Bill Text: NJ S2204 | 2012-2013 | Regular Session | Introduced

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Bill Title: "Drug Dealer Accountability Act;" increases penalties for distribution of phencyclidine; establishes criminal liability for drug dealers under certain circumstances; imposes civil and criminal penalties for combinations of controlled dangerous substances.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2012-10-15 - Referred to Senate Budget and Appropriations Committee [S2204 Detail]

Download: New_Jersey-2012-S2204-Introduced.html

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SENATE, No. 2204

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED OCTOBER 1, 2012

 

 

Sponsored by:

Senator  DONALD NORCROSS

District 5 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     "Drug Dealer Accountability Act;" increases penalties for distribution of phencyclidine; establishes criminal liability for drug dealers under certain circumstances; imposes civil and criminal penalties for combinations of controlled dangerous substances.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning controlled dangerous substances and designated the "Drug Dealer Accountability Act," amending N.J.S.2C:35-5 and P.L.2001, c.114, 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.    N.J.S.2C:35-5 is amended to read as follows:

     2C:35-5.  Manufacturing, Distributing or Dispensing.  a.  Except as authorized by P.L.1970, c.226 (C.24:21-1 et seq.), it shall be unlawful for any person knowingly or purposely:

     (1)  To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or

     (2)  To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.

     b.    Any person who violates subsection a. with respect to:

     (1)   Heroin, or its analog, or coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, or analogs, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine, or 3,4-methylenedioxymethamphetamine or 3,4-methylenedioxyamphetamine, in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree.  The defendant shall, except as provided in N.J.S.2C:35-12, be sentenced to a term of imprisonment by the court.  The term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole.  Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $500,000.00 may be imposed;

     (2)   A substance referred to in paragraph (1) of this subsection, in a quantity of one-half ounce or more but less than five ounces, including any adulterants or dilutants is guilty of a crime of the second degree;

     (3)   A substance referred to paragraph (1) of this subsection in a quantity less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed;

     (4)   A substance classified as a narcotic drug in Schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of one ounce or more including any adulterants or dilutants is guilty of a crime of the second degree;

     (5)   A substance classified as a narcotic drug in Schedule I or II other than those specifically covered in this section, or the analog of any such substance, in a quantity of less than one ounce including any adulterants or dilutants is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed;

     (6)   Lysergic acid diethylamide, or its analog, in a quantity of 100 milligrams or more including any adulterants or dilutants, or phencyclidine, or its analog, in a quantity of [10] five grams or more including any adulterants or dilutants, is guilty of a crime of the first degree. Except as provided in N.J.S.2C:35-12, the court shall impose a term of imprisonment which shall include the imposition of a minimum term, fixed at, or between, one-third and one-half of the sentence imposed by the court, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $500,000.00 may be imposed;

     (7)   Lysergic acid diethylamide, or its analog, in a quantity of less than 100 milligrams including any adulterants or dilutants, or where the amount is undetermined, or phencyclidine, or its analog, in a quantity of less than [10] five grams including any adulterants or dilutants, or where the amount is undetermined, is guilty of a crime of the second degree;

     (8)   Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of five ounces or more including any adulterants or dilutants is guilty of a crime of the first degree. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed;

     (9)   (a)  Methamphetamine, or its analog, or phenyl-2-propanone (P2P), in a quantity of one-half ounce or more but less than five ounces including any adulterants or dilutants is guilty of a crime of the second degree;

     (b)   Methamphetamine, or its analog, or phenyl-2-propanone  (P2P), in a quantity of less than one-half ounce including any adulterants or dilutants is guilty of a crime of the third degree except that notwithstanding the provisions of subsection b. of  N.J.S.2C:43-3, a fine of up to $75,000.00 may be imposed;

     (10)  (a)  Marijuana in a quantity of 25 pounds or more including any adulterants or dilutants, or 50 or more marijuana plants, regardless of weight, or hashish in a quantity of five pounds or more including any adulterants or dilutants, is guilty of a crime of the first degree.  Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine of up to $300,000.00 may be imposed;

     (b)   Marijuana in a quantity of five pounds or more but less than 25 pounds including any adulterants or dilutants, or 10 or more but fewer than 50 marijuana plants, regardless of weight, or hashish in a quantity of one pound or more but less than five pounds, including any adulterants and dilutants, is guilty of a crime of the second degree;

     (11)  Marijuana in a quantity of one ounce or more but less than five pounds including any adulterants or dilutants, or hashish in a quantity of five grams or more but less than one pound including any adulterants or dilutants, is guilty of a crime of the third degree except that, notwithstanding the provisions of subsection b. of  N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed;

     (12)  Marijuana in a quantity of less than one ounce including any adulterants or dilutants, or hashish in a quantity of less than five grams including any adulterants or dilutants, is guilty of a crime of the fourth degree;

     (13)  Any other controlled dangerous substance classified in Schedule I, II, III or IV, or its analog, is guilty of a crime of the third degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed; or

     (14)  Any Schedule V substance, or its analog, is guilty of a crime of the fourth degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000.00 may be imposed.

     c.     Where the degree of the offense for violation of this section depends on the quantity of the substance, the quantity involved shall be determined by the trier of fact.  Where the indictment or accusation so provides, the quantity involved in individual acts of manufacturing, distribution, dispensing or possessing with intent to distribute may be aggregated in determining the grade of the offense, whether distribution or dispensing is to the same person or several persons, provided that each individual act of manufacturing, distribution, dispensing or possession with intent to distribute was committed within the applicable statute of limitations.

     d.    A person who violates subsection a. with respect to a controlled dangerous substance that has been laced, combined, or infused with another controlled dangerous substance is guilty of an offense involving the controlled dangerous substance that carries the highest degree of penalty.  The determination as to which controlled dangerous substance carries the highest degree of penalty shall be based on the combined quantity of the controlled dangerous substances.

(cf: P.L.2000, c.136)

 

     2.    Section 3 of P.L.2001, c.114 (C.2C:35B-3) is amended to read as follows:

     3.    As used in this act:

     a.     "Marketing of controlled dangerous substances" means the illegal distributing, dispensing, or possessing with intent to distribute, a specified controlled dangerous substance.

     b.    "Individual user of controlled dangerous substance" means the individual whose illegal use of a specified controlled dangerous substance is the basis of an action brought under this act.

     c.     "Level 1 offense" means:

     (1)   possessing with intent to distribute less than four ounces of a specified controlled dangerous substance as defined in this section;

     (2)   distributing or dispensing less than one ounce of a specified controlled dangerous substance as defined in this section;

     (3)   possessing with intent to distribute 25 or more but less than 50 marijuana plants;

     (4)   possessing with intent to distribute less than four pounds of marijuana, or

     (5)   distributing or dispensing more than 28.5 grams of marijuana.

     d.    "Level 2 offense" means:

     (1)   possessing with intent to distribute four ounces or more but less than eight ounces of a specified controlled dangerous substance as defined in this section;

     (2)   distributing or dispensing one ounce or more but less than two ounces of a specified controlled dangerous substance as defined in this section;

     (3)   possessing with intent to distribute 50 or more but less than 75 marijuana plants;

     (4)   possessing with intent to distribute four pounds or more but less than eight pounds of marijuana, or

     (5)   distributing or dispensing more than one pound but less than five pounds of marijuana.

     e.     "Level 3 offense" means:

     (1)   possessing with intent to distribute eight ounces or more but less than 16 ounces of a specified controlled dangerous substance as defined in this section;

     (2)   distributing or dispensing two ounces or more but less than four ounces of a specified controlled dangerous substance as defined in this section;

     (3)   possessing with intent to distribute 75 or more but less than 100 marijuana plants;

     (4)   possessing with intent to distribute eight pounds or more but less than 16 pounds of marijuana, or

     (5)   distributing or dispensing more than five pounds but less than 10 pounds of marijuana.

     f.     "Level 4 offense" means:

     (1)   possessing with intent to distribute 16 ounces or more of a specified controlled dangerous substance as defined in this section;

     (2)   distributing or dispensing four ounces or more of a specified controlled dangerous substance as defined in this section;

     (3)   possessing with intent to distribute 100 or more marijuana plants;

     (4)   possessing with intent to distribute 16 pounds or more of  marijuana[, or] ;

     (5)   distributing or dispensing more than 10 pounds of marijuana, or

     (6)   distributing or dispensing any quantity of a controlled dangerous substance that has been laced, combined, or infused with another controlled dangerous substance.

     g.     "Participate in the illegal marketing of controlled dangerous substances" means to transport, import into this State, distribute, dispense, sell, possess with intent to distribute, or offer to distribute a controlled dangerous substance, in violation of any of the provisions of chapter 35 of Title 2C of the New Jersey Statutes.  "Participate in the marketing of controlled dangerous substances" does not include the purchase or receipt of a controlled dangerous substance for personal use only.

     h.     "Person" means any natural person, association, partnership, corporation or other entity.

     i.      "Period of illegal use" means, in relation to the individual user of a controlled dangerous substance, the time of the individual's first illegal use of a controlled dangerous substance to the accrual of the cause of action.

     j.     "Place of illegal activity" means, in relation to the individual user of a specified controlled dangerous substance, each county in which the individual illegally possess or uses a specified controlled dangerous substance.

     k.    "Place of participation" means, in relation to a defendant in an action brought under this act, each county in which the defendant participates in the marketing of controlled dangerous substances.

     l.      "Specified controlled dangerous substance" means heroin, cocaine, lysergic acid diethylamide, phencyclidine, methamphetamine, phenyl-2-propanone (P2P) and any other controlled dangerous substance specified under the provisions of N.J.S.2C:35-5 as being unlawful to manufacture, distribute, or dispense, or to possess or have under a person's control with intent to manufacture, distribute or dispense.

(cf: P.L.2001, c.114, s.3)

 

     3.    (New section)  a.  Any person who manufactures, distributes or dispenses any controlled dangerous substance, or any controlled substance analog, in violation of subsection a. of N.J.S.2C:35-5 that is injected, inhaled, or ingested by a person who commits a crime while under the influence of the controlled dangerous substance is guilty of a crime one degree lower than the most serious offense for which the person who injected, inhaled, or ingested the controlled dangerous substance is convicted except that, if the underlying offense is a crime of the fourth degree, the person shall be guilty of a disorderly persons offense.

     b.    In any prosecution under this section the underlying offense shall not be:

     (1)   too remote in its occurrence as to have a just bearing on the defendant's liability; or

     (2)   too dependent upon conduct of another person which was unrelated to the injection, inhalation or ingestion of the controlled dangerous substance or its effect as to have a just bearing on the defendant's liability.

     c.     Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this section shall not merge with a conviction for leader of narcotics trafficking network, maintaining or operating a controlled dangerous substance production facility, or for unlawfully manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense the controlled dangerous substance or controlled substance analog.

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill, which would be known as the "Drug Dealer Accountability Act," would revise the penalties that may be imposed for manufacturing, distributing, or dispensing phencyclidine, which is commonly known as "PCP," would provide that when a dealer is distributing a combination or mixture of controlled dangerous substances, the dealer is guilty of distributing the controlled dangerous substance that carries the highest penalties based on the quantity of the combined substances, and would impose additional civil and criminal liability on drug dealers for crimes committed by drug users while under the influence of a controlled dangerous substance.

     Currently, manufacturing, distributing, or dispensing phencyclidine is a crime of the first degree if it involves 10 grams or more of the substance, including adulterants and dilutants, and is a crime of the second degree if it involves less than 10 grams, including adulterants and dilutants.  This bill would make manufacturing, distributing, or dispensing five grams or more of phencyclidine, including adulterants and dilutants, a crime of the first degree and manufacturing, distributing, or dispensing less than five grams of phencyclidine, including adulterants and dilutants, a crime of the second degree. 

     This bill would additionally provide that, when a person manufactures, distributes, or dispenses a controlled dangerous substance that is laced, combined, or infused with another controlled dangerous substance, the person is guilty of an offense involving the controlled dangerous substance that carries the highest degree of penalty.  The determination as to which controlled dangerous substance constitutes the most serious offense would be based on the combined quantity of the substances.

     A crime of the first degree is punishable by imprisonment for 10 to 20 years, up to a $200,000 fine, or both.  A crime of the second degree is punishable by imprisonment for five to 10 years, up to a $150,000 fine, or both.

     This bill would additionally revise the provisions of P.L.2001, c.114 (C.2C:35B-1 et seq.), the "Drug Dealer Liability Act," which permits persons injured by drug abuse to recover civil damages against drug dealers.  Plaintiffs may recover civil damages based on the type and quantity of the controlled dangerous substance distributed or dispensed by the dealer.  This bill would provide that distributing or dispensing any quantity of a controlled dangerous substance that has been laced, combined, or infused with another controlled dangerous substance is a "level 4 offense," which means that a dealer found responsible for a plaintiff's injuries would be liable for 100% of the plaintiff's damages. 

     This bill would also make a person who manufactures, distributes, or dispenses a controlled dangerous substance criminally liable when a person who injects, inhales, or ingests the substance commits a criminal offense while under the influence of the controlled dangerous substance.  The person who manufactures, distributes, or dispenses the substance would be guilty of a crime one degree lower than the most serious offense committed by the user except that, if the underlying offense is a crime of the fourth degree, the person would be guilty of a disorderly persons offense.

     The bill would require that underlying offense was not: (1) too remote in its occurrence as to have a just bearing on the defendant's liability; or (2) too dependent upon conduct of another person which was unrelated to the injection, inhalation or ingestion of the controlled dangerous substance or its effect as to have a just bearing on the defendant's liability.

     The bill would provide that, notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under its provisions would not merge with a conviction for leader of narcotics trafficking network, maintaining or operating a controlled dangerous substance production facility, or unlawfully manufacturing, distributing, dispensing or possessing with intent to manufacture, distribute or dispense the controlled dangerous substance or controlled substance analog.

     This bill is in response to several recent incidents involving homicides allegedly committed by people who had ingested "wet," which is a term for a marijuana cigarette laced with phencyclidine.