Bill Text: NJ S3532 | 2024-2025 | Regular Session | Introduced
Bill Title: Includes Sikhs as protected class in bias intimidation law; appropriates $100,000.
Spectrum: Moderate Partisan Bill (Democrat 12-2)
Status: (Introduced) 2024-09-12 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3532 Detail]
Download: New_Jersey-2024-S3532-Introduced.html
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Includes Sikhs as protected class in bias intimidation law; appropriates $100,000.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bias intimidation, amending N.J.S.2C:16-1 and P.L.2017, c.95, supplementing Title 2C of the New Jersey Statutes, and making an appropriation.
Whereas, Sikhism is a monotheistic, pragmatic, non-dharmic ethno-religion that was founded by Guru Nanak in the 15th century in the Punjab region; and
Whereas, Sikhs are commonly identified as wearing turbans, long beards or mustaches (for men), karas (iron bracelets) on their wrists, or kirpans (small daggers), or a combination of these items; though others may be seen without a turban or facial hair; and
Whereas, Anti-Sikh prejudice is a type of bigotry that is characterized by acts of hatred or disparagement towards expressions of Sikhism or perceptions of Sikhism on the basis of actual or perceived origin, shared ancestry, or ethnic characteristics with the religious group; and
Whereas, Anti-Sikh hate is any incident or crime committed against Sikhs, those perceived to be Sikh people, gurdwaras, Sikh organizations, or property owned by Sikhs which is religiously or racially motivated by hostility, hatred, or prejudice against Sikhs; and
Whereas, Cultural and religious illiteracy, coupled with a distinct visible identity in the form of a turban, has led to xenophobic violence against Sikhs since their arrival in this country more than a century ago; and
Whereas, Following the September 11th terrorist attacks in the United States, Sikhs have been frequent targets of anti-Muslim hate and Islamophobia, as Sikhs, who are not Muslims, were erroneously equated with Islamic radicals, extremists, and terrorists; and
Whereas, Confusing Sikhism with radical Islamists and Arabs, treating or considering Sikhs as another form of Muslims, and hostility and fear of Sikhs were then, and still are growing concerns as hatred or severe disparagement towards Sikh persons, their culture, history or heritage remains extremely problematic; and
Whereas, During the COVID-19 pandemic, racist and discriminatory attacks have risen against Asian communities, including Sikhs, a majority of which are attributed to lack of knowledge; and
Whereas, The Federal Bureau of Investigations ("FBI") Director, Christopher A. Wray, noted during a hearing on transnational repression that cases of hate crime are often misunderstood and also chronically under-reported for communities like Sikhs; and
Whereas, On October 16, 2023, the FBI released its annual report of hate crime statistics, which recorded 198 anti-Sikh hate crime incidents; and
Whereas, According to the FBI report, Sikhs remain the second-most targeted group in the nation for religiously-motivated hate crime incidents; and
Whereas, The FBI further noted the exponential rise of hatred, prejudice and bigotry towards the Sikh community through transnational repression, being elevated by organized entities and hate groups continues; and
Whereas, Discrimination, harassment, prejudice, and unequal treatment of Sikh persons or Sikh-majority communities, exclusion of Sikh persons or Sikh-majority communities from major political and social spheres due to their physical attire, and the making of mendacious, dehumanizing, demonizing, or stereotypical allegations about Sikhs, as a collective group, are other forms of Anti-Sikh conduct; and
Whereas, These prejudicial acts may include, but are not limited to conspiracies about Sikh entry into politics, government, or other societal institutions, the myth of Sikh identity having a unique propensity for terrorism, and claims of a demographic threat posed by Sikhs or of a Sikh takeover, and the rhetorical, violent, or physical anti-Sikh manifestations directed against Sikh or non-Sikh individuals, their property, Sikh community institutions, and religious facilities; and
Whereas, New Jersey is home to approximately 100,000 Sikhs, which is one of the largest Sikh populations in the United States; and
Whereas, According to a recent survey most of the Sikh children in New Jersey public schools have not learned or learned very little about Sikhism; and
Whereas, The lack of culture and history curriculum on Sikhism in mainstream courses at New Jersey public schools has perpetuated violence, intolerance, and increased cases of bullying year after year against children who practice this religion; and
Whereas, The lack of Sikhism education in the New Jersey public school system could be related to the increased cases of hate, bullying, discrimination and rise in Islamophobic remarks against Sikhs; and
Whereas, The State of New Jersey has a strong interest in protecting individuals and groups of individuals from hatred, bigotry and discrimination; now, therefore,
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:16-1 is amended to read as follows:
2C:16-1. Bias Intimidation.
a. Bias Intimidation. A person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:28-4; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-5,
(1) with a purpose to intimidate an individual or group of individuals because of their membership within a protected class, including but not limited to, race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or Sikhism; or
(2) knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of their membership within a protected class, including but not limited to, race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or Sikhism; or
(3) under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of their membership within a protected class, including but not limited to, race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or Sikhism; or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's membership within a protected class, including but not limited to, race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or Sikhism.
b. Permissive inference concerning selection of targeted person or property. Proof that the target of the underlying offense was selected by the defendant, or by another acting in concert with the defendant, because of the target's membership within a protected class, including but not limited to, race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or Sikhism, shall give rise to a permissive inference by the trier of fact that the defendant acted with a purpose to intimidate an individual or group of individuals because of their membership within a protected class, including but not limited to, race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or Sikhism.
c. Grading. Bias intimidation is a crime of the fourth degree if the underlying offense referred to in subsection a. is a disorderly persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime referred to in subsection a., except that where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years.
d. Gender exemption in sexual offense prosecutions. It shall not be a violation of subsection a. if the underlying criminal offense is a violation of chapter 14 of Title 2C of the New Jersey Statutes and the circumstance specified in paragraph (1), (2) or (3) of subsection a. of this section is based solely upon the gender of the victim.
e. Merger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for bias intimidation shall not merge with a conviction of any of the underlying offenses referred to in subsection a. of this section, nor shall any conviction for such underlying offense merge with a conviction for bias intimidation. The court shall impose separate sentences upon a conviction for bias intimidation and a conviction of any underlying offense.
f. Additional Penalties. In addition to any fine imposed pursuant to N.J.S.2C:43-3 or any term of imprisonment imposed pursuant to N.J.S.2C:43-6, a court may order a person convicted of bias intimidation to one or more of the following:
(1) complete a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights;
(2) complete a counseling program intended to reduce the tendency toward violent and antisocial behavior; and
(3) make payments or other compensation to a community-based program or local agency that provides services to victims of bias intimidation.
g. As used in this section "gender identity or expression" means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth.
h. It shall not be a defense to a prosecution for a crime under this section that the defendant was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, [or] ethnicity, or Sikhism of the victim.
i. All local, county, and State law enforcement entities in New Jersey shall report all violations under N.J.S.2C:16-1 to the State and federal law enforcement agencies responsible for preparing bias crime reports.
(cf: P.L.2020, c.73, s.1)
2. (New section) The Office of Attorney General shall, in consultation with the Department of Education:
(1) develop training, for the dissemination to county and local law enforcement agencies, on Sihkism, which shall include, but not limited to, visible Sikh identity features, including turbans, bracelets, moustaches, beard, and physical attire, and the classification of bias intimidation cases as anti-Sikh, to prevent the misclassification of hate and bias incidents.
(2) coordinate with other State agencies and departments in the creation of a public awareness campaign and educational initiatives on Sikhism; and
(3) annually report to the Governor, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and to the Legislature on the public awareness campaign, educational initiatives on Sikhism executed through the public awareness campaign across different public platforms, and on the steps taken to include Sikhism education across curriculum standards in different grades across township boards of education within this State.
3. Section 1 of P.L.2017, c.95 (C.52:32-18.1) is amended to read as follows:
1. a. There is established in the Division of Purchase and Property in the State Department of the Treasury a Chief Diversity Officer.
b. It shall be the duty of the Chief Diversity Officer to:
(1) monitor the State's public contracting process for the purpose of compiling information on the awarding of contracts to minority-owned and women-owned business enterprises, the total value of all contracts and the percentage of the value of those contracts awarded to minority-owned and women-owned business enterprises;
(2) ensure that each public entity of this State, and political subdivision thereof, incorporate the definition for anti-Sikh hate into the bias intimidation policy of the public entity; and
(3) ensure that the definition of anti-Sikh hate be incorporated into the diversity, equity, and inclusivity promotion policies in any program offered by the State, and any political subdivision thereof.
(cf: P.L.2017, c.95, s.1)
4. The New Jersey Office of Attorney General, in consultation with the New Jersey field office of the Federal Bureau of Investigation and the New Jersey Office of Homeland Security and Preparedness, shall develop a transnational repression recognition and response training program that is to include how to identify different tactics of transnational repression and best practices for appropriate county, local and state law enforcement prevention, reporting, and response tactics.
5. There shall be appropriated annually for three consecutive years following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill) from the General Fund the sum of $100,000 to the Office of the Attorney General to fund Sikh awareness educational initiatives and outreach efforts to the Sikh community.
6. This act shall take effect immediately.
STATEMENT
This bill amends N.J.S.A.2C:16-1, the crime of bias intimidation,
to specifically include Sikhism in the protected classes set forth in the statute.
Sikhism is the monotheistic religion founded in India in the 15th century by Guru Nanak. New Jersey is home to approximately 100,000 Sikhs, which is one of the largest Sikh populations in the United States. On October 16, 2023, the Federal Bureau of Investigation ("FBI") released its annual report of hate crime statistics, which recorded 198 anti-Sikh hate crime incidents. According to the FBI report, Sikhs remain the second-most targeted group in the nation for religiously-motivated hate crime incidents.
Current law enumerates the protected classes of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, and ethnicity in the bias intimidation statute.
Under the provisions of the bill, a person is guilty of the crime of bias intimidation if he commits, attempts, conspires, or threatens the immediate commission of certain specified offenses with a purpose to intimidate an individual or group because of their membership within a protected class, including but not limited to, race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, ethnicity, or Sikhism, or knowing that the conduct would cause an individual or group to be intimidated on that basis or under circumstances in which the victim believes he was targeted on that basis.
Pursuant to this bill, all local, county, and State law enforcement entities in New Jersey are to report all violations under the statute to the State and federal law enforcement agencies responsible for preparing bias crime reports.
Further, this bill sets forth that the Office of Attorney General, in consultation with the Department of Education, is to:
(1) develop training, for the dissemination to county and local law enforcement agencies, on Sihkism, which shall include, but not limited to, visible Sikh identity features, including turbans, bracelets, moustaches, beard, and physical attire, and the classification of bias intimidation cases as anti-sikh, to prevent the misclassification of hate and bias incidents.
(2) coordinate with other State agencies and departments in the creation of a public awareness campaign and educational initiatives on Sikhism; and
(3) annually report to the Governor and the Legislature on the public awareness campaign,educational initiatives on Sikhism executed through the public awareness campaign across different public platforms, and on the steps taken to include Sikhism education across curriculum standards in different grades across township boards of education within this State.
Pursuant to this bill, the New Jersey Office of Attorney General, in consultation with the New Jersey field office of the Federal Bureau of Investigation and the New Jersey Office of Homeland Security and Preparedness, shall develop a transnational repression recognition and response training program that is to include how to identify different tactics of transnational repression and best practices for appropriate county, local and state law enforcement prevention, reporting, and response tactics.
Current law establishes within the Division of Purchase and Property in the State Department of the Treasury, the position of Chief Diversity Officer. This bill expands the Chief Diversity Officer's responsibilities to include: ensuring that each public entity of this State incorporate the definition for anti-Sikh hate into the bias intimidation policy of the public entity; and ensuring that the definition of anti-Sikh hate is incorporated into the diversity, equity, and inclusivity promotion policies in any program offered by the State or any political subdivision of the State.
This bill appropriates $100,000, for three consecutive years following enactment, from the General Fund to the Office of the Attorney General to fund Sikh awareness educational initiatives and outreach efforts to the Sikh community.
