Bill Text: NJ S3202 | 2016-2017 | Regular Session | Introduced
Bill Title: Provides specific restitution for certain offenses pertaining to places of burial.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2017-05-18 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3202 Detail]
Download: New_Jersey-2016-S3202-Introduced.html
Sponsored by:
Senator GERALD CARDINALE
District 39 (Bergen and Passaic)
Senator LORETTA WEINBERG
District 37 (Bergen)
Co-Sponsored by:
Senator Bateman
SYNOPSIS
Provides specific restitution for certain offenses pertaining to places of burial.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning restitution for certain offenses and supplementing chapter 33 of Title 2C of the New Jersey Statues.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. In addition to any fine or restitution authorized by N.J.S. 2C:43-3, a person convicted of desecrating a place of burial pursuant to N.J.S. 2C:33-9 or defacement of private property used for cemetery purposes pursuant to section 2 of P.L.1981, c.282 (C.2C:33-11) by defacing a place of burial shall be required to pay restitution to the nearest surviving relative of the individual interred at the site that has been desecrated or vandalized. The court shall determine the amount and duration of the restitution pursuant to N.J.S. 2C: 43-3 and the provisions of chapter 46 of Title 2C of the New Jersey Statutes. If the desecration or defacement is caused by an act of graffiti, nothing in this act precludes an additional requirement of performing community service, which shall include removing the graffiti from the property, if appropriate, as the court may determine. Nothing in this act shall be construed to preclude a party from bringing a potential civil action related to the commission of the offenses set forth in this act.
2. This act shall take effect immediately.
STATEMENT
This bill provides that a person convicted of desecrating a place of burial pursuant to N.J.S. 2C:33-9 or defacement of private property used for cemetery purposes pursuant to section 2 of P.L.1981, c.282 (C.2C:33-11) by defacing a place of burial shall be required to pay restitution to the nearest surviving relative of the individual interred at the site that has been desecrated or vandalized.
N.J.S. 2C:33-9 provides that a person commits a disorderly persons offense if he purposely desecrates any public monument, insignia, symbol, or structure, or place of worship or burial.
Section 2 of P.L.1981, c.282 (C.2C:33-11) provides that a person is guilty of a crime of the fourth degree if he purposely defaces or damages, without authorization of the owner or tenant, any private premises or property primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes, or for assembly by persons for purpose of exercising any right guaranteed by law or by the Constitution of this State or of the United States by placing thereon a symbol, an object, a characterization, an appellation, or graffiti that exposes another to threat of violence.
This requirement that restitution be paid to the nearest living relative is similar to a current provision for restitution in murder cases provided for in N.J.S. 2C:11-3c. The victim of the murder is deceased but the restitution is paid to the nearest surviving relative.
The bill also provides that a person convicted of desecrating or defacing a place of burial that involves an act of graffiti may be required to perform community service, which shall include removing the graffiti from the property, if appropriate, as determined by the court. Section 2 of P.L. 1981, c.282 (C.2C:33-11) generally provides for the possibility of community service and this bill does not preclude that sanction for those cases or cases involving places of burial under N.J.S. 2C:33-9.
In addition, the bill does not preclude a party from bringing bring a civil action related to the commission of the offense.
