowed shall be charged against the recipient of any pension, bounty or allowance for services of the surrogate in respect thereof, pursuant to N.J.S.3B:13-9 to 3B:13-14.
COMMISSIONS ON DEPOSITS
On commissions on deposits, including any deposit made pursuant to sections 31 and 32 of chapter 67, of the laws of 1948, if under $100.00, 1/2 of [1%] 2% of it; if over $100.00 and under $1,000.00, 1/4 of [1%] 2% on such excess; if over $1,000.00, 1/8 of [1%] 2% of such excess.
MISCELLANEOUS CHARGES
Minimum charge for all other papers or services by the surrogate, $5.00.
(cf: P.L.1991, c.177, s.10)
12. N.J.S.22A:2-19 is amended to read as follows:
22A:2-19. Except as otherwise provided herein for probate proceedings in the Superior Court, the first copy of any order, judgment, pleading or other paper shall be certified by the Clerk of the Supreme Court or the Clerk of the Superior Court, as the case may be, and supplied to the attorney or litigant, free of charge, where such copy is furnished to the clerk for certification. All copies other than the first copy, supplied as aforesaid, shall be furnished upon the payment of [$5.00] $10 for the first five pages thereof, and [$0.75] $1 for each page in excess of five; provided, that a minimum charge of [$5.00] $10 shall be made for any such copy.
(cf: P.L.1991, c.177, s.11)
13. N.J.S.22A:2-20 is amended to read as follows:
22A:2-20. The Clerk of the Supreme Court and the Clerk of the Superior Court are authorized and directed to charge the following additional fees:
For affixing the seal of the Court to any document, [$5.00] $10;
For an exemplification, [$5.00] $10 ;
The Clerk of the Superior Court is authorized and directed to charge the following additional fees:
For filing notice of appeal in any division of the Superior Court and forwarding copy to the Appellate Division or Supreme Court, [$10.00] $20;
The Clerk of the Superior Court is authorized and directed to charge the following additional fees in the Chancery Division:
For a warrant of satisfaction, [$5.00] $50;
For a master's certificate certifying his appointment, [$5.00] $35;
A minimum charge for all other papers or services by the clerk, [$5.00] $10;
Commissions on appeals accounts and deposits for security for costs--two per centum (2%) on one hundred dollars ($100.00) or less; one and one half per centum (1 1/2%) on any excess of one hundred dollars ($100.00);
Commissions on paying out trust fund accounts (including all funds, moneys or other assets brought into and deposited in court)--two and one half per centum (2 1/2%) on the first one hundred dollars ($100.00); two per centum (2%) on the next nine hundred dollars ($900.00); one and one half per centum (1 1/2%) on the excess over one thousand dollars ($1,000.00).
(cf: P.L.1991, c.177, s.12)
14. N.J.S.22A:2-25 is amended to read as follows:
22A:2-25. Law Division filing fees.
Upon the filing, entering or docketing with the deputy clerk of the Superior Court in the various counties of the herein-mentioned papers or documents by either party to any action or proceeding in the Law Division of the Superior Court, other than a civil action in which a summons or writ must be issued, he shall pay the deputy clerk of the court the following fees:
Entering of complaint or first paper of any
action or proceeding ... .......................................[$9.00] $20;
Filing complaint..................................................[$ 3.00] $10
Filing answer or appearance.................................[$ 6.00] $15
Filing any other pleading, any amended pleading or
any amendment to a pleading .........................[$ 3.00] $10
Filing and entering each order or judgment of
court, including order to show cause...............[$ 6.00] $15
Filing and entering a voluntary dismissal, either by
stipulation or order of court............................[$ 7.50] $15
Filing notice of appeal..................................[$15.00] $30
Filing proceedings or papers on appeal................[$ 6.00] $15
Filing first paper on petition for
expungement ........................................[$22.50] $50
Filing any other paper or document not
herein stated ..................................................[$ 4.50] $10
Signing and sealing habeas corpus......................[$ 7.50] $15
Signing and issuing [subpena] subpoena..................[$1.50] $5
(cf: P.L.1985, c.422, s.1)
15. N.J.S.22A:2-27 is amended to read as follows:
22A:2-27. In cases appealed to the Law Division of the Superior Court from any inferior court or tribunal, criminal or civil, the clerk of the division shall charge a fee of [$75.00] $125 for filing a notice of appeal, appeal papers and proceedings, including judgment in the Superior Court or order of dismissal. The clerk shall pay this [$75.00] $125 to the treasurer of the county in which the appeal is taken for the use by the county. After December 31, 1994, this [$75.00] fee shall be paid to the clerk, for use by the State.
(cf: P.L.1993, c.275, s.12)
16. N.J.S.22A:2-29 is amended to read as follows:
22A:2-29. Upon the filing, indexing, entering or recording of the following documents or papers in the office of the county clerk or deputy clerk of the Superior Court, such parties, filing or having the same recorded or indexed in the county clerk's office or with the deputy clerk of the Superior Court in the various counties in this State in all civil or criminal causes, shall pay the following fees in lieu of the fees heretofore provided for the filing, recording or entering of such documents or papers:
In general--
Issuing county clerk's certificate, any instrument [$5.00] $10
Comparing and making copies, per sheet. [$2.00] $5
Copies of all papers, typing and comparing
of photostat, per page [$2.00] $5
Marking as a true copy, any instrument [$2.00] $5
Exemplification, any instrument $10.00
Plus $1.00 per page of instrument.
Recording or filing all instruments not
herein stated. [$7.50] $15
Bonds, bail, recognizances--
Recording all official bonds with acknowledgment and
proof of the execution thereof [$9.00] $25
Filing all papers related to recognizance
or civil bail [$ 30.00] $50
Filing discharge, attachment bond[$9.00]$50
Filing and recording filiation bond[$9.00]$50
Filing satisfaction of or order discharging
filiation bond [$9.00] $50
Recording or discharging sheriff's bond
[$9.00]$50
Nonbusiness corporation, recording:
Certificates of incorporation of churches, religious societies and congregations. [$25.00] $50
Amendments to certificates of incorporation of churches, religious societies and congregations, recording [$25.00] $50
Bank merger agreements, recording:
First sheet [$25.00] $50
Each additional sheet, Certificates, each [$5.00] $10
Tradenames, firms, partnerships:
Certificate of name, filing
(see R.S.56:1-1 et seq.) [$50.00] $100
Certificate of dissolution of tradename
(see R.S.56:1-6 et seq.) [$25.00] $50
Partnership agreement
(see R.S.42:1-1 et seq.) [$50.00] $100
Building and loan or savings and loan associations:
Change of name [$25.00] $50
Dissolution [$25.00] $50
Certificates for limited-dividend housing associations, recording:
First page [$20.00] $40
Each additional page [$5.00] $10
Certificates for urban renewal associations, recording:
First page [$20.00] $40
Each additional page [$5.00] $10
Judgments, et cetera--
Recording judgments [$15.00] $30
Filing, entering and recording judgment on bond
and warrant by attorney [$37.50] $75
Certificate for docketing Superior Court
transcript [$9.00] $20
Recording assignment of judgment $15.00
Issuing transcript of judgment [$7.50] $15
Filing or entering on the record of discharge,
cancellation, release or satisfaction of a judgment
by satisfaction piece, execution returned satisfied
or otherwise [$15.00] $30
For recording and indexing postponement of the lien
of judgment. [$20.00] $40
Filing, indexing and recording mechanic's
lien claim [$9.00] $20
Recording, filing and noting on the record the
discharge, release or satisfaction of a
mechanic's lien claim [$9.00] $20
Extension of lien claim [$3.00] $10
Filing statement in mechanic's lien proceeding [$9.00] $20
Filing, recording and indexing mechanic's notice of intention [$4.50] $10
Filing a certificate discharging a mechanic's notice of intention
and noting the discharge on the record thereof [$4.50] $10
Filing certificate from court of commencement
of suit [$4.50] $10
Filing a court order amending a mechanic's
notice of intention [$9.00] $20
Construction lien [$15.00] $30
Notice of unpaid balance, discharge [$15.00] $30
Notation [$5.00] $10
Bond [$25.00] $50
Filing a court order to discharge notice of intention and noting
the discharge on the record thereof [$15.00] $30
Filing, recording and indexing stop notice [$4.50] $10
Filing a certificate discharging a stop notice and noting the
discharge on the record thereof. [$4.50] $10
Filing a court order discharging a stop notice and noting the
discharge on the record thereof [$9.00] $20
Filing building contract [$25.00] $50
Filing discharge of building contract [$15.00] $30
Notation [$5.00] $10
Filing building specifications. [$25.00] $50
Filing building plans [$25.00] $50
Filing each notice of physician's lien [$15.00] $30
Entering upon the record the discharge of a
physician's lien [$15.00] $30
Filing each hospital lien claim [$15.00] $30
Discharge of hospital lien [$15.00] $30
Filing satisfaction or order for discharge of attachment [$15.00] $30
Recording collateral inheritance waiver or receipt
[$15.00] $30
Recording inheritance tax waiver.[$15.00] $30
Subordination, release, partial release or postponement of a lien
to lien of mortgage [$20.00] $40
Notation [$5.00] $10
Commissions and oaths--
Administering oaths to notaries public and commissioners of deeds [$15.00] $30
For issuing certificate of authority of notary to take proof,
acknowledgment of affidavit [$5.00] $10
For issuing each certificate of the commission and qualification of notary public for filing with other county clerks[$15.00] $30
For filing each certificate of
the commission and qualification of notary public, in office of county clerk
of county other than where such notary has qualified [$15.00] $30
Miscellaneous--Filing and recording proceedings for laying out,
vacating or dedicating roads [$25.00] $50
Recording firemen's certificates. No charge.
Registering physician [$25.00] $50
Issuing of nonalcoholic beverage identification card to persons under twenty-one years of age [$10.00] $20
(cf: P.L.2004, c.108, s.3)
17. N.J.S.22A:2-30 is amended to read as follows:
22A:2-30. Fees of surrogate and deputy clerk of the Superior Court.
Fees for services of the surrogate and deputy clerk of the Superior Court enumerated below shall be as follows and shall be for the use of the county in which the fees are collected:
PROBATE OF WILLS AND COPIES
Probate of a will of not more than two pages, [$100.00] $150.
Each additional page, [$5.00] $10.
The above fee is for all services in preparation and execution of complaint, filing proof of death, deposition of one witness, qualification of executor, filing power of attorney, surrogate's certificate, judgment for probate, letters testamentary, plain copy of will, binding, recording, microfilming or photostating, comparing, docketing, report to the Division of Taxation in the Department of the Treasury, report and transmission to the Clerk of the Superior Court.
Probate of will of not more than two pages without letters, [$50.00] $75. Each additional page, [$5.00] $10. This fee is for the same services as are enumerated in the preceding paragraph, except letters, surrogate's certificate and qualification of executor.
Probate of each codicil, not exceeding one page, [$25.00]$50.
Where codicil requires an additional witness, [$5.00]$10.
To reopen probate proceedings for qualification of executor or taking proof of extra witness, [$25.00]$50.
One witness in the above probate proceedings, no charge.
Each additional witness, [$5.00]$10.
Recording and comparing, microfilming or photostating, each additional page of will or codicil, [$5.00]$10.
Filing, entering, issuing and recording, microfilming or photostating, proceedings in commission for deposition of foreign witness to a will or codicil, [$35.00]$50. Plain extra copy of will, [$3.00] $5 for each page.
Certified extra copy of will, [$5.00] $10 for each page, plus [$5.00] $10 for certificate.
Certified copy of will with proofs for New Jersey county, not exceeding two pages including will and codicil, [$50.00] $75. For pages in excess of two, [$5.00] $10 for each page.
Wills filed but not probated (as, where there are no assets), [$10.00] $20 for first two pages, [$5.00] $10 for each additional page, [$5.00] $10 for cover letter stating no assets, [$5.00] $10 for death certificate.
Exemplifying will for another state, not exceeding two pages including will and codicil, plus cost of certificate of Secretary of State when requisite, [$75.00] $100 (not including $9.00 fee for exemplified forms). For pages in excess of two, [$5.00] $10 for each page.
Recording, microfilming or photostating, docketing, indexing, filing and reporting to the Division of Taxation in the Department of the Treasury an exemplified copy of will and probate proceedings from another state, [$5.00] $10 for each page.
Recording, microfilming or photostating, docketing, indexing and filing a certified copy of will with proofs from New Jersey, [$5.00] $10 for each page.
Recording, microfilming or photostating certified transcripts of wills admitted to probate and probate proceedings or letters of administration and administration proceedings granted by the Superior Court, [$5.00] $10 for each page.
LETTERS OF TRUSTEESHIP
Acceptance of trustee and letters of trusteeship, including one certificate, [$50.00] $75.
LETTERS OF ADMINISTRATION
General administration, including preparation and execution of complaint, bond, surety affidavits, necessary recording, microfilming or photostating, indexing, filing, report to the Division of Taxation, including power of attorney and death certificate, in the Department of the Treasury and the Clerk of the Superior Court and original letters including authorization to accept service of process and death certificate, [$125.00] $150, and for other documents, [$5.00] $10 per page.
Administration ad prosequendum, [$50.00] $75, and for other documents, [$5.00] $10 per page.
Exemplifying administration, [$75.00] $100.
Certified copy of administration, [$50.00] $75.
Affidavits of surviving spouse or next of kin where the value of the real and personal assets of the estate does not exceed $20,000.00 or $10,000.00, respectively, [$5.00] $10 for each $100.00 or part thereof. Total cost shall not exceed [$50.00] $100. This fee is waived where the value of the assets of the estate does not exceed $200.00.
LETTERS OF GUARDIANSHIP
Granting letters of guardianship, acceptance of guardianship and filing of power of attorney, [$50.00] $75.
Affidavits of estates of minors where value of real and personal estate does not exceed $5,000.00, [$5.00] $10 per page.
Miscellaneous petitions and orders, [$5.00] $10 per page.
INVENTORIES
For all services in appointment of appraisers, [$25.00] $50.
Filing, entering and recording, microfilming or photostating, inventory and appraisement, not exceeding one page, and affidavits of appraisers and executor, [$25.00] $50.
For each additional page, [$5.00] $10.
ACCOUNTING
For filing complaint and one page of accounting, [$175.00]$200.
For auditing, stating, reporting and recording, microfilming or photostating, accounts of executors, administrators, guardians, trustees and assignees, including drawing judgment, but exclusive of advertising costs:
In estates up to and including $2,000.00,[no additional fee]$50.
In estates from $2,001.00 to and including $10,000.00, [$100.00]$150.
In estates from $10,001.00 to and including $30,000.00, [$125.00] $175.
In estates from $30,001.00 to and including $65,000.00, [$150.00] $200.
In estates from $65,001.00 to and including $200,000.00, 3/10 of [1% ]2% but not less than [$300.00]$350.
In estates exceeding $200,000.00--4/10 of [1%]2%, but not less than [$400.00]$450.
For each page of accounting in excess of one, [$5.00]$10.
In computing the amount of an estate for the purpose of fixing the fees of a surrogate for auditing and reporting the account, the balance from the prior account shall be excluded.
For preparing notice of settlement of accounts and copies of the same, forwarding notice to newspaper, with directions as to publication, obtaining proofs of publication, keeping a record of notices and newspapers to which they are sent and of the moneys received to defray the cost of advertising and transmitting advertising charges to newspaper, [$50.00]$75.
No fees herein allowed shall be charged against the recipient of any pension, bounty or allowance, for services of the surrogate and the Probate Part of the Chancery Division of the Superior Court in respect thereof, pursuant to N.J.S.3B:13-9 to 3B:13-14.
MISCELLANEOUS PROCEEDINGS
Proceedings relative to presumption of death, filing, entering and recording, microfilming or photostating (exclusive of letters), with additional fee for advertising, [$175.00]$200.
Sale of land to pay debts (exclusive of advertising), [$175.00]$200.
Sale of land in fulfillment of contract made by decedent, [$175.00]$200.
Sale of lands within one year, [$175.00] $200.
Sale of minor's land, [$175.00] $200.
Distribution, filing and entering complaint, recording, microfilming or photostating, and filing judgment, [$175.00] $200.
Filing of first paper in action in the Superior Court, Chancery Division, Probate Part, [$175.00] $200.
Filing of answering pleadings or other answering papers in Superior Court, Chancery Division, Probate Part (First paper filed by anyone other than Plaintiff), [$110.00] $150.
Adoption of adults, filing and entering proceedings (all papers) including one judgment, [$175.00] $200.
Adoption of minors, filing and entering proceedings (all papers) including one judgment, [$175.00] $200.
Application for relief subsequent to final judgment in the Superior Court, Chancery Division, Probate Part, [$25.00]$50.
Proceedings for the appointment of a conservator, with or without jury trial, [$175.00] $200.
Proceeding for the determination of incapacity and for the appointment of a guardian for an alleged incapacitated person, with or without jury trial, [$200.00] $250.
Proceedings in connection with payment into court of proceeds of a judgment in favor of a minor, in lieu of bond, pursuant to N.J.S.3B:15-16 and N.J.S.3B:15-17 (in addition to fees payable under Letters of Guardianship), the following fees are payable upon withdrawal of funds on deposit:
For each withdrawal including petitions and orders provided and prepared by the surrogate for withdrawal of funds for court approval:
Up to and including $500.00, [$20.00]$50.
From $501.00 to and including $1,000.00, [$25.00]$60.
From $1,001.00 to and including $5,000.00, [$30.00]$70.
From $5,001.00 to and including $10,000.00, [$35.00]$80.
From $10,001.00 to and including $25,000, [$40.00]$90.
From $25,001.00 to and including $50,000.00, [$60.00]$100.
In excess of $50,000.00, [$100.00]$150.
MISCELLANEOUS CHARGES
Short certificates, [$5.00] $10.
Validating short certificate within one year of issue of date, [$3.00]$10.
Subpoenas, each, [$25.00]$50.
Marking true copies, subpoenas, each, [$3.00]$10.
Marking true copies, orders to show cause, each, [$3.00]$10.
Marking true copies of other papers, each, [$3.00] $10.
Authorization of process, [$5.00]$10.
Swearing each witness, [$2.00]$5.
Adjournment or continuance, [$15.00]$30.
Miscellaneous orders of court, first page, [$5.00]$10.
For each additional page, [$5.00] $10.
Recording, microfilming or photostating all papers not herein provided for, $5.00 for each page.
For making copies not otherwise provided for, [$3.00]$10 for each page.
Filing transcript of death certificate, [$5.00]$10.
Power of attorney, per page [$5.00]$10 plus [$5.00] $10 for certified mail.
Search fee, per estate [$10.00] $20.
Proceedings relative to appointment of a guardian ad litem, [$25.00] $50.
Renunciation by one person, filing, entering and recording, or photostating, [$5.00] $10. Each additional person, [$3.00] $5.
Caveat, filing or withdrawing, [$25.00] $50.
Combined refunding bond and release of not more than two pages, filing, entering, microfilming and recording, or photostating, [$10.00] $20. [$5.00] $10 for each additional page. Additional charge for county clerk's certificate, [$5.00] $10.
Release of not more than two pages of refunding bond and release, [$10.00] $20. [$5.00] $10 for each additional page. Additional charge for county clerk's certificate, [$5.00] $10.
Assignments of legacy or interest, [$10.00] $20 per page, plus [$5.00] $10 where county clerk's certificate is necessary.
Filing all papers not herein provided for, [$5.00] $10, if microfilming process is used, [$5.00] $10 per page.
Plain copy of two-page will, [$6.00] $15.
Each additional page, [$3.00] $10.
Filing of motions in the Superior Court, Chancery Division, Probate Part, [$15.00] $30.
Notice of appeal (trial court), [$10.00] $20.
Minimum charge for all other papers or services in proceedings in the Superior Court, Chancery Division, Probate Part, [$5.00] $10.
3B:14-48 Service of Process by Surrogate, [$25.00] $50.
Duplicating or copying of microfiche, digital tape, high density disks, optically scanned and recorded materials or for any other media used to record or preserve records, [$150.00] $200 per medium recorded.
Processing fee for returned check, [$20.00] $40 plus bank fee.
(cf: P.L.2005, c.370, s.14)
18. N.J.S.22A:2-35 is amended to read as follows:
22A:2-35. Fees on assignments for the benefit of creditors. The surrogate, as surrogate and deputy clerk of the Superior Court, shall receive for services with respect to an assignment for the benefit of creditors, for the use of the county in which the fees are collected, up to but not including any accounting, a fee of [$75.00] $125.
(cf: P.L.1988, c.109, s.2)
19. Section 14 of P.L.1991, c.177 (C.22A:2-37.1) is amended to read as follows:
14. a. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:
(1) Filing of small claim, one defendant[$15.00] $35
Each additional defendant $2.00
(2) Filing of complaint in tenancy,
one defendant [$25.00] $50
Each additional defendant $2.00
(3) (a) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
exceeds the small claims monetary limit [$50.00] $75
Each additional defendant $2.00
(b) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
does not exceed the small claims monetary limit
[$32.00] $50
Each additional defendant $2.00
(4) Filing of appearance or answer
to a complaint or third party complaint in all
matters except small claims [$15.00] $30
(5) Service of Process: Fees for service of process, including: summons by mail, each defendant; summons by mail each defendant at place of business or employment with postal instructions to deliver to addressee only; reservice of summons by mail, each defendant; postage for substituted service of process by the clerk upon the Chief Administrator of the New Jersey Motor Vehicle Commission in addition to the substituted service fee provided below; and wage execution by mail to a federal agency, shall be set by the Administrative Director of the Courts. The fee for service of process shall not exceed the postal rates for ordinary and certified mail, return receipt requested, and may include an administrative fee that shall not exceed $0.25 for each defendant served with process by mail. The total service of process fee shall be rounded upward to the nearest dollar. For the purposes of this paragraph, service of process means the simultaneous mailing by ordinary and certified mail, return receipt requested, to the defendant at the address provided by the plaintiff.
Reservice of summons or other original process by
court officer, one defendant $ 3.00
plus mileage
Each additional defendant $2.00
plus mileage
Substituted service of process by the clerk upon
the Chief Administrator of the
New Jersey Motor Vehicle Commission [$10.00] $15
(6) Mileage of court officer in serving or executing any process, writ, order, execution, notice, or warrant, the distance to be computed by counting the number of miles in and out, by the most direct route from the place where process is issued, at the same rate per mile set by the State for other State employees and the total mileage fee rounded upward to the nearest dollar
(7) Jury of six persons [$50.00] $100
(8) Warrant for possession in tenancy [$15.00] $35
(9) Warrant to arrest, commitment
or writ of capias ad respondendum, each defendant
[$15.00] $35,
(10) Writ of execution or an order in
the nature of execution, writs of replevin and
attachment issued subsequent to summons
[$5.00] $10
(11) For advertising property under execution
or any order [$10.00] $50,
(12) For selling property under
execution or any order [$10.00] $50,
(13) Exemplified copy of judgment
(two pages) [$5.00] $10
each additional page $1.00
b. (Deleted by amendment, P.L.2002, c.34).
c. (Deleted by amendment, P.L.2002, c.34).
d. (Deleted by amendment, P.L.2009, c.32).
(cf: P.L.2009, c.32, s.1)
20. N.J.S.22A:3-4 is amended to read as follows:
22A:3-4. Fees for criminal proceedings.
The fees provided in the following schedule, and no other charges whatsoever, shall be allowed for court costs in any proceedings of a criminal nature in the municipal courts but no charge shall be made for the services of any salaried police officer of the State, county or municipal police.
For violations of Title 39 of the Revised Statutes, or of traffic ordinances, at the discretion of the court, up to but not exceeding [$33] $75.
For all other cases, at the discretion of the court, up to but not exceeding [$33] $75.
In municipal court proceedings, the court shall impose court costs within the maximum limits authorized by this section, as follows:
a. For every violation of any statute or ordinance the sum of [$2.00] $25. The court shall not suspend the collection of this [$2.00] $25 court cost assessment. [These court cost assessments] Of this amount, two dollars shall be collected by the municipal court administrator for deposit into the Automated Traffic System Fund, created pursuant to N.J.S.2B:12-30.
b. For each fine, penalty and forfeiture imposed and collected under authority of law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State the sum of [$.50] $10. The court shall not suspend the collection of this [$.50] $10 court cost assessment. [These court cost assessments] Of this amount, one dollar shall be collected by the municipal court administrator for deposit into the "Emergency Medical Technician Training Fund" established pursuant to P.L.1992, c.143 (C.26:2K-54 et al.).
c. For every violation of any statute or ordinance the sum of [$3] $15 shall be collected. Of this amount three dollars shall go to fund the Statewide modernization of the Automated Traffic System. The court shall not suspend the collection of this [$3] $15 court cost assessment. [These court cost assessments] Of this amount, three dollars shall be collected by the municipal court administrator for deposit into the Automated Traffic System Statewide Modernization Fund, established pursuant to section 1 of P.L.2004, c.62 (C.2B:12-30.1). The remaining amount shall be deposited in the General Fund.
The provisions of this act shall not prohibit the taxing of additional costs when authorized by R.S.39:5-39.
For certificate of judgment......... [$4.00] $25
For certified copy of paper filed with the court as a public record:
First page......... [$4.00] $25
Each additional page or part thereof......... [$1.00] $5
For copy of paper filed with the court as a public record:
First page......... [$2.00] $10
Each additional page or part thereof......... [$1.00] $5
In addition to any fine
imposed, when a supplemental notice is sent for failure to appear on a return
date the cost shall be [$10.00] $25 per
notice, unless satisfactory evidence is presented to the court that the notice
was not received.
CONSTABLES OR OTHER OFFICERS
From the fees allowed for court costs in the foregoing schedule, the clerk of the court shall pay the following fees to constables or other officers:
Serving warrant or summons, $1.50.
Serving every subpoena, $0.70.
Serving every execution, $1.50.
Advertising property under execution, $0.70.
Sale of property under execution, $1.00.
Serving every commitment, $1.50.
Transport of defendant, actual cost.
Mileage, for every mile of travel in serving any warrant, summons, commitment, subpoena or other process, computed by counting the number of miles in and out, by the most direct route from the place where such process is returnable, exclusive of the first mile, $0.20.
If defendant is found guilty of the charge laid against him, he shall pay the costs herein provided, but if, on appeal, the judgment is reversed, the costs shall be repaid to defendant. If defendant is found not guilty of the charge laid against him, the costs shall be paid by the prosecutor, except when the Chief Administrator of the New Jersey Motor Vehicle Commission, a peace officer, or a police officer shall have been prosecutor.
(cf: P.L.2004, c.62, s.2)
21. Section 11 of P.L.1987, c.435 (C.22A:4-1a) is amended to read as follows:
11. For services herein enumerated the State Treasurer shall collect the following fees:
a. For filing any original business certificate for which no other fee is fixed by statute or regulation, [$125] $175.
For filing any change or amendment to a previously filed document for which no other fee is fixed by statute or regulation, [$75] $125.
For issuing any certificate or filing any other document for which no other fee is fixed by statute or regulation, [$25.00] $75, except that the provisions of this subsection shall not apply to:
(1) certificates of appointments for gubernatorial appointees;
(2) documents filed by public bodies under the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.);
(3) financial disclosures filed by State officials;
(4) oaths of office;
(5) resignation of office holders;
(6) documents filed by other State government entities indexed in the department's miscellaneous file.
b. For certification or exemplification of any document on file, [$25.00] $50.
c. For certification or exemplification of any signature on file, including the issuance of a certificate for proving a document outside the United States, also known as an apostille, $25.00; except that in cases of adoption of a child, the fee for an apostille shall be [$5.00] $10.
d. For filing a certified copy of an order of change of name, [$50.00] $100.
e. For a paper copy of any document on file, up to $0.10 per letter size page or smaller and up to $0.15 per legal size page or larger. If a roll of microfilm images is requested, the State Treasurer shall collect a fee of $1.00 for each image on the microfilm roll. If a microfiche copy of a microfiche is requested, $3.00.
f. For filing a proof of publication, [$10.00] $25.
(cf: P.L.2010, c.75, s.1)
22. N.J.S.2C:43-3 is amended to read as follows:
2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) [$200,000.00] $250,000 when the conviction is of a crime of the first degree;
(2) [$150,000.00] $200,000 when the conviction is of a crime of the second degree;
b. (1) [$15,000.00] $30,000 when the conviction is of a crime of the third degree;
(2) [$10,000.00] $20,000 when the conviction is of a crime of the fourth degree;
c. [$1,000.00] $2,000, when the conviction is of a disorderly persons offense;
d. [$500.00] $1,000, when the conviction is of a petty disorderly persons offense;
e. Any higher amount equal to double the pecuniary gain to the offender or loss to the victim caused by the conduct constituting the offense by the offender. In such case the court shall make a finding as to the amount of the gain or loss, and if the record does not contain sufficient evidence to support such a finding the court may conduct a hearing upon the issue. For purposes of this section the term "gain" means the amount of money or the value of property derived by the offender and "loss" means the amount of value separated from the victim or the amount of any payment owed to the victim and avoided or evaded and includes any reasonable and necessary expense incurred by the owner in recovering or replacing lost, stolen or damaged property, or recovering any payment avoided or evaded, and, with respect to property of a research facility, includes the cost of repeating an interrupted or invalidated experiment or loss of profits. The term "victim" shall mean a person who suffers a personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a crime committed against that person, or in the case of a homicide, the nearest relative of the victim. The terms "gain" and "loss" shall also mean, where appropriate, the amount of any tax, fee, penalty and interest avoided, evaded, or otherwise unpaid or improperly retained or disposed of;
f. Any higher amount specifically authorized by another section of this code or any other statute;
g. Up to twice the amounts authorized in subsection a., b., c. or d. of this section, in the case of a second or subsequent conviction of any tax offense defined in Title 54 of the Revised Statutes or Title 54A of the New Jersey Statutes, as amended and supplemented, or of any offense defined in chapter 20 or 21 of this code;
h. In the case of violations of chapter 35, any higher amount equal to three times the street value of the controlled dangerous substance or controlled substance analog. The street value for purposes of this section shall be determined pursuant to subsection e. of N.J.S.2C:44-2.
The restitution ordered paid to the victim shall not exceed the victim's loss, except that in any case involving the failure to pay any State tax, the amount of restitution to the State shall be the full amount of the tax avoided or evaded, including full civil penalties and interest as provided by law. In any case where the victim of the offense is any department or division of State government, the court shall order restitution to the victim. Any restitution imposed on a person shall be in addition to any fine which may be imposed pursuant to this section.
(cf: P.L.1997, c.181, s.12)
23. Section 2 of P.L.1979, c.396 (C.2C:43-3.1) is amended to read as follows:
2. a. (1) In addition to any disposition made pursuant to the provisions of N.J.S.2C:43-2, any person convicted of a crime of violence, theft of an automobile pursuant to N.J.S.2C:20-2, eluding a law enforcement officer pursuant to subsection b. of N.J.S.2C:29-2 or unlawful taking of a motor vehicle pursuant to subsection b., c. or d. of N.J.S.2C:20-10 shall be assessed at least [$100.00] $200, but not to exceed [$10,000.00] $15,000 for each such crime for which he was convicted which resulted in the injury or death of another person. In imposing this assessment, the court shall consider factors such as the severity of the crime, the defendant's criminal record, defendant's ability to pay and the economic impact of the assessment on the defendant's dependents.
(2) (a) In addition to any
other disposition made pursuant to the provisions of N.J.S.2C:43-2 or any other
statute imposing sentences for crimes, any person convicted of any disorderly
persons offense, any petty disorderly persons offense, or any crime not resulting
in
the injury or death of any other person shall be assessed [$50.00] $100 for each such offense or crime for which he was convicted.
(b) In addition to any other disposition made pursuant to the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43) or any other statute indicating the dispositions that can be ordered for adjudications of delinquency, any juvenile adjudicated delinquent, according to the definition of "delinquency" established in section 4 of P.L.1982, c.77 (C.2A:4A-23), shall be assessed at least [$30.00] $100 for each such adjudication, but not to exceed the amount which could be assessed pursuant to paragraph (1) or paragraph (2) (a) of subsection a. of this section if the offense was committed by an adult.
(c) In addition to any other assessment imposed pursuant to the provisions of R.S.39:4-50, the provisions of section 12 of P.L.1990, c.103 (C.39:3-10.20) relating to a violation of section 5 of P.L.1990, c.103 (C.39:3-10.13), the provisions of section 19 of P.L.1954, c.236 (C.12:7-34.19) or the provisions of section 3 of P.L.1952, c.157 (C.12:7-46), any person convicted of operating a motor vehicle, commercial motor vehicle or vessel while under the influence of liquor or drugs shall be assessed [$50.00] $100.
(d) In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S.2C:43-13 or imposed as a term or condition of conditional discharge pursuant to N.J.S.2C:36A-1, a participant in either program shall be required to pay an assessment of [$50.00] $100.
(3) All assessments provided for in this section shall be collected as provided in section 3 of P.L.1979, c.396 (C.2C:46-4) and the court shall so order at the time of sentencing. When a defendant who is sentenced to incarceration in a State correctional facility has not, at the time of sentencing, paid an assessment for the crime for which he is being sentenced or an assessment imposed for a previous crime, the court shall specifically order the Department of Corrections to collect the assessment during the period of incarceration and to deduct the assessment from any income the inmate receives as a result of labor performed at the institution or on any work release program or from any personal account established in the institution for the benefit of the inmate. All moneys collected, whether in part or in full payment of any assessment imposed pursuant to this section, shall be forwarded monthly by the parties responsible for collection, together with a monthly accounting on forms prescribed by the Victims of Crime Compensation [Board] Office pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1), to the Victims of Crime Compensation [Board] Office.
(4) The Victims of Crime Compensation [Board] Office shall forward monthly all moneys received from assessments collected pursuant to this section to the State Treasury for deposit as follows:
(a) Of moneys collected on assessments imposed pursuant to paragraph a. (1):
(i) the first $72.00 collected for deposit in the Victims of Crime Compensation [Board] Office Account,
(ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund,
(iii) the next $25.00 collected for deposit in the Victim Witness Advocacy Fund, and
(iv) moneys collected in excess of $100.00 for deposit in the Victims of Crime Compensation [Board] Office Account;
(b) Of moneys collected on assessments imposed pursuant to paragraph a. (2) (a), (c) or (d):
(i) the first $39.00 collected for deposit in the Victims of Crime Compensation [Board] Office Account,
(ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and
(iii) the next $8.00 collected for deposit in the Victim and Witness Advocacy Fund;
(c) Of moneys collected on assessments imposed pursuant to paragraph a. (2) (b):
(i) the first $17.00 for deposit in the Victims of Crime Compensation [Board] Office Account, and
(ii) the next $3.00 collected for deposit in the Criminal Disposition and Revenue Collection Fund, and
(iii) the next $10.00 for deposit in the Victim and Witness Advocacy Fund, and
(iv) moneys collected in excess of $30.00 for deposit in the Victims of Crime Compensation [Board] Office Account.
(5) The Victims of Crime Compensation [Board] Office shall provide the Attorney General with a monthly accounting of moneys received, deposited and identified as receivable, on forms prescribed pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1).
(6) (a) The Victims of Crime Compensation [Board] Office Account shall be a separate, nonlapsing, revolving account that shall be administered by the Victims of Crime Compensation [Board] Office. All moneys deposited in that Account shall be used in satisfying claims pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.) and for related administrative costs.
(b) The Criminal Disposition and Revenue Collection Fund shall be a separate, nonlapsing, revolving account that shall be administered by the Victims of Crime Compensation [Board] Office. All moneys deposited in that Fund shall be used as provided in section 19 of P.L.1991, c.329 (C.52:4B-8.1).
(c) The Victim and Witness Advocacy Fund shall be a separate, nonlapsing, revolving fund and shall be administered by the Division of Criminal Justice, Department of Law and Public Safety and all moneys deposited in that Fund pursuant to this section shall be used for the benefit of victims and witnesses of crime as provided in section 20 of P.L.1991, c.329 (C.52:4B-43.1) and for related administrative costs.
b. (Deleted by amendment, P.L.1991, c.329).
c. (Deleted by amendment, P.L.1991, c.329).
d. (Deleted by amendment, P.L.1991, c.329).
(cf: P.L.1995, c.135, s.1)
24. Section 11 of P.L.1993, c.220 (C.2C:43-3.2) is amended to read as follows:
11. a. (1) In addition to any other fine, fee or assessment imposed, any person convicted of a crime, disorderly or petty disorderly persons offense or violation of R.S.39:4-50 shall be assessed [$75] $150 for each conviction.
(2) In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S.2C:43-13 or imposed as a term or condition of conditional discharge pursuant to section 3 of P.L.1987, c.106 (C.2C:36A-1), a participant in either program shall be required to pay an assessment of [$75] $150.
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 Safe Neighborhoods Services Fund created by section 5 of this act.
(cf: P. L.1993, c.220, s.11)
25. Section 9 of P.L.1996, c.115 (C.2C:43-3.3) is amended to read as follows:
9. a. In addition to any disposition made pursuant to the provisions of Title 2C of the New Jersey Statutes, any person convicted of a crime shall be assessed a penalty of [$30] $50.
b. In addition to any other disposition made pursuant to the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43) or any other statute indicating the dispositions that may be ordered for adjudications of delinquency, a juvenile adjudicated delinquent for an offense which if committed by an adult would be a crime shall be assessed a penalty of [$15] $30.
c. The penalties assessed under subsections a. and b. of this section shall be collected as provided for the collection of fines and restitution in section 3 of P.L.1979, c.396 (C.2C:46-4) and forwarded to the State Treasury for deposit in a separate account to be known as the "Law Enforcement Officers Training and Equipment Fund." The penalty assessed in this section shall be collected only after a penalty assessed in section 2 of P.L.1979, c.396 (C.2C:43-3.1) and any restitution ordered is collected.
The fund shall be used to support the development and provision of basic and in-service training courses for law enforcement officers by police training schools approved pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.). In addition, the fund shall also be used to enable police training schools to purchase equipment needed for the training of law enforcement officers. Distributions from the fund shall only be made directly to such approved schools.
d. The Police Training Commission in the Department of Law and Public Safety shall be responsible for the administration and distribution of the fund pursuant to its authority under section 6 of P.L.1961, c.56 (C.52:17B-71).
e. An adult prisoner of a State correctional institution who does not pay the penalty imposed pursuant to this section shall have the penalty deducted from any income the inmate receives as a result of labor performed at the institution or any type of work release program. If any person, including an inmate, fails to pay the penalty imposed pursuant to this section, the court may order the suspension of the person's driver's license or nonresident reciprocity privilege, or prohibit the person from receiving or obtaining a license until the assessment is paid. The court shall notify the Director of the Division of Motor Vehicles of such an action. Prior to any action being taken pursuant to this subsection, the person shall be given notice and a hearing before the court to contest the charge of the failure to pay the assessment.
(cf: P.L.1996, c.115, s.9)
26. Section 1 of P.L.1999, c.295 (C.2C:43-3.5) is amended to read as follow:
1. a. In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S.2C:43-13 or imposed as a term or condition of conditional discharge pursuant to N.J.S.2C:36A-1 for a violation of any offense defined in chapter 35 or 36 of Title 2C of the New Jersey Statutes, each participant shall be assessed a penalty of [$50] $100 for each adjudication or conviction.
b. All penalties provided by 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 monies collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited in the " Drug Abuse Education Fund" established pursuant to section 1 of P.L.1999, c.12 (C.54A:9-25.12).
d. Monies in the fund shall
be appropriated by the Legislature on an annual basis in the manner and for the
purposes prescribed by
section 2 of P.L.1999, c.12 (C.54A:9-25.13).
(cf: P.L.1999, c.295, s.1)
27. Section 11 of P.L.2001, c.81 (C.2C:43-3.6) is amended to read as follows:
11. a. In addition to any fine, fee, assessment or penalty authorized under the provisions of Title 2C of the New Jersey Statutes, a person convicted of a sex offense, as defined in section 2 of P.L.1994, c.133 (C.2C:7-2), shall be assessed a penalty of [$800] $1,000 for each such offense.
b. All penalties provided for in this section, collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), shall be forwarded to the Department of the Treasury to be deposited in the "Statewide Sexual Assault Nurse Examiner Program Fund" established pursuant to section 12 of P.L.2001, c.81 (C.52:4B-59).
(cf: P.L.2001, c.81, s.11)
28. Section 51 of P.L.2002, c.34 (C. 2C:43-3.7) is amended to read as follow:
51. In addition to any other penalty, fine or charge imposed pursuant to law, a person convicted of an act of aggravated sexual assault or sexual assault under N.J.S.2C:14-2, or aggravated criminal sexual contact or criminal sexual contact under N.J.S.2C:14-3, shall be subject to a surcharge in the amount of [$100] $200 payable to the Treasurer of the State of New Jersey, $100 of which shall be for use by the Department of Community Affairs to fund programs and grants for the prevention of violence against women.
(cf: P.L.2002, c.34, s.51)
29. N.J.S.2C:45-1 is amended to read as follows:
2C:45-1. Conditions of Suspension or Probation.
a. When the court suspends the imposition of sentence on a person who has been convicted of an offense or sentences him to be placed on probation, it shall attach such reasonable conditions, authorized by this section, as it deems necessary to insure that he will lead a law-abiding life or is likely to assist him to do so. These conditions may be set forth in a set of standardized conditions promulgated by the county probation department and approved by the court.
b. The court, as a condition of its order, may require the defendant:
(1) To support his dependents and meet his family responsibilities;
(2) To find and continue in gainful employment;
(3) To undergo available medical or psychiatric treatment and to enter and remain in a specified institution, when required for that purpose;
(4) To pursue a prescribed secular course of study or vocational training;
(5) To attend or reside in a facility established for the instruction, recreation or residence of persons on probation;
(6) To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;
(7) Not to have in his possession any firearm or other dangerous weapon unless granted written permission;
(8) (Deleted by amendment, P.L.1991, c.329);
(9) To remain within the jurisdiction of the court and to notify the court or the probation officer of any change in his address or his employment;
(10) To report as directed to the court or the probation officer, to permit the officer to visit his home, and to answer all reasonable inquiries by the probation officer;
(11) To pay a fine;
(12) To satisfy any other conditions reasonably related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience;
(13) To require the performance of community-related service; and
(14) To be subject to Internet access conditions pursuant to paragraph (2) of subsection d. of this section.
In addition to any condition of probation, the court may enter an order prohibiting a defendant who is convicted of a sex offense from having any contact with the victim including, but not limited to, entering the victim's residence, place of employment or business, or school, and from harassing or stalking the victim or victim's relatives in any way, and may order other protective relief as provided in section 2 of P.L.2007, c.133 (C.2C:14-12).
c. The court, as a condition of its order, shall require the defendant to pay any assessments required by section 2 of P.L.1979, c.396 (C.2C:43-3.1) and shall, consistent with the applicable provisions of N.J.S.2C:43-3, N.J.S.2C:43-4 and N.J.S.2C:44-2 or section 1 of P.L.1983, c.411 (C.2C:43-2.1) require the defendant to make restitution.
d. (1) In addition to any condition imposed pursuant to subsection b. or c., the court shall order a person placed on probation to pay a fee, not exceeding [$25.00] $50 per month for the probationary term, to probation services for use by the State, except as provided in subsection g. of this section. This fee may be waived in cases of indigency upon application by the chief probation officer to the sentencing court.
(2) In addition to any
conditions imposed pursuant to subsection b. or c., the court may order a
person who has been convicted or adjudicated delinquent of a sex offense as
defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2), and who is
required to register as provided in subsections c. and d. of section 2 of
P.L.1994, c.133 (C.2C:7-2), or who has been convicted or adjudicated delinquent for a violation of N.J.S.2C:34-3 to be subject to any of the following Internet access conditions:
(a) Prohibit the person from accessing or using a computer or any other device with Internet capability without the prior written approval of the court, except the person may use a computer or any other device with Internet capability in connection with that person's employment or search for employment with the prior approval of the person's probation officer;
(b) Require the person to submit to periodic unannounced examinations of the person's computer or any other device with Internet capability by a probation officer, law enforcement officer or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment or device to conduct a more thorough inspection;
(c) Require the person to submit to the installation on the person's computer or device with Internet capability, at the person's expense, one or more hardware or software systems to monitor the Internet use; and
(d) Require the person to submit to any other appropriate restrictions concerning the person's use or access of a computer or any other device with Internet capability.
e. When the court sentences a person who has been convicted of a crime to be placed on probation, it may require him to serve a term of imprisonment not exceeding 364 days as an additional condition of its order. When the court sentences a person convicted of a disorderly persons offense to be placed on probation, it may require him to serve a term of imprisonment not exceeding 90 days as an additional condition of its order. In imposing a term of imprisonment pursuant to this subsection, the sentencing court shall specifically place on the record the reasons which justify the sentence imposed. The term of imprisonment imposed hereunder shall be treated as part of the sentence, and in the event of a sentence of imprisonment upon the revocation of probation, the term of imprisonment served hereunder shall be credited toward service of such subsequent sentence. A term of imprisonment imposed under this section shall be governed by the "Parole Act of 1979," P.L.1979, c.441 (C.30:4-123.45 et al.).
Whenever a person is serving a term of parole as a result of a sentence of incarceration imposed as a condition of probation, supervision over that person shall be maintained pursuant to the provisions of the law governing parole. Upon termination of the period of parole supervision provided by law, the county probation department shall assume responsibility for supervision of the person under sentence of probation. Nothing contained in this section shall prevent the sentencing court from at any time proceeding under the provisions of this chapter against any person for a violation of probation.
f. The defendant shall be given a copy of the terms of his probation or suspension of sentence and any requirements imposed pursuant to this section, stated with sufficient specificity to enable him to guide himself accordingly. The defendant shall acknowledge, in writing, his receipt of these documents and his consent to their terms.
g. Of the moneys collected under the provisions of subsection d. of this section, $15.00 of each monthly fee collected before January 1, 1995 shall be deposited in the temporary reserve fund created by section 25 of P.L.1993, c.275, and $10.00 of each shall be deposited into a "Community Service Supervision Fund" which shall be established by each county. The moneys in the "Community Service Supervision Fund" shall be expended only in accordance with the provisions of State law as shall be enacted to provide for expenditures from this fund for the purpose of supervising and monitoring probationers performing community service to ensure, by whatever means necessary and appropriate, that probationers are performing the community service ordered by the court and that the performance is in the manner and under the terms ordered by the court.
(cf: P.L.2007, c.219, s.4)
30. N.J.S.2C:52-29 is amended to read as follows:
2C:52-29. Fee.
Any person who files an application pursuant to this chapter shall pay to the State Treasurer a fee of [$30.00] $50 to defer administrative costs in processing an application hereunder.
(cf: P.L.1979, c.178, s.136)
31. N.J.S.2C:58-1 is amended to read as follows:
2C:58-1. Registration of manufacturers and wholesale dealers of firearms
a. Registration. Every manufacturer and wholesale dealer of firearms shall register with the superintendent as provided in this section. No person shall engage in the business of, or act as a manufacturer or wholesale dealer of firearms, or manufacture or sell at wholesale any firearm, until he has so registered.
Applications for registration shall be made on such forms as shall be prescribed by the superintendent, and the applicant shall furnish such information and other particulars as may be prescribed by law or by any rules or regulations promulgated by the superintendent. Each application for registration or renewal shall be accompanied by a fee of $150.00.
The superintendent shall
prescribe standards and qualifications for the registration of manufacturers
and wholesalers of firearms, for the protection of the public safety, health
and welfare. He shall
refuse to register any applicant for registration unless he is satisfied that the applicant can be permitted to engage in business as a manufacturer or wholesale dealer of firearms without any danger to the public safety, health or welfare.
The superintendent shall issue a certificate of registration to every person registered under this section, and such certificate shall be valid for a period of 3 years from the date of issuance.
b. Wholesale dealer's agent. Every registered wholesale dealer of firearms shall cause each of his agents or employees actively engaged in the purchase or sale of firearms to be licensed with the superintendent as a wholesale dealer's agent. Applications for agents' licenses shall be submitted on such forms as shall be prescribed by the superintendent, and shall be signed by the registered wholesale dealer and by the agent. Each application shall be accompanied by a fee of [$5.00] $10, and each license shall be valid for so long as the agent or employee remains in the employ of the wholesale dealer and the wholesale dealer remains validly registered under this section. The superintendent shall prescribe standards and qualifications for licensed wholesale dealers' agents, for the protection of the public safety, health and welfare.
c. Revocation of certificate of registration or license. The superintendent may, after reasonable notice to all affected parties and a hearing if requested, revoke any certificate of registration or agent's license if he finds that the registered or licensed person is no longer engaged in the business of manufacturing or wholesaling firearms in this State or that he can no longer be permitted to carry on such business without endangering the public safety, health or welfare. A certificate or license may be canceled at any time at the request of the registered or licensed person.
d. Appeals. Any person aggrieved by the refusal of the superintendent to register him as a manufacturer or wholesale dealer or a wholesale dealer's agent, or by revocation of his certificate or license, may appeal to the Appellate Division of the Superior Court.
e. Records of sales. Every manufacturer and wholesale dealer shall keep a detailed record of each firearm sold by him. The record shall include the date of sale, the name and address of the purchaser, a description of each firearm and the serial number thereof. The records shall be available for inspection at all reasonable times by any law enforcement officer.
(cf: P.L.1978, c.95, s.2C:58-1)
32. N.J.S.2C:58-2 is amended to read as follows:
2C:58-2. a. Licensing of
retail dealers and their employees. No retail dealer of firearms nor any
employee of a retail dealer shall sell or expose for sale, or possess with the
intent of selling, any firearm unless licensed to do so as hereinafter
provided. The superintendent shall prescribe standards and qualifications for
retail dealers of firearms and their employees for the protection of the
public safety, health and welfare.
Applications shall be made in the form prescribed by the superintendent, accompanied by a fee of [$50] $60 payable to the superintendent, and shall be made to a judge of the Superior Court in the county where the applicant maintains his place of business. The judge shall grant a license to an applicant if he finds that the applicant meets the standards and qualifications established by the superintendent and that the applicant can be permitted to engage in business as a retail dealer of firearms or employee thereof without any danger to the public safety, health and welfare. Each license shall be valid for a period of three years from the date of issuance, and shall authorize the holder to sell firearms at retail in a specified municipality.
In addition, every retail dealer shall pay a fee of [$5] $7 for each employee actively engaged in the sale or purchase of firearms. The superintendent shall issue a license for each employee for whom said fee has been paid, which license shall be valid for so long as the employee remains in the employ of said retail dealer.
No license shall be granted to any retail dealer under the age of 21 years or to any employee of a retail dealer under the age of 18 or to any person who could not qualify to obtain a permit to purchase a handgun or a firearms purchaser identification card, or to any corporation, partnership or other business organization in which the actual or equitable controlling interest is held or possessed by such an ineligible person.
All licenses shall be granted subject to the following conditions, for breach of any of which the license shall be subject to revocation on the application of any law enforcement officer and after notice and hearing by the issuing court:
(1) The business shall be carried on only in the building or buildings designated in the license, provided that repairs may be made by the dealer or his employees outside of such premises.
(2) The license or a copy certified by the issuing authority shall be displayed at all times in a conspicuous place on the business premises where it can be easily read.
(3) No firearm or imitation thereof shall be placed in any window or in any other part of the premises where it can be readily seen from the outside.
(4) No rifle or shotgun,
except antique rifles or shotguns, shall be delivered to any person unless such
person possesses and exhibits a valid firearms purchaser identification card
and furnishes the seller, on the form prescribed by the superintendent, a
certification signed by him setting forth his name, permanent address, firearms
purchaser identification card number and such other information as the
superintendent may by rule or regulation require. The certification shall be
retained by the dealer and shall be made available for inspection by any law
enforcement officer at any reasonable time.
(5) No handgun shall be delivered to any person unless:
(a) Such person possesses and exhibits a valid permit to purchase a firearm and at least seven days have elapsed since the date of application for the permit;
(b) The person is personally known to the seller or presents evidence of his identity;
(c) The handgun is unloaded and securely wrapped;
(d) Except as otherwise provided in subparagraph (e) of this paragraph, the handgun is accompanied by a trigger lock or a locked case, gun box, container or other secure facility; provided, however, this provision shall not apply to antique handguns. The exemption afforded under this subparagraph for antique handguns shall be narrowly construed, limited solely to the requirements set forth herein and shall not be deemed to afford or authorize any other exemption from the regulatory provisions governing firearms set forth in chapter 39 and chapter 58 of Title 2C of the New Jersey Statutes; and
(e) On and after the first day of the sixth month following the date on which the list of personalized handguns is prepared and delivered pursuant to section 3 of P.L.2002, c.130 (C.2C:58-2.4), the handgun is identified as a personalized handgun and included on that list or is an antique handgun. The provisions of subparagraph (d) of this section shall not apply to the delivery of a personalized handgun.
(6) The dealer shall keep a true record of every handgun sold, given or otherwise delivered or disposed of, in accordance with the provisions of subsections b. through e. of this section and the record shall note whether a trigger lock, locked case, gun box, container or other secure facility was delivered along with the handgun.
(7) A dealer shall not knowingly deliver more than one handgun to any person within any 30-day period. This limitation shall not apply to:
(a) a federal, State, or local law enforcement officer or agency purchasing handguns for use by officers in the actual performance of their law enforcement duties;
(b) a collector of handguns as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) who has in his possession a valid Collector of Curios and Relics License issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives;
(c) transfers of handguns among licensed retail dealers, registered wholesale dealers and registered manufacturers;
(d) any transaction where the person has purchased a handgun from a licensed retail dealer and has returned that handgun to the dealer in exchange for another handgun within 30 days of the original transaction, provided the retail dealer reports the exchange transaction to the superintendent; or
(e) any transaction where
the superintendent issues an exemption from the prohibition in this subsection
pursuant to the
provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4).
b. Records. Every person engaged in the retail business of selling, leasing or otherwise transferring a handgun, as a retail dealer or otherwise, shall keep a register in which shall be entered the time of the sale, lease or other transfer, the date thereof, the name, age, date of birth, complexion, occupation, residence and a physical description including distinguishing physical characteristics, if any, of the purchaser, lessee or transferee, the name and permanent home address of the person making the sale, lease or transfer, the place of the transaction, and the make, model, manufacturer's number, caliber and other marks of identification on such handgun and such other information as the superintendent shall deem necessary for the proper enforcement of this chapter. The register shall be retained by the dealer and shall be made available at all reasonable hours for inspection by any law enforcement officer.
c. Forms of register. The superintendent shall prepare the form of the register as described in subsection b. of this section and furnish the same in triplicate to each person licensed to be engaged in the business of selling, leasing or otherwise transferring firearms.
d. Signatures in register. The purchaser, lessee or transferee of any handgun shall sign, and the dealer shall require him to sign his name to the register, in triplicate, and the person making the sale, lease or transfer shall affix his name, in triplicate, as a witness to the signature. The signatures shall constitute a representation of the accuracy of the information contained in the register.
e. Copies of register entries; delivery to chief of police or county clerk. Within five days of the date of the sale, assignment or transfer, the dealer shall deliver or mail by certified mail, return receipt requested, legible copies of the register forms to the office of the chief of police of the municipality in which the purchaser resides, or to the office of the captain of the precinct of the municipality in which the purchaser resides, and to the superintendent. If hand delivered a receipt shall be given to the dealer therefor.
Where a sale, assignment or transfer is made to a purchaser who resides in a municipality having no chief of police, the dealer shall, within five days of the transaction, mail a duplicate copy of the register sheet to the clerk of the county within which the purchaser resides.
(cf: P.L.2009, c.186, s.1)
33. N.J.S.2C:58-3 is amended to read as follows:
2C:58-3. a. Permit to
purchase a handgun. No person shall sell, give, transfer, assign or otherwise
dispose of, nor receive, purchase, or otherwise acquire a handgun unless the
purchaser, assignee, donee, receiver or holder is licensed as a dealer under
this chapter or has first secured a permit to purchase a handgun as provided by
this section.
b. Firearms purchaser identification card. No person shall sell, give, transfer, assign or otherwise dispose of nor receive, purchase or otherwise acquire an antique cannon or a rifle or shotgun, other than an antique rifle or shotgun, unless the purchaser, assignee, donee, receiver or holder is licensed as a dealer under this chapter or possesses a valid firearms purchaser identification card, and first exhibits said card to the seller, donor, transferor or assignor, and unless the purchaser, assignee, donee, receiver or holder signs a written certification, on a form prescribed by the superintendent, which shall indicate that he presently complies with the requirements of subsection c. of this section and shall contain his name, address and firearms purchaser identification card number or dealer's registration number. The said certification shall be retained by the seller, as provided in paragraph (4) of subsection a. of N.J.S.2C:58-2, or, in the case of a person who is not a dealer, it may be filed with the chief of police of the municipality in which he resides or with the superintendent.
c. Who may obtain. No person of good character and good repute in the community in which he lives, and who is not subject to any of the disabilities set forth in this section or other sections of this chapter, shall be denied a permit to purchase a handgun or a firearms purchaser identification card, except as hereinafter set forth. No handgun purchase permit or firearms purchaser identification card shall be issued:
(1) To any person who has been convicted of any crime, or a disorderly persons offense involving an act of domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with or possessing a weapon at the time of such offense;
(2) To any drug dependent person as defined in section 2 of P.L.1970, c.226 (C.24:21-2), to any person who is confined for a mental disorder to a hospital, mental institution or sanitarium, or to any person who is presently an habitual drunkard;
(3) To any person who suffers from a physical defect or disease which would make it unsafe for him to handle firearms, to any person who has ever been confined for a mental disorder, or to any alcoholic unless any of the foregoing persons produces a certificate of a medical doctor or psychiatrist licensed in New Jersey, or other satisfactory proof, that he is no longer suffering from that particular disability in such a manner that would interfere with or handicap him in the handling of firearms; to any person who knowingly falsifies any information on the application form for a handgun purchase permit or firearms purchaser identification card;
(4) To any person under the age of 18 years for a firearms purchaser identification card and to any person under the age of 21 years for a permit to purchase a handgun;
(5) To any person where the issuance would not be in the interest of the public health, safety or welfare;
(6) To any person who is subject to a restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from possessing any firearm;
(7) To any person who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2);
(8) To any person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned; or
(9) To any person named on the consolidated Terrorist Watchlist maintained by Terrorist Screening Center administered by the Federal Bureau of Investigation.
d. Issuance. The chief of police of an organized full-time police department of the municipality where the applicant resides or the superintendent, in all other cases, shall upon application, issue to any person qualified under the provisions of subsection c. of this section a permit to purchase a handgun or a firearms purchaser identification card.
Any person aggrieved by the denial of a permit or identification card may request a hearing in the Superior Court of the county in which he resides if he is a resident of New Jersey or in the Superior Court of the county in which his application was filed if he is a nonresident. The request for a hearing shall be made in writing within 30 days of the denial of the application for a permit or identification card. The applicant shall serve a copy of his request for a hearing upon the chief of police of the municipality in which he resides, if he is a resident of New Jersey, and upon the superintendent in all cases. The hearing shall be held and a record made thereof within 30 days of the receipt of the application for such hearing by the judge of the Superior Court. No formal pleading and no filing fee shall be required as a preliminary to such hearing. Appeals from the results of such hearing shall be in accordance with law.
e. Applications. Applications
for permits to purchase a handgun and for firearms purchaser identification
cards shall be in the form prescribed by the superintendent and shall set forth
the name, residence, place of business, age, date of birth, occupation, sex and
physical description, including distinguishing physical characteristics, if
any, of the applicant, and shall state whether the applicant is a citizen,
whether he is an alcoholic, habitual drunkard, drug dependent person as defined
in section 2 of P.L.1970, c.226 (C.24:21-2), whether he has ever been confined
or committed to a mental institution or hospital for treatment or observation
of a mental or psychiatric condition on a temporary, interim or permanent
basis, giving the name and location of the institution or
hospital and the dates of such confinement or commitment, whether he has been attended, treated or observed by any doctor or psychiatrist or at any hospital or mental institution on an inpatient or outpatient basis for any mental or psychiatric condition, giving the name and location of the doctor, psychiatrist, hospital or institution and the dates of such occurrence, whether he presently or ever has been a member of any organization which advocates or approves the commission of acts of force and violence to overthrow the Government of the United States or of this State, or which seeks to deny others their rights under the Constitution of either the United States or the State of New Jersey, whether he has ever been convicted of a crime or disorderly persons offense, whether the person is subject to a restraining order issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) prohibiting the person from possessing any firearm, and such other information as the superintendent shall deem necessary for the proper enforcement of this chapter. For the purpose of complying with this subsection, the applicant shall waive any statutory or other right of confidentiality relating to institutional confinement. The application shall be signed by the applicant and shall contain as references the names and addresses of two reputable citizens personally acquainted with him.
Application blanks shall be obtainable from the superintendent, from any other officer authorized to grant such permit or identification card, and from licensed retail dealers.
The chief police officer or the superintendent shall obtain the fingerprints of the applicant and shall have them compared with any and all records of fingerprints in the municipality and county in which the applicant resides and also the records of the State Bureau of Identification and the Federal Bureau of Investigation, provided that an applicant for a handgun purchase permit who possesses a valid firearms purchaser identification card, or who has previously obtained a handgun purchase permit from the same licensing authority for which he was previously fingerprinted, and who provides other reasonably satisfactory proof of his identity, need not be fingerprinted again; however, the chief police officer or the superintendent shall proceed to investigate the application to determine whether or not the applicant has become subject to any of the disabilities set forth in this chapter.
f. Granting of permit or
identification card; fee; term; renewal; revocation. The application for the
permit to purchase a handgun together with a fee of [$2]
$5, or the application for the firearms purchaser identification
card together with a fee of [$5] $7,
shall be delivered or forwarded to the licensing authority who shall
investigate the same and, unless good cause for the denial thereof appears,
shall grant the permit or the identification card, or both, if application has
been made therefor, within 30 days from the date of receipt of the application
for residents of this State and within 45
days for nonresident applicants. A permit to purchase a handgun shall be valid for a period of 90 days from the date of issuance and may be renewed by the issuing authority for good cause for an additional 90 days. A firearms purchaser identification card shall be valid until such time as the holder becomes subject to any of the disabilities set forth in subsection c. of this section, whereupon the card shall be void and shall be returned within five days by the holder to the superintendent, who shall then advise the licensing authority. Failure of the holder to return the firearms purchaser identification card to the superintendent within the said five days shall be an offense under subsection a. of N.J.S.2C:39-10. Any firearms purchaser identification card may be revoked by the Superior Court of the county wherein the card was issued, after hearing upon notice, upon a finding that the holder thereof no longer qualifies for the issuance of such permit. The county prosecutor of any county, the chief police officer of any municipality or any citizen may apply to such court at any time for the revocation of such card.
There shall be no conditions or requirements added to the form or content of the application, or required by the licensing authority for the issuance of a permit or identification card, other than those that are specifically set forth in this chapter.
g. Disposition of fees. All fees for permits shall be paid to the State Treasury if the permit is issued by the superintendent, to the municipality if issued by the chief of police, and to the county treasurer if issued by the judge of the Superior Court.
h. Form of permit; quadruplicate; disposition of copies. The permit shall be in the form prescribed by the superintendent and shall be issued to the applicant in quadruplicate. Prior to the time he receives the handgun from the seller, the applicant shall deliver to the seller the permit in quadruplicate and the seller shall complete all of the information required on the form. Within five days of the date of the sale, the seller shall forward the original copy to the superintendent and the second copy to the chief of police of the municipality in which the purchaser resides, except that in a municipality having no chief of police, such copy shall be forwarded to the superintendent. The third copy shall then be returned to the purchaser with the pistol or revolver and the fourth copy shall be kept by the seller as a permanent record.
i. Restriction on number of firearms person may purchase. Only one handgun shall be purchased or delivered on each permit and no more than one handgun shall be purchased within any 30-day period, but this limitation shall not apply to:
(1) a federal, State or local law enforcement officer or agency purchasing handguns for use by officers in the actual performance of their law enforcement duties;
(2) a collector of handguns as curios or relics as defined in Title 18, United States Code, section 921 (a) (13) who has in his possession a valid Collector of Curios and Relics License issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives;
(3) transfers of handguns among licensed retail dealers, registered wholesale dealers and registered manufacturers;
(4) transfers of handguns from any person to a licensed retail dealer or a registered wholesale dealer or registered manufacturer;
(5) any transaction where the person has purchased a handgun from a licensed retail dealer and has returned that handgun to the dealer in exchange for another handgun within 30 days of the original transaction, provided the retail dealer reports the exchange transaction to the superintendent; or
(6) any transaction where the superintendent issues an exemption from the prohibition in this subsection pursuant to the provisions of section 4 of P.L.2009, c.186 (C.2C:58-3.4).
The provisions of this subsection shall not be construed to afford or authorize any other exemption from the regulatory provisions governing firearms set forth in chapter 39 and chapter 58 of Title 2C of the New Jersey Statutes;
A person shall not be restricted as to the number of rifles or shotguns he may purchase, provided he possesses a valid firearms purchaser identification card and provided further that he signs the certification required in subsection b. of this section for each transaction.
j. Firearms passing to heirs or legatees. Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such firearm does not qualify to possess or carry it, he may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.
k. Sawed-off shotguns. Nothing in this section shall be construed to authorize the purchase or possession of any sawed-off shotgun.
l. Nothing in this section
and in N.J.S.2C:58-2 shall apply to the sale or purchase of a visual distress
signalling device approved by the United States Coast Guard, solely for
possession on a private or commercial aircraft or any boat; provided, however,
that no person under the age of 18 years shall purchase nor shall any person
sell to a person under the age of 18 years such a visual distress
signalling device.
(cf: P.L.2013, c.114, s.1)
34. N.J.S.2C:58-4 is amended to read as follows:
2C:58-4. Permits to carry handguns.
a. Scope and duration of authority. Any person who holds a valid permit to carry a handgun issued pursuant to this section shall be authorized to carry a handgun in all parts of this State, except as prohibited by [section 2C:39-5e] subsection e. of N.J.S.2C:39-5. One permit shall be sufficient for all handguns owned by the holder thereof, but the permit shall apply only to a handgun carried by the actual and legal holder of the permit.
All permits to carry handguns shall expire [2] two years from the date of issuance or, in the case of an employee of an armored car company, upon termination of his employment by the company occurring prior thereto whichever is earlier in time, and they may thereafter be renewed every [2] two years in the same manner and subject to the same conditions as in the case of original applications.
b. Application forms. All applications for permits to carry handguns, and all applications for renewal of such permits, shall be made on the forms prescribed by the superintendent. Each application shall set forth the full name, date of birth, sex, residence, occupation, place of business or employment, and physical description of the applicant, and such other information as the superintendent may prescribe for the determination of the applicant's eligibility for a permit and for the proper enforcement of this chapter. The application shall be signed by the applicant under oath, and shall be indorsed by three reputable persons who have known the applicant for at least [3] three years preceding the date of application, and who shall certify thereon that the applicant is a person of good moral character and behavior.
c. Investigation and approval. Each application shall in the first instance be submitted to the chief police officer of the municipality in which the applicant resides, or to the superintendent, (1) if the applicant is an employee of an armored car company, or (2) if there is no chief police officer in the municipality where the applicant resides, or (3) if the applicant does not reside in this State. The chief police officer, or the superintendent, as the case may be, shall cause the fingerprints of the applicant to be taken and compared with any and all records maintained by the municipality, the county in which it is located, the State Bureau of Identification and the Federal Bureau of Identification. He shall also determine and record a complete description of each handgun the applicant intends to carry.
No application shall be approved by the chief police officer or the superintendent unless the applicant demonstrates that he is not subject to any of the disabilities set forth in [2C:58-3c.] subsection c. of N.J.S.2C:58-3, that he is thoroughly familiar with the safe handling and use of handguns, and that he has a justifiable need to carry a handgun. If the application is not approved by the chief police officer or the superintendent within 60 days of filing, it shall be deemed to have been approved, unless the applicant agrees to an extension of time in writing.
d. Issuance by Superior Court; fee. If the application has been approved by the chief police officer or the superintendent, as the case may be, the applicant shall forthwith present it to the Superior Court of the county in which the applicant resides, or to the Superior Court in any county where he intends to carry a handgun, in the case of a nonresident or employee of an armored car company. The court shall issue the permit to the applicant if, but only if, it is satisfied that the applicant is a person of good character who is not subject to any of the disabilities set forth in [section 2C:58-3c.] subsection c. of N.J.S.2C:58-3, that he is thoroughly familiar with the safe handling and use of handguns, and that he has a justifiable need to carry a handgun. The court may at its discretion issue a limited-type permit which would restrict the applicant as to the types of handguns he may carry and where and for what purposes such handguns may be carried. At the time of issuance, the applicant shall pay to the county clerk of the county where the permit was issued a permit fee of [$20.00] $30.
e. Appeals from denial of applications. Any person aggrieved by the denial by the chief police officer or the superintendent of approval for a permit to carry a handgun may request a hearing in the Superior Court of the county in which he resides or in any county in which he intends to carry a handgun, in the case of a nonresident, by filing a written request for such a hearing within 30 days of the denial. Copies of the request shall be served upon the superintendent, the county prosecutor and the chief police officer of the municipality where the applicant resides, if he is a resident of this State. The hearing shall be held within 30 days of the filing of the request, and no formal pleading or filing fee shall be required. Appeals from the determination at such a hearing shall be in accordance with law and the rules governing the courts of this State.
If the superintendent or chief police officer approves an application and the Superior Court denies the application and refuses to issue a permit, the applicant may appeal such denial in accordance with law and the rules governing the courts of this State.
f. Revocation of permits. Any permit issued under this section shall be void at such time as the holder thereof becomes subject to any of the disabilities set forth in [section 2C:58-3c.] subsection c. of N.J.S.2C:58-3, and the holder of such a void permit shall immediately surrender the permit to the superintendent who shall give notice to the licensing authority.
Any permit may be revoked by the Superior Court, after hearing upon notice to the holder, if the court finds that the holder is no longer qualified for the issuance of such a permit. The county prosecutor of any county, the chief police officer of any municipality, the superintendent or any citizen may apply to the court at any time for the revocation of any permit issued pursuant to this section.
(cf: P.L.1981, c.135, s.1)
35. Section 11 of P.L.1990, c.32 (C.2C:58-12) is amended to read as follows:
11. a. Within 90 days of the effective date of P.L.1990, c.32 (C.2C:58-12 et al.), the Attorney General shall promulgate a list by trade name of any assault firearm which the Attorney General determines is an assault firearm which is used for legitimate target-shooting purposes. This list shall include, but need not be limited to, the Colt AR-15 and any other assault firearm used in competitive shooting matches sanctioned by the Director of Civilian Marksmanship of the United States Department of the Army.
b. The owner of an assault firearm purchased on or before May 1, 1990 which is on the list of assault firearms determined by the Attorney General to be legitimate for target-shooting purposes shall have one year from the effective date of P.L.1990, c.32 (C.2C:58-12 et al.) to register that firearm. In order to register an assault firearm, the owner shall:
(1) Complete an assault firearm registration statement, in the form to be prescribed by the Superintendent of the State Police;
(2) Pay a registration fee of $50.00 per each assault firearm;
(3) Produce for inspection a valid firearms purchaser identification card, a valid permit to carry handguns, or a copy of the permit to purchase a handgun which was used to purchase the assault firearm which is being registered; and
(4) Submit valid proof that the person is a member of a rifle or pistol club in existence prior to the effective date of P.L.1990, c.32 (C.2C:58-12 et al.).
Membership in a rifle or pistol club shall not be considered valid unless the person joined the club no later than 210 days after the effective date of P.L.1990, c.32 (C.2C:58-12 et al.) and unless the rifle or pistol club files its charter with the Superintendent no later than 180 days following the effective date of P.L.1990, c.32 (C.2C:58-12 et al.). The rifle or pistol club charter shall contain the name and address of the club's headquarters and the name of the club's officers.
The information to be provided
in the registration statement shall include, but shall not be limited to: the
name and address of the registrant; the number or numbers on the registrant's
firearms purchaser identification card, permit to carry handguns, or permit to
purchase a handgun; the name, address, and telephone number of the rifle or
pistol club in which the registrant is a member; and the make, model, and
serial number of the assault firearm being
registered. Each registration statement shall be signed by the registrant, and the signature shall constitute a representation of the accuracy of the information contained in the registration statement.
c. For an applicant who resides in a municipality with an organized full-time police department, the registration shall take place at the main office of the police department. For all other applicants, the registration shall take place at any State Police station.
d. Within 60 days of the effective date of P.L.1990, c.32 (C.2C:58-12 et al.), the Superintendent shall prepare the form of registration statement as described in subsection b. of this section and shall provide a suitable supply of statements to each organized full-time municipal police department and each State Police station.
e. One copy of the completed assault firearms registration statement shall be returned to the registrant, a second copy shall be sent to the Superintendent, and, if the registration takes place at a municipal police department, a third copy shall be retained by that municipal police department.
f. If the owner of an assault firearm which has been registered pursuant to this section dies, the owner's heirs or estate shall have 90 days to dispose of that firearm in accordance with section 12 of P.L.1990, c.32 (C.2C:58-13).
g. If an assault firearm registered pursuant to the provisions of this section is used in the commission of a crime, the registrant of that assault firearm shall be civilly liable for any damages resulting from that crime. The liability imposed by this subsection shall not apply if the assault firearm used in the commission of the crime was stolen and the registrant reported the theft of the firearm to law enforcement authorities within 24 hours of the registrant's knowledge of the theft.
h. Of the registration fee required pursuant to subsection b. of this section, [$20.00] $30 shall be forwarded to the State Treasury for deposit in the account used by the Violent Crimes Compensation Board in satisfying claims and for related administrative costs pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.).
(cf: P.L.1990, c.32, s.11)
36. Section 2 of P.L.1993, c.188 (C.52:27D-43.24a) is amended to read as follows:
2. Forwarding of filing fee. The Clerk of the Superior Court shall forward [$25.00] $25 of the [$250.00] $300 filing fee for a divorce or a dissolution of a civil union provided for in N.J.S.22A:2-12 on a quarterly basis to the Department of Community Affairs.
(cf: P.L.2006, c.103, s.86)
37. The following sections
are repealed:
Section 13 of P.L.2014, c.31 (C.2B:1-8); and
Section 19 of P.L.2014, c.31 (C.2B:1-13).
38. This act shall take effect 60 days after enactment.
STATEMENT
This bill revises court filing fees and other statutory fees some of which were recently increased pursuant to sections 12 through 19 of P.L.2014, c.31 (C.2B:1-7 through C.2B:1-13). The bill repeals two sections of the 2014 enactment which granted the Supreme Court the limited authority to increase filing fees. Pursuant to the 2014 enactment, certain court filing fees were increased by court rule on October 31, 2014 and revised on December 23, 2014 and February 20, 2015.
When the Legislature enacted section 13 of P.L.2014, c.31 (C.2B:1-8), it provided the Supreme Court with the limited authority to adopt court rules wherein the court would revise and supplement statutory filing fees for the purpose of funding: (1) a Statewide Pretrial Services Program; (2) a Statewide e-court information system; and (3) Legal Services of New Jersey. This authority to increase the court rules expired, pursuant to section 19 of P.L.2014, c.31 (C.2B:1-13), on the first day of the seventh month next following the date of enactment of P.L.2014, c.31. The date of enactment of P.L.2014, c.31 was August 11, 2014 and the first day of the seventh month after that date was March 1, 2015. The Supreme Court's authority to increase court fees by court rules expired on that date.
Therefore, in the view of the sponsor, it is necessary and proper for the Legislature to repeal sections 13 and 19 of P.L.2014, c.31 (C.2B:1-8 and 2B:1-13) which granted the Court this limited authority. In so doing, the Legislature is exercising its authority to raise revenue by codifying some of the statutory fees which were increased by court rule to maintain and support the Pretrial Services Program, the e-court information system and provide funding for Legal Services. The bill revises the statutory fees in a balanced and fair manner in order to maintain the availability of the courts to all litigants. The fee increases would be spread across all areas of the courts without placing an undue burden on any specific litigant or reducing access to the courts. Some of the filing fees which were increased by court rule would be reduced to the original statutory fee in order to insure that the courts do not become cost-prohibitive.
The bill would revise the
filing fees for: complaints; cross-claims; notice of appeals; motions;
indexing, docketing, accounting and recording of documents; and the filing of
other court documents as set forth throughout N.J.S.A.22A:2-1 et seq. The
revised fees would be for civil and criminal proceedings in the following
courts:
Supreme Court; Appellate Division; Superior Court Law Division, Civil Part; Superior Court, Law Division, Special Civil Part; Superior Court, Law Division, Chancery Division (Equity and Family parts); and Superior Court, Law Division, Criminal Part; and other general Superior Court fees and surrogate fees. The bill would also revise criminal assessments, penalties and fines throughout Title 2C of the New Jersey Statutes. In addition, the bill would revise certain licensing fees, such as retail dealers licensing fee and fees for permits to purchase and carry handguns. The bill would also reduce certain fees such as the expungement application fee, currently $75, which would be reduced to $50, pursuant to N.J.S.2C:52-29.
The revenue derived from the filing fees would continue to be credited in the "21st Century Justice Improvement Fund," established pursuant to section 14 of P.L.2014, c.31 (C.2B:1-9). The allocation of these funds would not be altered from the original enactment's allocation:
· $22 million to Pretrial Services Program;
· $10 million to the Judiciary for maintenance of the e-court information system; and
· $10.1 million to Legal Services.
Any amounts remaining in the fund would be retained by the Judiciary for the purpose of developing, maintaining and administering the Pretrial Services Program or for court information technology.
The reporting requirements for the Administrative Office of the Courts and Legal Services set forth in sections 17 and 18 of P.L.2014, c.31 (2B:1-11 and 2B:1-12) would be enhanced to require them to take into account the fee increases set forth in the bill.
