Bill Text: NJ A535 | 2010-2011 | Regular Session | Introduced
Bill Title: Clarifies penalties court may impose in sentencing certain adults and juveniles guilty of making false public alarms.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Law and Public Safety Committee [A535 Detail]
Download: New_Jersey-2010-A535-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Middlesex and Monmouth)
SYNOPSIS
Clarifies penalties court may impose in sentencing certain adults and juveniles guilty of making false public alarms.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning false public alarms and amending N.J.S.2C:33-3 and P.L.1999, c.195.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:33-3 is amended to read as follows:
2C:33-3. False Public Alarms. a. Except as provided in subsection b. or c. of this section, a person is guilty of a crime [of the third degree] if he initiates or circulates a report or warning of an impending fire, explosion, bombing, crime, catastrophe or emergency knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm. A person is guilty of a crime [of the third degree] if he knowingly causes such false alarm to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property.
(1) In the case of a first offense, the court shall impose one of the penalties from each of the following two subparagraphs on a person guilty of a violation of this subsection:
(a) i. a term of imprisonment which shall be fixed at 18 months and during which the defendant shall be ineligible for parole; or
ii. 40 days of community service; and
(b) i. suspension of driving privileges for 18 months; or
ii. a fine of not less than $4,000 or more than $15,000.
(2) A person guilty of a second or subsequent violation of this subsection is guilty of a crime of the third degree.
(3) In the case of a juvenile adjudicated delinquent for a violation of this subsection, the court shall impose any two of the following dispositions for a first offense:
(a) a mandatory term of incarceration which shall commence on the day following the final day of the school year in which the juvenile was adjudicated delinquent and shall end on the day immediately preceding the first day of the school term next following. The court shall commit the juvenile to the custody of the Juvenile Justice Commission which shall provide for the juvenile's placement in a suitable juvenile facility;
(b) suspend the juvenile's driving privilege for one year; provided, however, if the juvenile is less than 17 years of age at the time of adjudication, the period of suspension shall commence on the day the juvenile reaches the age of 17 years; or
(c) 40 days of community service which shall commence on the day following the final day of the school year in which the juvenile was adjudicated delinquent and shall end on the day immediately preceding the first day of the school term next following.
(4) For a second or subsequent offense, the juvenile shall be adjudicated delinquent of a crime that, if committed by an adult, would constitute a crime of the third degree.
b. A person is guilty of a crime of the second degree if in addition to the report or warning initiated, circulated or transmitted under subsection a. of this section, he places or causes to be placed any false or facsimile bomb in a building, place of assembly, or facility of public transport or in a place likely to cause public inconvenience or alarm. A violation of this subsection is a crime of the first degree if it occurs during a declared period of national, State or county emergency.
c. A person is guilty of a crime of the second degree if a violation of subsection a. of this section in fact results in serious bodily injury to another person or occurs during a declared period of national, State or county emergency. A person is guilty of a crime of the first degree if a violation of subsection a. of this section in fact results in death.
d. For the purposes of this section, "in fact" means that strict liability is imposed. It shall not be a defense that the death or serious bodily injury was not a foreseeable consequence of the person's acts or that the death or serious bodily injury was caused by the actions of another person or by circumstances beyond the control of the actor. The actor shall be strictly liable upon proof that the crime occurred during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.
e. A person is guilty of a crime of the fourth degree if the person knowingly places a call to a 9-1-1 emergency telephone system without purpose of reporting the need for 9-1-1 service.
(cf: P.L.2002, c.26, s.16)
2. Section 3 of P.L.1999, c.195 (C.2C:33-3.2) is amended to read as follows:
3. a. Any person who violates the provisions of N.J.S.2C:33-3 shall be liable for a civil penalty of not less than $2,000 or actual incurred by or resulting from the law enforcement and emergency services response to the false alarm, whichever is higher.
b. In the case of a juvenile adjudicated delinquent for a violation of N.J.S.2C:33-3, the parent or legal guardian of that juvenile shall be liable for a civil penalty of not less than $2,000 or actual costs incurred by or resulting from the law enforcement and emergency services response to the false alarm, whichever is higher.
c. Any monies collected pursuant to this section shall be made payable to the municipality or other entity providing the law enforcement or emergency services response to the false alarm. "Emergency services" includes, but is not limited to, paid or volunteer fire fighters, paramedics, members of an ambulance team, rescue squad or mobile intensive care unit.
(cf: P.L.2002, c.26, s.17)
3. This act shall take effect on the first day of the third month following enactment.
STATEMENT
The bill provides the court with increased options to impose when sentencing first time adult and juvenile offenders who are found guilty of making false public alarms, such as bomb threats.
In the case of an adult found guilty of making a false public alarm, the bill authorizes the court to impose one of the dispositions from each of the following paragraphs on a first-time offender:
(1) a. A mandatory prison term of 18 months, during which the violator is ineligible for parole; or
b. 40 days of community service.
(2) a. A driver's license suspension for 18 months; or
b. A fine of not less than $4,000 or more than $15,000
In the case of a juvenile adjudicated delinquent of making a false public alarm, the bill authorizes the court to impose two of the following dispositions:
*Sentence the juvenile to a term of incarceration for the summer in a juvenile detention facility, beginning on the day following the final day of the school year in which the juvenile was adjudicated delinquent and ending on the day immediately preceding the first day of the next school term;
*Suspend the juvenile's driving privilege for one year; however, if the juvenile is less than 17 years of age at the time of adjudication, the period of suspension is not to begin until the day the juvenile reaches the age of 17; and
*Require the juvenile to perform 40 days of community service during the summer, beginning on the day following the final day of the school year in which the juvenile was adjudicated delinquent and ending on the day immediately preceding the first day of the next school term.
The bill specifies a subsequent violation of the false public alarm statute by an adult or juvenile constitutes a crime of the third degree, which is punishable by imprisonment for a term of three to five years; a fine of up to $15,000, or both.
Finally, the bill specifies that the parent or legal guardian of a juvenile who is adjudicated delinquent for making a false public alarm is liable for a civil penalty of not less than $2,000 or the actual costs incurred by the law enforcement and emergency services responding to that false alarm, whichever is higher.
