Bill Text: NJ S1558 | 2012-2013 | Regular Session | Introduced
Bill Title: Upgrades offense and increases penalty for certain acts of defiant trespass.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-09 - Introduced in the Senate, Referred to Senate Judiciary Committee [S1558 Detail]
Download: New_Jersey-2012-S1558-Introduced.html
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
SYNOPSIS
Upgrades offense and increases penalty for certain acts of defiant trespass.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning defiant trespass and amending N.J.S.18-3.
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. 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. 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.
A person commits a disorderly person offense if he violates any provision of subsection b. a third or subsequent time.
c. Notwithstanding the term of imprisonment provided in N.J.S.2C:43-8, any person convicted of a third or subsequent offense under subsection b. of this section shall be sentenced to a minimum term of imprisonment of 15 days. The sentence shall be a custodial term. It may not be suspended and is not subject to alternatives to incarceration. A sentence imposed pursuant to this section may not be served on nights and weekends.
d. In addition to any other penalty imposed by the court any person convicted of a third or subsequent offense under subsection b. of this section shall serve at least 30 days of community service.
[c.] e. 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.] f. 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.
(cf: P.L.2009, c.283, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill would amend the defiant trespasser law. It upgrades the offense from a petty disorderly persons offense to a disorderly persons offense for a third and subsequent violation of the law. The bill also implements mandatory periods of incarceration and community service for third and subsequent convictions.
Currently, under paragraph b. of N.J.S.A 2C:18-3, a defiant trespasser commits a petty disorderly persons offense. A petty disorderly persons offense is punishable by up to thirty days in jail, a fine of up to $500, or both. This bill would amend N.J.S.A 2C:18-3 so that third or subsequent act of defiant trespass will be upgraded to a disorderly persons offense. The bill also amends the statute to specify that a conviction for a third or subsequent offense shall carry a mandatory term of incarceration of at least 15 days, as well as at least 30 days of community service. The bill specifies that such term of incarceration is ineligible for any alternatives to incarceration and the sentence may not be served on nights or weekends. The bill would upgrade and increase the penalty for such offenses in an effort to prevent repeat offenders from frequenting the same locations and address quality of life, health safety and welfare issues created by said offenders.
