Bill Text: NJ A4442 | 2014-2015 | Regular Session | Introduced
Bill Title: Makes it crime of the fourth degree to recklessly engage in conduct which creates substantial risk of serious injury to another.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-05-14 - Introduced, Referred to Assembly Law and Public Safety Committee [A4442 Detail]
Download: New_Jersey-2014-A4442-Introduced.html
Sponsored by:
Assemblyman DAVID P. RIBLE
District 30 (Monmouth and Ocean)
SYNOPSIS
Makes it crime of the fourth degree to recklessly engage in conduct which creates substantial risk of serious injury to another.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning reckless endangerment and amending N.J.S.2C:12-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:12-2 is amended to read as follows:
2C:12-2. a. A person who purposely or knowingly does any act, including putting up a false light, which results in the loss or destruction of a vessel commits a crime of the third degree.
b. A person commits a crime of the fourth degree if he:
(1) Manufactures or sells a golf ball containing acid or corrosive fluid substance; or
(2) Purposely or knowingly offers, gives or entices any person to take or accept any treat, candy, gift, food, drink or other substance that is intended to be consumed which is poisonous, intoxicating, anesthetizing, tranquilizing, disorienting, deleterious or harmful to the health or welfare of such person, without the knowledge of the other person as to the identity and effect of the substance, except that it is a crime of the third degree if the actor violates the provisions of this paragraph with the purpose to commit or facilitate the commission of another criminal offense.
Notwithstanding the term of imprisonment provided under N.J.S.2C:43-6, and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime of the fourth degree under paragraph (2) of this subsection, the sentence imposed shall include a fixed minimum sentence of not less than six months during which the defendant shall not be eligible for parole. If a person is convicted of a crime of the third degree under paragraph (2) of this subsection, the sentence imposed shall include a fixed minimum sentence of not less than eighteen months during which the defendant shall not be eligible for parole. The court may not suspend or make any other noncustodial disposition of that person. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this subsection shall not merge with a conviction for any offense that the defendant intended to commit or facilitate, when the defendant violated the provisions of this section, nor shall any such other conviction merge with a conviction under this section. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provision of law, the sentence for a crime of the third degree imposed pursuant to this paragraph shall be ordered to be served consecutively to that imposed for a conviction of the offense that the defendant intended to commit or facilitate when the defendant violated the provisions of this subsection.
c. (1) A person commits a crime of the fourth degree if he recklessly engages in conduct which creates a substantial risk of serious injury to another person.
(2) Nothing in this subsection shall preclude an indictment and conviction for any other offense defined by the laws of this State.
(cf: P.L.1999, c.335)
2. This act shall take effect immediately.
STATEMENT
This bill would make it a crime of the fourth degree to recklessly engage in conduct which creates a substantial risk of serious injury to another person. The bill specifies that it would not preclude an indictment and conviction for any other offense defined by the laws of this State.
A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months or a fine up to $10,000, or both.
