Bill Text: NJ S363 | 2014-2015 | Regular Session | Introduced
Bill Title: Makes it a crime of the fourth degree for a public servant, during a state of emergency, to use or make disposition of a public resource in an unauthorized manner with purpose to obtain a benefit for himself or another.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-14 - Introduced in the Senate, Referred to Senate Judiciary Committee [S363 Detail]
Download: New_Jersey-2014-S363-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Senator Bateman
SYNOPSIS
Makes it a crime of the fourth degree for a public servant, during a state of emergency, to use or make disposition of a public resource in an unauthorized manner with purpose to obtain a benefit for himself or another.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning unauthorized use of public resources during an emergency 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. a. A public servant commits a crime of the fourth degree if, during a state of emergency, he knowingly uses or makes disposition of a public resource or any portion thereof in an unauthorized manner with purpose to obtain a benefit for himself or another.
As used in this section, "state of emergency" means a natural or man-made disaster or emergency for which a state of emergency has been declared by the President of the United States or the Governor, or for which a state of emergency has been declared by a municipal emergency management coordinator.
b. Conviction of a crime under this section constitutes an offense involving or touching a public servant's office, position, or employment for the purposes of N.J.S.2C:51-2.
c. Nothing in this act shall preclude or limit the prosecution or conviction of a public servant for any other offense.
2. This act shall take effect immediately.
STATEMENT
This bill makes it a crime of the fourth degree for a public servant, during a state of emergency, to knowingly use or make disposition of a public resource in an unauthorized manner with purpose to obtain a benefit for himself or another.
The term "state of emergency" is defined as a natural or man-made disaster or emergency for which a state of emergency has been declared by the President of the United States or the Governor, or for which a state of emergency has been declared by a municipal emergency management coordinator.
The bill also specifies that conviction of the crime established by the bill would constitute an offense involving or touching the public servant's office, position, or employment for the purposes of N.J.S.2C:51-2. Under that statute, a person holding any public office, position or employment, elective or appointive, must forfeit the office, position or employment if he is convicted of "an offense involving or touching such office, position or employment." In addition, such person is also barred from any future public employment.
In addition, the bill specifies that it would not preclude or limit the prosecution or conviction of a public servant for any other offense. The sponsor notes that other offenses may also be applicable when a public servant uses a public resource for an unauthorized purpose, including but not limited to corruption of public resources pursuant to P.L.2007, c.158 (C.2C:27-12); theft pursuant to N.J.S.2C:20-3; and official misconduct pursuant to N.J.S.2C:30-2. This bill is intended to create an additional tool for prosecutors in these situations.
