Bill Text: NJ S329 | 2014-2015 | Regular Session | Introduced
Bill Title: Increases the penalty for certain gang related crimes.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-14 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S329 Detail]
Download: New_Jersey-2014-S329-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
Senator THOMAS H. KEAN, JR.
District 21 (Morris, Somerset and Union)
SYNOPSIS
Increases the penalty for certain gang related crimes.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the penalties for certain gang related crimes and amending P.L.2007, c.341.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2007, c.341 (C.2C:33-29) is amended to read as follows:
1. a. A person is guilty of the crime of gang criminality if, while knowingly involved in criminal street gang activity, he commits, attempts to commit, or conspires to commit, whether as a principal or an accomplice, any crime specified in chapters 11 through 18, 20, 33, 35 or 37 of Title 2C of the New Jersey Statutes; N.J.S.2C:34-1; N.J.S.2C:39-3; N.J.S.2C:39-4; section 1 of P.L.1998, c.26 (C.2C:39-4.1); N.J.S.2C:39-5; or N.J.S.2C:39-9. A crime is committed while involved in a criminal street gang related activity if the crime was committed for the benefit of, at the direction of, or in association with a criminal street gang.
"Criminal street gang" means three or more persons associated in fact. Individuals are associated in fact if: (1) two of the following seven criteria that indicate criminal street gang membership apply: (a) self-proclamation; (b) witness testimony or official statement; (c) written or electronic correspondence; (d) paraphernalia or photographs; (e) tattoos; (f) clothing or colors; (g) any other indicia of street gang activity; and (2) individually or in combination with other members of a criminal street gang, while engaging in gang related activity, have committed or conspired or attempted to commit, within the preceding five years from the date of the present offense, excluding any period of imprisonment, one or more offenses on separate occasions of robbery, carjacking, aggravated assault, assault, aggravated sexual assault, sexual assault, arson, burglary, kidnapping, extortion, tampering with witnesses and informants or a violation of chapter 11, section 3, 4, 5, 6, or 7 of chapter 35 or chapter 39 of Title 2C of the New Jersey Statutes.
b. Grading. Gang criminality is a crime of one degree higher than the most serious underlying crime referred to in subsection a. of this section, except that where the underlying crime is a crime of the first degree, gang criminality is a first degree crime and the defendant, upon conviction, and notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, shall be sentenced to an ordinary term of imprisonment between 15 and 30 years, during which the defendant shall not be eligible for parole. A sentence imposed upon conviction of the crime of gang criminality shall be ordered to be served consecutively to the sentence imposed upon conviction of any underlying offense referred to in subsection a. of this section. Except where the underlying offense is a crime of the first degree, 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.
(cf: P.L.2007, c.341, s.1)
2. Section 2 of P.L.2007, c.341 (C.2C:33-30) is amended to read as follows:
2. a. A person promotes organized street crime if he conspires with others as an organizer, supervisor, financier or manager to commit any crime specified in chapters 11 through 18, 20, 33, 35, or 37 of Title 2C of the New Jersey Statutes; N.J.S.2C:34-1; N.J.S.2C:39-3; N.J.S.2C:39-4; section 1 of P.L.1998, c.26 (C.2C:39-4.1); N.J.S.2C:39-5; or N.J.S.2C:39-9.
b. Grading. Promotion of organized street crime is a crime of one degree higher than the most serious underlying crime referred to in subsection a. of this section, except that where the underlying offense is a crime of the first degree, promotion of organized street crime is a first degree crime and the defendant, upon conviction, and notwithstanding the provisions of paragraph (1) of subsection a of N.J.S.2C:43-6, shall be sentenced to an ordinary term of imprisonment between 15 and 30 years, during which the defendant shall be ineligible for parole.
A sentence imposed upon conviction of the crime of promotion of organized street crime shall be ordered to be served consecutively to the sentence imposed upon conviction of any underlying offense referred to in subsection a. of this section. Except where the underlying offense is a crime of the first degree, 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.
(cf: P.L.2007, c.341, s.2)
3. This act shall take effect immediately.
STATEMENT
This bill increases the penalties for the crimes of gang criminality and promoting organized street crime. Under current law, a person is guilty of gang criminality if that person commits certain crimes while knowingly involved in criminal street activity. A person is guilty of promoting organized street crime if that person conspires with others as an organizer, supervisor, financier or manager to commit certain crimes. An example of the underlying crimes listed in both statutes include, robbery, carjacking, aggravated assault, assault, aggravated sexual assault, sexual assault, arson, burglary, kidnapping, extortion, tampering with witnesses and informants.
The penalty for either crime is one degree higher than the most serious underlying offense. Where the underlying offense is a crime of the first degree, however, gang criminality or promoting organized street crime is a first degree crime and the defendant is to be sentenced to a term of 15 to 30 years imprisonment.
The provisions of this bill increase the penalties for both crimes to provide that a person found guilty of gang criminality or promoting organized street crime, where the underlying offense is a crime of the first degree, is ineligible for parole. In addition, where the underlying offense is a crime of the second through fourth degree, a person is required to serve a minimum term of imprisonment to be fixed at, or between, one-third and one-half of the sentence imposed, during which the defendant shall be ineligible for parole.
