Bill Text: NJ S2698 | 2022-2023 | Regular Session | Introduced
Bill Title: Provides that crime of official misconduct involving disclosure of domestic violence or sexual assault victim's personal information is second degree crime.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-19 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2698 Detail]
Download: New_Jersey-2022-S2698-Introduced.html
Sponsored by:
Senator ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Provides that crime of official misconduct involving disclosure of domestic violence or sexual assault victim's personal information is second degree crime.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning official misconduct and amending N.J.S.2C:30-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:30-2 is amended to read as follows:
A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit:
a. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner; or
b. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
c. Official misconduct is a crime of the second degree. If the benefit obtained or sought to be obtained, or of which another is deprived or sought to be deprived, is of a value of [$200.00] $200 or less, the offense of official misconduct is a crime of the third degree, unless it involves the disclosure of a domestic violence or sexual assault victim's personal information, in which case it is a crime of the second degree.
" Personal information" means information that identifies, relates to, describes, or is capable of being associated with the person including, but not limited to, the person's name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission number, license plate number, employment, employment history, and financial information.
(cf: P.L.1979, c. 178, s.61)
2. This act shall take effect immediately.
STATEMENT
This bill provides that any crime of official misconduct involving the disclosure of a domestic violence or sexual assault victim's personal information is a crime of the second degree. Under current law, a public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a benefit: he knowingly commits an unauthorized exercise of his official functions; or he knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.
Official misconduct generally is a second degree crime, unless the benefit obtained or sought to be obtained, or of which another is deprived or sought to be deprived, is of a value of $200 or less, then it is a third degree crime. A crime of the second degree is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.
Under this bill, any crime of official misconduct involving the disclosure of a domestic violence or sexual assault victim's personal information would be a crime of the second degree, regardless of the amount of the benefit obtained or sought to be obtained, or of which another is deprived or sought to be deprived.
