Bill Text: NJ A3482 | 2018-2019 | Regular Session | Introduced
Bill Title: Provides affirmative defense to and permits expungement of certain trespass offenses committed as result of person's homelessness; provides for police training.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-03-05 - Introduced, Referred to Assembly Human Services Committee [A3482 Detail]
Download: New_Jersey-2018-A3482-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Provides affirmative defense to and permits expungement of certain trespass offenses committed as result of person's homelessness; provides for police training.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the defense of and expungement of certain offenses, amending N.J.S.2C:18-3 and N.J.S.2C:52-3 and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:18-3 is amended to read as follows:
2C:18-3. a. Unlicensed entry of structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof, or in or upon utility company property, or in the sterile area or operational area of an airport. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds. An offense under this subsection is a crime of the fourth degree if it is committed in or upon utility company property. An offense under this subsection is a crime of the fourth degree if it is committed in the sterile area or operational area of an airport. Otherwise it is a disorderly persons offense.
b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(3) Fencing or other enclosure manifestly designed to exclude intruders.
c. Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.
d. Defenses. It is an affirmative defense to prosecution under this section that:
(1) A structure involved in an offense under subsection a. was abandoned;
(2) The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; [or]
(3) The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer; or
(4) For purposes of a disorderly persons offense under subsection a. or a petty disorderly persons offense under subsection b., the person was: homeless at the time of the offense; the offense was committed as a result of the person having been homeless; the person faced a clear and imminent danger, including, but not limited to, exposure to extreme outdoor temperatures; the person reasonably expected that entering or remaining in or upon the facility, structure, property, area, or place would abate the clear and imminent danger; and, the person had no legal alternative that would have abated the clear and imminent danger.
(cf: P.L.2013, c.138, s.2)
2. N.J.S.2C:52-3 is amended to read as follows:
a. Any person who has been convicted of one or more disorderly persons or petty disorderly persons offenses under the laws of this State who has not been convicted of any crime, whether within this State or any other jurisdiction, may present an expungement application to the Superior Court pursuant to this section. Any person who has been convicted of one or more disorderly persons or petty disorderly persons offenses under the laws of this State who has also been convicted of one or more crimes shall not be eligible to apply for an expungement pursuant to this section, but may present an expungement application to the Superior Court pursuant to N.J.S.2C:52-2.
b. Any person who has been convicted of one or more disorderly persons or petty disorderly persons offenses under the laws of this State who has not been convicted of any crime, whether within this State or any other jurisdiction, may present an expungement application to the Superior Court pursuant to this section if:
the person has been convicted, under the laws of this State, on the same or separate occasions of no more than four disorderly persons offenses, no more than four petty disorderly persons offenses, or a combination of no more than four disorderly persons and petty disorderly persons offenses, and the person does not otherwise have any prior or subsequent conviction for a disorderly persons or petty disorderly persons offense, whether within this State or any other jurisdiction, such that the total number of convictions for disorderly persons and petty disorderly persons offenses would exceed four; or
the person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses under the laws of this State, or a combination of multiple disorderly persons and petty disorderly persons offenses under the laws of this State, which convictions were entered on the same day, and does not otherwise have any prior or subsequent conviction for another offense in addition to those convictions included in the expungement application, whether any such conviction was within this State or any other jurisdiction; or
the person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses under the laws of this State, or a combination of multiple disorderly persons and petty disorderly persons offenses under the laws of this State, which offenses or combination of offenses were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time, regardless of the date of conviction or sentencing for each individual offense, and the person does not otherwise have any prior or subsequent conviction for another offense in addition to those convictions included in the expungement application, whether within this State or any other jurisdiction.
The person, if eligible, may present the expungement application after the expiration of a period of five years from the date of his most recent conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later. The term "fine" as used herein and throughout this section means and includes any fine, restitution, and other court-ordered financial assessment imposed by the court as part of the sentence for the conviction, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The person shall submit the expungement application to the Superior Court in the county in which the most recent conviction for a disorderly persons or petty disorderly persons offense was adjudged, which contains a separate, duly verified petition as provided in N.J.S.2C:52-7 for each conviction sought to be expunged, praying that the conviction, or convictions if applicable, and all records and information pertaining thereto be expunged. The petition for each conviction appended to an application shall comply with the requirements of N.J.S.2C:52-1 et seq.
Notwithstanding the provisions of the five-year time requirement, an application may be filed and presented, and the court may grant an expungement pursuant to this section, when the court finds:
(1) the fine is satisfied but less than five years have expired from the date of satisfaction, and the five-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or
(2) at least three but less than five years have expired from the date of the most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; or
(3) the person had been previously convicted of a petty disorderly persons offense or a disorderly persons offense under subsections a. or b. of N.J.S.2C:18-3, and the court finds by a preponderance of the evidence that the person was homeless at the time of the offense, and that the offense was committed as a result of the person having been homeless; and
the person has not been otherwise convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the most recent conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense or offenses, and the applicant's character and conduct since the conviction or convictions.
In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person's age at the time of the offense or offenses, the person's financial condition and other relevant circumstances regarding the person's ability to pay.
(cf: P.L.2017, c.244, s.2)
3. (New section) The Attorney General, in consultation with the Director of the Division of Criminal Justice in the Department of Law and Public Safety and the Police Training Commission, shall develop and approve, as part of the police training courses required pursuant to P.L.1961 c.56 (C.52:17B-66 et seq.), training on the challenges faced by homeless persons, access to community-based assistance programs by homeless persons, the handling, response procedures, and investigation of cases concerning homelessness and trespass for the purpose of diverting these cases away from prosecution. This training shall be reviewed at least every two years and modified from time to time as need may require.
4. This act shall take effect immediately.
STATEMENT
This bill permits the expungement of a previous conviction of, certain trespass offenses committed by a person who was homeless at the time of the offense, and committed the offense as a result of their homelessness. The bill also provides an affirmative defense to a prosecution for certain trespass offenses committed by a person who was homeless at the time of the offense under certain specified circumstances.
Pursuant to subsection a. of N.J.S.2C:18-3, a person who enters a structure without a license or privilege to do so, is guilty of a disorderly persons offense, unless that structure was a dwelling, research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant, school or school property, utility company property, or sterile area or operational area of an airport, and other similar structures. A disorderly persons offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both.
Under subsection b. of N.J.S.2C:18-3, a person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in a place as to which notice against trespass is given by: actual communication to the actor; posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or fencing or other enclosure manifestly designed to exclude intruders. A petty disorderly offense if punishable by up to 30 days imprisonment, a fine of up to $500 fine, or both.
The bill provides that it is an affirmative defense to prosecution for a petty disorderly persons offense and a disorderly persons offense of trespass pursuant to subsections a. and b. of N.J.S.2C:18-3, if the person: was homeless at the time of the offense; committed the offense as a result of their homelessness; faced a clear and imminent danger, including, but not limited to, exposure to extreme outdoor temperatures; reasonably expected that entering or remaining in or upon the facility, structure, property, area, or place would abate the clear and imminent danger; and, the person had no legal alternative that would have abated the clear and imminent danger.
The bill also provides that a previous conviction of a petty disorderly persons offense or disorderly persons offense of trespass, pursuant to subsections a. or b. of N.J.S.2C:18-3, may be vacated under N.J.S.2C:52-3 if the court finds by a preponderance of the evidence that the person was homeless at the time of the offense, and the offense was committed as a result of their homelessness.
The bill also directs the
Attorney General, in consultation with the Director of the Division of Criminal
Justice in the Department of Law and Public Safety and the Police Training
Commission, to develop and approve, as part of the police training courses
required pursuant to P.L.1961 c.56 (C.52:17B-66 et seq.), training on the
challenges faced by homeless persons, access to community-based assistance
programs by homeless persons, the handling, response procedures, and
investigation of cases concerning homelessness and
trespass for the purpose of diverting these cases away from prosecution. This training will be reviewed at least every two years and modified from time to time as need may require.
