Bill Text: NJ S1913 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires additional fines for certain crimes against minors to fund Amber Alert system.
Spectrum: Unknown
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S1913 Detail]
Download: New_Jersey-2024-S1913-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator CARMEN F. AMATO, JR.
District 9 (Ocean)
SYNOPSIS
Requires additional fines for certain crimes against minors to fund Amber Alert system.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning funding the Amber Alert system, supplementing Title 52 of the Revised Statutes and chapter 43 of Title 2C of the New Jersey Statutes, and amending P.L.1979, c.396 and P.L.1991, c.329.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. There is created in the Department of Treasury a non-lapsing fund entitled the "Amber Alert Fund." The fund shall be the depository for assessments collected pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). The State Treasurer shall administer the fund and dispense money from the fund to the Attorney General annually.
b. The Attorney General shall distribute monies from the fund to the Missing Persons Clearinghouse within the Division of State Police's Missing Persons Unit. The Division of State Police shall use the monies from the fund created by subsection a. of this section for enhancements to the Amber Alert System created by "Amber's Plan," P.L.2002, c.129 (C.52:17B-194.1 et seq.). After enhancements to the Amber Alert System have been made, any remaining money from the fund shall be used for programs designed to recover abducted children.
2. (New section) a. In addition to any other fine, fee or assessment imposed, the court shall impose a fee of $400 on a person convicted for violating the provisions of N.J.S.2C:13-4, section 1 of P.L.1993, c.291 (C.2C:13-6), subparagraph (1) of subsection b. of N.J.S.2C:14-4, or N.J.S.2C:24-4. The court shall impose the $400 fee on a person convicted for violating the provisions of N.J.S.2C:11-3, N.J.S.2C:12-1, N.J.S.2C:12-3, N.J.S.2C:13-1, N.J.S.2C:14-2 or N.J.S.2C:14-3 if the victim was a person under the age of 18 years.
b. All assessments provided for in this section shall be collected as provided for collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded to the Department of the Treasury to be deposited into the "Amber Alert Fund."
3. Section 3 of P.L.1979, c.396 (C.2C:46-4) is amended to read as follows:
3. a. All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), all penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), all penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), all penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), all penalties imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8), all penalties imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97), and restitution shall be collected as follows:
(1) All fines, assessments
imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), all penalties
imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), all penalties
imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), all penalties
imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), all penalties
imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8), all penalties
imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97), and
restitution imposed by the Superior Court or otherwise imposed at the county
level, shall be collected by the county probation division except when the
fine, assessment, or restitution is imposed in conjunction with a custodial
sentence to a State correctional facility or in conjunction with a term of
incarceration imposed pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) in
which event the fine, assessment, or restitution shall be collected by the
Department of Corrections or the Juvenile Justice Commission established
pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170). An adult prisoner of
a State correctional institution or a juvenile serving a term of incarceration
imposed pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) who has not paid
an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), a
penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), a
penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10), a penalty
imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8), a penalty
imposed pursuant to section 7 of P.L.2013, c.214
(C.30:4-123.97), or restitution shall have the assessment, penalty, fine, or
restitution deducted from any income the inmate receives as a result of labor
performed at the institution or on any type of work release program or,
pursuant to regulations promulgated by the Commissioner of the Department of
Corrections or the Juvenile Justice Commission, from any personal account
established in the institution for the benefit of the inmate.
(a) A payment of restitution collected by the Department of Corrections pursuant to this paragraph shall be maintained by the department for two years during which the department shall attempt to locate the victim to whom the restitution is owed. If the department has not located the victim and the victim has not come forward to claim the payment within this two-year period, the payment shall be transferred to the Victims of Crime Compensation Office Account to be used in satisfying claims pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.).
(b) If the Department of Corrections has transferred a payment of restitution to the Victims of Crime Compensation Office pursuant to subparagraph (a) of this paragraph, the department shall provide the office with the order for restitution and any other information regarding the identity of the victim to whom the payment is owed. The office shall be responsible for maintaining this information and for distributing payments of restitution to victims who can prove they are owed the payments.
(2) All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), any penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), and restitution imposed by a municipal court shall be collected by the municipal court administrator except if the fine, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or restitution is ordered as a condition of probation in which event it shall be collected by the county probation division.
b. Except as provided in subsection c. with respect to fines imposed on appeals following convictions in municipal courts and except as provided in subsection i. with respect to restitution imposed under the provisions of P.L.1997, c.253 (C.2C:43-3.4 et al.), all fines imposed by the Superior Court or otherwise imposed at the county level, shall be paid over by the officer entitled to collect the fines to:
(1) The county treasurer with respect to fines imposed on defendants who are sentenced to and serve a custodial term, including a term as a condition of probation, in the county jail, workhouse, or penitentiary except where such county sentence is served concurrently with a sentence to a State institution; or
(2) The State Treasurer with respect to all other fines.
c. All fines imposed by municipal courts, except a central municipal court established pursuant to N.J.S.2B:12-1 on defendants convicted of crimes, disorderly persons offenses, and petty disorderly persons offenses, and all fines imposed following conviction on appeal therefrom, and all forfeitures of bail shall be paid over by the officer entitled to collect the fines to the treasury of the municipality wherein the municipal court is located.
In the case of an intermunicipal court, fines shall be paid into the municipal treasury of the municipality in which the offense was committed, and costs, fees, and forfeitures of bail shall be apportioned among the several municipalities to which the court's jurisdiction extends according to the ratios of the municipalities' contributions to the total expense of maintaining the court.
In the case of a central municipal court, established by a county pursuant to N.J.S.2B:12-1, all costs, fines, fees, and forfeitures of bail shall be paid into the county treasury of the county where the central municipal court is located.
d. All assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) shall be forwarded and deposited as provided in that section.
e. All mandatory Drug Enforcement and Demand Reduction penalties imposed pursuant to N.J.S.2C:35-15 shall be forwarded and deposited as provided for in that section.
f. All forensic laboratory fees assessed pursuant to N.J.S.2C:35-20 shall be forwarded and deposited as provided for in that section.
g. All restitution ordered to be paid to the Victims of Crime Compensation Office pursuant to N.J.S.2C:44-2 shall be forwarded to the office for deposit in the Victims of Crime Compensation Office Account.
h. All assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2) shall be forwarded and deposited as provided in that section.
i. All restitution imposed on defendants under the provisions of P.L.1997, c.253 (C.2C:43-3.4 et al.) for costs incurred by a law enforcement entity in extraditing the defendant from another jurisdiction shall be paid over by the officer entitled to collect the restitution to the law enforcement entities which participated in the extradition of the defendant.
j. All penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5) shall be forwarded and deposited as provided in that section.
k. All penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6) shall be forwarded and deposited as provided in that section.
l. All mandatory penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10) shall be forwarded and deposited as provided in that section.
m. All mandatory Computer Crime Prevention penalties imposed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8) shall be forwarded and deposited as provided in that section.
n. All mandatory Sex Offender Supervision penalties imposed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97) shall be forwarded and deposited as provided in that section.
o. All penalties imposed
pursuant to section 2 of P.L. ,
c. (C. ) (pending before the Legislature as this bill) shall be
forwarded and deposited as provided in that section.
(cf: P.L.2019, c.363, s.6)
4. Section 13 of P.L.1991, c.329 (C.2C:46-4.1) is amended to read as follows:
13. Moneys that are collected in satisfaction of any assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or in satisfaction of restitution or fines imposed in accordance with the provisions of Title 2C of the New Jersey Statutes or with the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), shall be applied in the following order:
a. first, in satisfaction of all assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1);
b. second, except as provided in subsection f. of this section, in satisfaction of any restitution ordered;
c. third, in satisfaction of all assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2);
d. fourth, in satisfaction of any forensic laboratory fee assessed pursuant to N.J.S.2C:35-20;
e. fifth, in satisfaction
of any mandatory Drug Enforcement and Demand Reduction penalty assessed
pursuant to
N.J.S.2C:35-15;
f. sixth, in satisfaction of any anti-drug profiteering penalty imposed pursuant to N.J.S.2C:35A-1 et seq.;
g. seventh, in satisfaction of any anti-money laundering profiteering penalty imposed pursuant to section 9 of P.L.1999, c.25 (C.2C:21-27.2);
h. eighth, in satisfaction of restitution for any extradition costs imposed pursuant to section 4 of P.L.1997, c.253 (C.2C:43-3.4);
i. ninth, in satisfaction of any penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5);
j. tenth, in satisfaction of any penalty imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6);
k. eleventh, in satisfaction of the mandatory penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10);
l. twelfth, in satisfaction of any mandatory Computer Crime Prevention penalty assessed pursuant to section 1 of P.L.2009, c.143 (C.2C:43-3.8);
m. thirteenth, in satisfaction of any mandatory Sex Offender Supervision penalty assessed pursuant to section 7 of P.L.2013, c.214 (C.30:4-123.97); [and]
n. fourteenth, in satisfaction of an assessment imposed pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
o. in satisfaction of any fine.
(cf: P.L.2013, c.214, s.6)
5. This act shall take effect immediately.
STATEMENT
This bill imposes a $400 assessment on persons convicted of certain crimes committed against minors. The money collected is to be forwarded to the State Treasurer to be placed in a fund called the "Amber Alert Fund" which the bill establishes. The Attorney General is required to distribute the money from the fund to the Missing Persons Clearinghouse in the Division of the State Police's Missing Persons Unit for the purpose of making enhancements to the Amber Alert system. After enhancements to the system have been made, any additional money from the fund shall be used for programs designed to recover abducted children.
The crimes for which the $400 would be assessed are: interference with custody; luring a child into a motor vehicle, structure, or isolated area; exposing one's intimate parts to a child; and endangering the welfare of a child. The following crimes would also be subject to the $400 fee in situations where the victim is under the age of 18 years: murder, assault, terroristic threats, kidnapping, sexual assault, aggravated sexual assault, criminal sexual contact, and aggravated criminal sexual contact.
