Bill Text: NJ A4139 | 2022-2023 | Regular Session | Introduced
Bill Title: Creates offense of tracking for unlawful purpose; imposes enhanced penalties.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2022-06-02 - Introduced, Referred to Assembly Judiciary Committee [A4139 Detail]
Download: New_Jersey-2022-A4139-Introduced.html
Sponsored by:
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
SYNOPSIS
Creates offense of tracking for unlawful purpose; imposes enhanced penalties.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of tracking device for an unlawful purpose and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) A person who, with purpose to commit an unlawful act, tracks a vehicle using a global positioning satellite system or other location tracking device commits a crime of the fourth degree and shall be sentenced pursuant to N.J.S.2C:43-7.
2. N.J.S.2C:43-7 is amended to read as follows:
2C:43-7. Sentence of Imprisonment for Crime; Extended Terms.
a. In the cases designated in section N.J.S.2C:44-3, a person who has been convicted of a crime may be sentenced, and in the cases designated in subsection e. of section 2 of P.L.1994, c.130 (C.2C:43-6.4), in subsection b. of section 2 of P.L.1995, c.126 (C.2C:43-7.1) [and] , in the cases designated in section 1 of P.L.1997, c.410 (C.2C:44-5.1), and in section 1 of P.L. c. (C. ) (pending before the Legislature as this bill) a person who has been convicted of a crime shall be sentenced, to an extended term of imprisonment, as follows:
(1) In case of aggravated manslaughter sentenced under subsection c. of N.J.S.2C:11-4; or kidnapping when sentenced as a crime of the first degree under paragraph (1) of subsection c. of 2C:13-1; or aggravated sexual assault if the person is eligible for an extended term pursuant to the provisions of subsection g. of N.J.S.2C:44-3 for a specific term of years which shall be between 30 years and life imprisonment;
(2) Except for the crime of murder and except as provided in paragraph (1) of this subsection, in the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 20 years and life imprisonment;
(3) In the case of a crime of the second degree, for a term which shall be fixed by the court between 10 and 20 years;
(4) In the case of a crime of the third degree, for a term which shall be fixed by the court between five and 10 years;
(5) In the case of a crime of the fourth degree pursuant to [2C:43-6c, 2C:43-6g and , 2C:44-3d] subsections c. or g. of N.J.S. 2C:43-6, subsection d. of N.J.S.2C:44-3, and section 1 of P.L. c. (C. ) (pending before the Legislature as this bill) for a term of five years, and in the case of a crime of the fourth degree pursuant to any other provision of law for a term which shall be fixed by the court between three and five years;
(6) In the case of the crime of murder, for a specific term of years which shall be fixed by the court between 35 years and life imprisonment, of which the defendant shall serve 35 years before being eligible for parole;
(7) In the case of kidnapping under paragraph (2) of subsection c. of N.J.S.2C:13-1, for a specific term of years which shall be fixed by the court between 30 years and life imprisonment, of which the defendant shall serve 30 years before being eligible for parole.
b. As part of a sentence for an extended term and notwithstanding the provisions of N.J.S.2C:43-9, the court may fix a minimum term not to exceed one-half of the term set pursuant to subsection a. during which the defendant shall not be eligible for parole or a term of 25 years during which time the defendant shall not be eligible for parole where the sentence imposed was life imprisonment; provided that no defendant shall be eligible for parole at a date earlier than otherwise provided by the law governing parole.
c. In the case of a person sentenced to an extended term pursuant to [2C:43-6c, 2C:43-6g and , 2C:44-3d] subsections c. or g. of N.J.S. 2C:43-6, subsection d. of N.J.S.2C:44-3, the court shall impose a sentence within the ranges permitted by 2C:43-7a(2), (3), (4) or (5) according to the degree or nature of the crime for which the defendant is being sentenced, which sentence shall include a minimum term which shall, except as may be specifically provided by N.J.S.2C:43-6f, be fixed at or between one-third and one-half of the sentence imposed by the court or five years, whichever is greater, during which the defendant shall not be eligible for parole. Where the sentence imposed is life imprisonment, the court shall impose a minimum term of 25 years during which the defendant shall not be eligible for parole, except that where the term of life imprisonment is imposed on a person convicted for a violation of N.J.S.2C:35-3, the term of parole ineligibility shall be 30 years.
d. In the case of a person sentenced to an extended term pursuant to N.J.S.2C:43-6g, the court shall impose a sentence within the ranges permitted by N.J.S.2C:43-7a(2), (3), (4) or (5) according to the degree or nature of the crime for which the defendant is being sentenced, which sentence shall include a minimum term which shall be fixed at 15 years for a crime of the first or second degree, eight years for a crime of the third degree, or five years for a crime of the fourth degree during which the defendant shall not be eligible for parole. Where the sentence imposed is life imprisonment, the court shall impose a minimum term of 25 years during which the defendant shall not be eligible for parole, except that where the term of life imprisonment is imposed on a person convicted of a violation of N.J.S.2C:35-3, the term of parole eligibility shall be 30 years.
(cf: P.L. 2003, c.267, s.4)
3. This act shall take effect immediately.
STATEMENT
This bill creates the offense of tracking a vehicle with purpose to commit an unlawful act using a location tracking device, and imposes enhanced penalties for the offense.
Under the bill, tracking a vehicle with purpose to commit an unlawful act using a location tracking device is a crime of the fourth degree, ordinarily punishable by up to 18 months imprisonment, a fine of up to $10,000 or both. Under the bill however, the offense shall be sentenced under N.J.S.A.2C:43-7 to an extended term of imprisonment. Under N.J.S.A.2C:43-7, a person who has been convicted of a fourth degree crime included under paragraph (5) of subsection a. shall be sentenced, to an extended term of imprisonment of five years.
It is the sponsor's view that the increased use of electronic device technology such as Global Positioning Satellite (GPS) or GPS-enabled devices to track an individual's whereabouts has contributed to domestic violence abuse, sexual assault, and vehicle theft, and, when misused in this manner, can have widespread damaging and even lethal effect warranting enhanced penalties.
