Bill Text: NJ S652 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes "Court Security Enhancement Fund" and increases court fees.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Judiciary Committee [S652 Detail]
Download: New_Jersey-2012-S652-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator NELLIE POU
District 35 (Bergen and Passaic)
SYNOPSIS
Establishes "Court Security Enhancement Fund" and increases court fees.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act establishing the "Court Security Enhancement Fund," increasing court fees, and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares:
a. Open access to secure safe courts is necessary for the orderly functioning of our society and promotes public confidence in the stability of government;
b. It is vital that citizens feel confident and safe in seeking access to their courts and that court personnel feel safe in the performance of their duties;
c. New Jersey's municipal courtrooms and county courthouses are some of the most frequently visited public buildings in the State;
d. The estimated 23 million persons who visit New Jersey municipal courtrooms and county courthouses are at risk from random acts of violence, terrorism, assault and escape attempts by criminal defendants, gang retaliation, and the hostile, often dangerous conduct of persons who are emotionally upset following court events;
e. Recent incidents of violence in federal and state courts across the country have highlighted the need for improved security at court facilities;
f. Breaches of court security and violence towards judges, attorneys, jurors, witnesses, court personnel and other participants in the judicial process have resulted in serious injuries or death in other states;
g. The additional federal and state homeland security funds made available after September 11 have largely bypassed the state courts;
h. Despite laudable efforts, county and municipal governments do not have sufficient financial resources to provide adequate security for court facilities without imposing additional property tax burdens on their citizens;
i. The Administrative Office of the Courts has promulgated court security standards to respond to the new security realities;
j. A continuous source of funding is needed to assist counties and municipalities in providing and maintaining safe and secure court facilities; and
k. It is entirely appropriate for those citizens who use the courts to share in the cost of developing and maintaining safe and secure court facilities.
2. (New section) As used in this act:
"Court facility" means a municipal courtroom and related court offices that may be part of a municipal government complex; or a courthouse, court annex, or court complex or other office or structure owned or leased by a county necessary for the functioning of the Superior Court, including the Probation Division of the Superior Court. Court facility shall not include "judicial facility costs," pursuant to Article VI, Section VIII of the Constitution of the State of New Jersey.
"Court security standards" means the court security standards promulgated by the Administrative Director of the Courts for the Superior Court and the municipal courts of this State.
"Facility" means a physical structure as well as the grounds adjacent to the structure.
"Local government" means county and municipal government in this State.
"Security equipment" includes electronic or mechanical equipment used to detect or diminish a security threat and may include, but is not limited to: weapons screening technologies, duress and intrusion alarms, ballistic shielding, "line of sight" safeguards, interior and exterior controlled lighting, video monitoring systems, card access systems, and emergency power systems.
3. (New section) a. There is established in the General Fund a separate, non-lapsing, dedicated account to be known as the "Court Security Enhancement Fund." Each fiscal year, the State Treasurer shall deposit all revenues derived from the increase in fees, assessments, and penalties authorized pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) under R.S.39:5-41, subsection b. of section 14 of P.L.1991, c.261 (C.2C:25-30), N.J.S.22A:2-1, N.J.S.22A:2-6, N.J.S.22A:2-12, N.J.S.22A:2-13, section 14 of P.L.1991, c.177 (C.22A:2-37.1), section 2 of P.L.1993, c.188 (C.52:27D-43.24a), and sections 12 and 13 of P.L. , c. (C. ) (pending before the Legislature as this bill) to the "Court Security Enhancement Fund." Moneys in the fund, including any interest accruing thereon, shall be used for the additional costs incurred in supplementing local government funding to enhance court security. The State Treasurer shall administer the fund and disburse money from the fund to local government for improvements to court security as recommended by the Administrative Director of the Courts.
b. Until such time that the Administrative Director of the Courts determines that all local government units have achieved the court security standards, local governing bodies may apply to the Administrative Director of the Courts on an annual basis for grants from the "Court Security Enhancement Fund" to supplement local government funding for the procurement of security equipment and security-related structural modifications necessary to achieve the court security standards. Subject to the availability of money in the fund, the State Treasurer shall disburse money from the fund to supplement local government funding to enhance court security as recommended by the Administrative Director of the Courts. Court security grants awarded pursuant to this section shall be used only for the procurement of security equipment or structural modifications initiated after the effective date of this act. The Administrative Director of the Courts shall issue guidelines prescribing the procedures to be followed when applying for grants as well as the criteria to be used to evaluate grant applications and for administering the fund, generally. When awarding grants to municipalities that apply for court security funding, the Administrative Director of the Courts shall give preference to those municipalities that have entered into agreements to share or merge municipal court services.
c. At such time that the Administrative Director of the Courts determines that all local government units have achieved the court security standards, monies in the fund shall be distributed to local government based on a formula developed by the Administrative Director of the Courts. If court security standards are maintained, monies distributed under this section shall be used to offset local funding for the enhancement and maintenance of security at court facilities including, but not limited to: salaries of armed security officers, salaries of technicians to operate court security equipment, training for local officials and personnel on issues of court security; the development and coordination of emergency and disaster response protocols related to the operation of the court, and other security items as approved by the Administrative Director of the Courts. Notwithstanding the distribution of funds by formula as provided in this section, the Administrative Director of the Courts may reserve a sum equal to no more than 25 percent of the monies deposited in the fund annually for the emergent purchase or replacement of court security equipment to local government units that demonstrate a critical need.
d. The Administrative Office of the Courts shall monitor the use of the funds distributed in accordance with this act and local government shall cooperate in such monitoring efforts. The Administrative Director of the Courts may seek reimbursement of funds that are not expended for the purposes of court security and may recommend that the State Treasurer deny future funding to a local government unit.
e. Subject to the approval of the Administrative Director of the Courts, a sum equal to no more than five percent of the monies deposited in the fund annually may be used to defray the costs of administering the grant program, developing and maintaining a statewide security incident reporting system, providing technical assistance to local officials with regard to court security, providing for security at court facilities not owned or leased by local government, and other statewide court security initiatives.
4. R.S.39:5-41 is amended to read as follows:
39:5-41. a. All fines, penalties and forfeitures imposed and collected under authority of law for any violations of R.S.39:4-63 and R.S.39:4-64 shall be forwarded by the judge to whom the same have been paid to the proper financial officer of a county, if the violation occurred within the jurisdiction of that county's central municipal court, established pursuant to N.J.S.2B:12-1 et seq. or the municipality wherein the violation occurred, to be used by the county or municipality to help finance litter control activities in addition to or supplementing existing litter pickup and removal activities in the municipality.
b. Except as otherwise provided by subsection a. of this section, all fines, penalties and forfeitures imposed and collected under authority of law for any violations of the provisions of this Title, other than those violations in which the complaining witness is the chief administrator, a member of his staff, a member of the State Police, a member of a county police department and force or a county park police system in a county that has established a central municipal court, an inspector of the Board of Public Utilities, or a law enforcement officer of any other State agency, shall be forwarded by the judge to whom the same have been paid as follows: one-half of the total amount collected to the financial officer, as designated by the local governing body, of the respective municipalities wherein the violations occurred, to be used by the municipality for general municipal use and to defray the cost of operating the municipal court; and one-half of the total amount collected to the proper financial officer of the county wherein they were collected, to be used by the county as a fund for the construction, reconstruction, maintenance and repair of roads and bridges, snow removal, the acquisition and purchase of rights-of-way, and the purchase, replacement and repair of equipment for use on said roads and bridges therein. Up to 25% of the money received by a municipality pursuant to this subsection, but not more than the actual amount budgeted for the municipal court, whichever is less, may be used to upgrade case processing.
All fines, penalties and forfeitures imposed and collected under authority of law for any violations of the provisions of this Title, in which the complaining witness is a member of a county police department and force or a county park police system in a county that has established a central municipal court, shall be forwarded by the judge to whom the same have been paid to the financial officer, designated by the governing body of the county, for all violations occurring within the jurisdiction of that court, to be used for general county use and to defray the cost of operating the central municipal court.
Whenever any county has deposited moneys collected pursuant to this section in a special trust fund in lieu of expending the same for the purposes authorized by this section, it may withdraw from said special trust fund in any year an amount which is not in excess of the amount expended by the county over the immediately preceding three-year period from general county revenues for said purposes. Such moneys withdrawn from the trust fund shall be accounted for and used as are other general county revenues.
c. (Deleted by amendment, P.L.1993, c.293.)
d. Notwithstanding the provisions of subsections a. and b. of this section, $1 shall be added to the amount of each fine and penalty imposed and collected through a court under authority of any law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State and shall be forwarded by the person to whom the same are paid to the State Treasurer. In addition, upon the forfeiture of bail, $1 of that forfeiture shall be forwarded to the State Treasurer. The State Treasurer shall annually deposit those moneys so forwarded in the "Body Armor Replacement" fund established pursuant to section 1 of P.L.1997, c.177 (C.52:17B-4.4). Beginning in the fiscal year next following the effective date of this act, the State Treasurer annually shall allocate from those moneys so forwarded an amount not to exceed $400,000 to the Department of [Personnel] the Treasury to be expended exclusively for the purposes of funding the operation of the "Law Enforcement Officer Crisis Intervention Services" telephone hotline established and maintained under the provisions of [P.L.1998, c.149 (C.11A:2-25 et al.)] sections 115 and 116 of P.L.2008, c.29 (C.26:2NN-1 and C.26:2NN-2).
e. Notwithstanding the provisions of subsections a. and b. of this section, $1 shall be added to the amount of each fine and penalty imposed and collected through a court under authority of any law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State and shall be forwarded by the person to whom the same are paid to the State Treasurer. The State Treasurer shall annually deposit those moneys so forwarded in the "New Jersey Spinal Cord Research Fund" established pursuant to section 9 of P.L.1999, c.201 (C.52:9E-9). In order to comply with the provisions of Article VIII, Section II, paragraph 5 of the State Constitution, a municipal or county agency which forwards moneys to the State Treasurer pursuant to this subsection may retain an amount equal to 2% of the moneys which it collects pursuant to this subsection as compensation for its administrative costs associated with implementing the provisions of this subsection.
f. Notwithstanding the provisions of subsections a. and b. of this section, $1 shall be added to the amount of each fine and penalty imposed and collected through a court under authority of any law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State and shall be forwarded by the person to whom the same are paid to the State Treasurer. The State Treasurer shall annually deposit those moneys so forwarded in the "Autism Medical Research and Treatment Fund" established pursuant to section 1 of P.L.2003, c.144 (C.30:6D-62.2).
g. Notwithstanding the provisions of subsections a. and b. of this section, $2 shall be added to the amount of each fine and penalty imposed and collected by a court under authority of any law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State and shall be forwarded by the person to whom the same are paid to the State Treasurer. The State Treasurer shall annually deposit those moneys so forwarded in the "New Jersey Forensic DNA Laboratory Fund" established pursuant to P.L.2003, c.183. Prior to depositing the moneys into the fund, the State Treasurer shall forward to the Administrative Office of the Courts an amount not to exceed $475,000 from moneys initially collected pursuant to this subsection to be used exclusively to establish a collection mechanism and to provide funding to update the Automated Traffic System Fund created pursuant to N.J.S.2B:12-30 to implement the provisions of this subsection.
The authority to impose additional fines and penalties under this subsection shall take effect 90 days after the effective date of P.L.2003, c.183 and shall expire five years thereafter. Not later than the 180th day prior to such expiration, the Attorney General shall prepare and submit to the Governor and the Legislature a report on the collection and use of DNA samples under P.L.1994, c.136. The report shall cover the period beginning on that effective date and ending four years thereafter. The report shall indicate separately, for each one-year period during those four years that begins on that effective date or an anniversary thereof, the number of each type of biological sample taken and the total cost of taking that type of sample, and also the number of identifications and exonerations achieved through the use of the samples. In addition, the report shall evaluate the effectiveness, including cost effectiveness, of having the samples available to further police investigations and other forensic purposes.
h. Notwithstanding the provisions of subsections a. and b. of this section, $1 shall be added to the amount of each fine and penalty imposed and collected under authority of any law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation in this State and shall be forwarded by the person to whom the same are paid to the State Treasurer. The State Treasurer shall annually deposit those moneys so forwarded in the "New Jersey Brain Injury Research Fund" established pursuant to section 9 of P.L.2003, c.200 (C.52:9EE-9). The Administrative Office of the Courts may retain an amount equal to $475,000 from the moneys which it initially collects pursuant to this subsection, prior to depositing any moneys in the "New Jersey Brain Injury Research Fund," in order to meet the expenses associated with utilizing the Automated Traffic System Fund created pursuant to N.J.S.2B:12-30 to implement the provisions of this subsection and serve other statutory purposes.
i. Notwithstanding the provisions of subsections a. and b. of this section, all fines and penalties imposed and collected under authority of law for any violation related to the unlawful operation or the sale of a vehicle under section 1 of P.L.1955, c.53 (C.39:3-17.1) shall be forwarded by the judge to whom the same have been paid to the State Treasurer, if the complaining witness is the chief administrator, a member of his staff, a member of the State Police, an inspector of the Board of Public Utilities, or a law enforcement officer or other official of any other State agency; or, if the complaining witness is not one of the foregoing, one-half to the chief financial officer of the county and one-half to the chief financial officer of the municipality wherein the violation occurred.
j. Notwithstanding the provisions of subsections a. and b. of this section, $3 shall be added to the amount of each fine and penalty imposed and collected by a court under authority of any law for any violation of the provisions of Title 39 of the Revised Statutes or any other motor vehicle or traffic violation and forwarded to the State Treasurer. The State Treasurer shall annually deposit those moneys so forwarded in the "Court Security Enhancement Fund" established pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2008, c.29, s.95)
5. Section 14 of P.L.1991, c.261 (C.2C:25-30) is amended to read as follows:
14. a. Except as provided below, a violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection b. of N.J.S.2C:29-9 and each order shall so state. All contempt proceedings conducted pursuant to N.J.S.2C:29-9 involving domestic violence orders, other than those constituting indictable offenses, shall be heard by the Family Part of the Chancery Division of the Superior Court. All contempt proceedings brought pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.) shall be subject to any rules or guidelines established by the Supreme Court to guarantee the prompt disposition of criminal matters. Additionally, and notwithstanding the term of imprisonment provided in N.J.S.2C:43-8, any person convicted of a second or subsequent nonindictable domestic violence contempt offense shall serve a minimum term of not less than 30 days. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of this act shall be excluded from enforcement under subsection b. of N.J.S.2C:29-9; however, violations of these orders may be enforced in a civil or criminal action initiated by the plaintiff or by the court, on its own motion, pursuant to applicable court rules.
b. A defendant who is found guilty of contempt pursuant to subsection a. of this section shall be assessed a civil penalty of $25, which shall be forwarded to the State Treasurer for deposit in a separate account, to be known as the "Court Security Enhancement Fund," created pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1994, c.94, s.6)
6. N.J.S.22A:2-1 is amended to read as follows:
22A:2-1. For services hereinafter mentioned, the Clerk of the Supreme Court shall be entitled to demand and receive the following fees:
Upon the filing or entering of the notice of appeal, notice of cross-appeal or notice of petition for certification, notice of cross-petition for certification or notice of petition for review, the appellant, cross-appellant, petitioner or cross-petitioner shall pay [$200.00] $205.
Upon the filing of the first paper in any motion, petition or application (including an order if it be the first paper), if not in a pending cause or if made after judgment entered, the moving party shall pay $30.00 shall cover all fees payable on such motion, petition or application down to and including filing and entering the order therein and taxation of costs.
(cf: P.L.2002, c.34, s.25)
7. N.J.S.22A:2-6 is amended to read as follows:
22A:2-6. Upon the filing or entering of the first paper or proceeding in any action or proceeding in the Law Division of the Superior Court, the plaintiff shall pay to the clerk [$200.00] $205 for the first paper filed by him, which shall cover all fees payable therein down to, and including entry of final judgment, taxation of costs, copy of costs and the issuance and recording of final process, except such as may be otherwise provided herein, or provided by law, or the rules of court. Any person filing an answer setting forth a counterclaim or a third party claim in such cause shall pay to the clerk [$200.00] $205 for the first paper filed by him. Any person other than the plaintiff filing any other paper in any such cause shall pay to the clerk [$135.00] $140 for the first paper filed by him.
Any person filing a motion in any action or proceeding shall pay to the clerk $30.00.
(cf: P.L.2002, c.34, s.26)
8. N.J.S.22A:2-12 is amended to read as follows:
22A:2-12. Payment of fees in Chancery Division of Superior Court upon filing of first paper. Upon the filing of the first paper in any action or proceeding in the Chancery Division of the Superior Court, there shall be paid to the clerk of the court, for the use of the State, the following fees, which, except as hereinafter provided, shall constitute the entire fees to be collected by the clerk for the use of the State, down to the final disposition of the cause:
Receivership and partition, [$200.00] $205.
All other actions and proceedings except in probate cases and actions and proceedings for divorce or dissolution of a civil union, [$200.00] $205.
Actions and proceedings for divorce or dissolution of a civil union, [$250.00] $255, $25.00 of which shall be forwarded by the Clerk of the Superior Court as provided in section 2 of P.L.1993, c.188 (C.52:27D-43.24a).
Any person filing a motion in any action or proceeding shall pay to the clerk $30.00.
(cf: P.L.2006, c.103, s.85)
9. Section 2 of P.L.1993, c.188 (C.52:27D-43.24a) is amended to read as follows:
2. Forwarding of filing fee. The Clerk of the Superior Court shall forward $25.00 of the [$250.00] $255 filing fee for a divorce or a dissolution of a civil union provided for in N.J.S.22A:2-12 on a quarterly basis to the Department of Community Affairs.
(cf: P.L.2006, c.103, s.86)
10. N.J.S.22A:2-13 is amended to read as follows:
22A:2-13. Each person other than the plaintiff filing an answering pleading or other answering paper in the Chancery Division of the Superior Court shall at the time of filing the first paper, pay to the clerk the sum of [$135.00] $140; which shall cover all fees payable therein except such as may be otherwise provided herein or by law or the rules of court.
(cf: P.L.2002, c.34, s.30)
11. Section 14 of P.L.1991, c.177 (C.22A:2-37.1) is amended to read as follows:
14. a. From the effective date of the amendments made to this section by section 1 of P.L.2003, c.259 through the fifth year thereafter:
In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:
(1) Filing of small claim, one defendant [$15.00] $20
Each additional defendant $ 2.00
(2) Filing of complaint in tenancy,
one defendant [$25.00] $30
Each additional defendant $ 2.00
(3) (a) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
exceeds the small claims monetary limit [$50.00] $55
Each additional defendant $ 2.00
(b) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
does not exceed the small claims monetary limit [$32.00] $37
Each additional defendant $ 2.00
(4) Filing of appearance or answer
to a complaint or third party complaint in all
matters except small claims [$15.00] $20
(5) Service of Process: Fees for service of process, including: summons by mail, each defendant; summons by mail each defendant at place of business or employment with postal instructions to deliver to addressee only; reservice of summons by mail, each defendant; postage for substituted service of process by the clerk upon the Chief Administrator of the New Jersey Motor Vehicle Commission in addition to the substituted service fee provided below; and wage execution by mail to a federal agency, shall be set by the Administrative Director of the Courts. The fee for service of process shall not exceed the postal rates for ordinary and certified mail, return receipt requested, and may include an administrative fee that shall not exceed $0.25 for each defendant served with process by mail. The total service of process fee shall be rounded upward to the nearest dollar. For the purposes of this paragraph, service of process means the simultaneous mailing by ordinary and certified mail, return receipt requested, to the defendant at the address provided by the plaintiff.
Reservice of summons or other original process by
court officer, one defendant $ 3.00
plus mileage
Each additional defendant $2.00
plus mileage
Substituted service of process by the clerk upon
the Chief Administrator of the
New Jersey Motor Vehicle Commission $10.00
(6) Mileage of court officer in serving or executing any process, writ, order, execution, notice, or warrant, the distance to be computed by counting the number of miles in and out, by the most direct route from the place where process is issued, at the same rate per mile set by the State for other State employees and the total mileage fee rounded upward to the nearest dollar
(7) Jury of six persons $50.00
(8) Warrant for possession in tenancy $15.00
(9) Warrant to arrest, commitment
or writ of capias ad respondendum, each defendant $15.00
(10) Writ of execution or an order in
the nature of execution, writs of replevin and
attachment issued subsequent to summons $ 5.00
(11) For advertising property under execution
or any order $10.00
(12) For selling property under
execution or any order $10.00
(13) Exemplified copy of judgment
(two pages) $ 5.00
each additional page $ 1.00
b. (Deleted by amendment, P.L.2002, c.34).
c. (Deleted by amendment, P.L.2002, c.34).
d. After the fifth year following the effective date of the amendments made to this section by section 1 of P.L.2003, c.259:
In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:
(1) Filing of small claim, one defendant [$15.00] $20
Each additional defendant $ 2.00
(2) Filing of complaint in tenancy,
one defendant [$25.00] $30
Each additional defendant $ 2.00
(3) (a) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
exceeds the small claims monetary limit [$50.00] $55
Each additional defendant $ 2.00
(b) Filing of complaint or other initial
pleading containing a counterclaim, cross-claim
or third party complaint in all other civil actions,
whether commenced without process or by summons,
capias, replevin or attachment where the amount
does not exceed the small claims monetary limit [$32.00] $37
Each additional defendant $ 2.00
(4) Filing of appearance or answer
to a complaint or third party complaint in all
matters except small claims [$15.00] $20
(5) Service of Process:
Summons by mail, each defendant $ 4.00
Summons by mail, each defendant at place of business
or employment with postal instructions to deliver to
addressee only, additional fee $ 4.00
Reservice of summons by mail, each defendant $ 4.00
Reservice of summons or other original process by
court officer, one defendant $ 3.00
plus mileage
Each additional defendant $2.00
plus mileage
Substituted service of process by the clerk upon
the Chief Administrator of the
New Jersey Motor Vehicle Commission $10.00
Plus postage. $ 4.00
(6) Mileage of court officer in serving or executing any process, writ, order, execution, notice, or warrant, the distance to be computed by counting the number of miles in and out, by the most direct route from the place where process is issued, at the same rate per mile set by the State for other State employees and the total mileage fee rounded upward to the nearest dollar
(7) Jury of six persons $50.00
(8) Warrant for possession in tenancy $15.00
(9) Warrant to arrest, commitment
or writ of capias ad respondendum, each defendant $15.00
(10) Writ of execution or an order in
the nature of execution, writs of replevin and
attachment issued subsequent to summons $ 5.00
Wage execution by mail to a federal agency
additional fee $ 4.00
(11) For advertising property under execution
or any order $10.00
(12) For selling property under
execution or any order $10.00
(13) Exemplified copy of judgment
(two pages) $ 5.00
each additional page $1.00
(cf: P.L.2003, c.259, s.1)
12. (New section) Revenue derived from the increase in fees provided by operation of N.J.S.22A:2-5 and section 2 of P.L.1993, c.74 (C.22A:5-1), shall be deposited in the "Court Security Enhancement Fund" established pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
13. (New section) a. (1) In addition to any other fine, fee or assessment imposed, any person convicted of a crime, disorderly or petty disorderly persons offense, or any juvenile adjudicated delinquent for an offense, which if committed by an adult would constitute a crime, disorderly or petty disorderly persons offense, shall be assessed a penalty of $25 for each conviction.
(2) In addition to any term or condition that may be included in an agreement for supervisory treatment pursuant to N.J.S.2C:43-12 et seq., or imposed as a term or condition of conditional discharge pursuant to section 3 of P.L.1987, c.106 (C.2C:36A-1), a participant in either program shall be required to pay an assessment fee of $25.
b. All assessments provided for in this section shall be collected as provided for collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded to the State Treasurer to be deposited into the "Court Security Enhancement Fund" created pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
14. Section 3 of P.L.1979, c.396 (C.2C:46-4) is amended to read as follows:
3. a. All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), all penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), all penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), all penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10) or section 13 of P.L. , c. (C. ) (pending before the Legislature as this bill), and restitution shall be collected as follows:
(1) All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), all penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5), all penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6), all penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10) or section 13 of P.L. , c. (C. ) (pending before the Legislature as this bill), and restitution imposed by the Superior Court or otherwise imposed at the county level, shall be collected by the county probation division except when such fine, assessment or restitution is imposed in conjunction with a custodial sentence to a State correctional facility or in conjunction with a term of incarceration imposed pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) in which event such fine, assessment or restitution shall be collected by the Department of Corrections or the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170). An adult prisoner of a State correctional institution or a juvenile serving a term of incarceration imposed pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) who has not paid an assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), a penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5) a penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10) , a penalty imposed pursuant to section 13 of P.L. , c. (C. ) (pending before the Legislature as this bill), or restitution shall have the assessment, penalty, fine or restitution deducted from any income the inmate receives as a result of labor performed at the institution or on any type of work release program or, pursuant to regulations promulgated by the Commissioner of the Department of Corrections or the Juvenile Justice Commission, from any personal account established in the institution for the benefit of the inmate.
(2) All fines, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), any penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5) and restitution imposed by a municipal court shall be collected by the municipal court administrator except if such fine, assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or restitution is ordered as a condition of probation in which event it shall be collected by the county probation division.
b. Except as provided in subsection c. with respect to fines imposed on appeals following convictions in municipal courts and except as provided in subsection i. with respect to restitution imposed under the provisions of P.L.1997, c.253 (C.2C:43-3.4 et al.), all fines imposed by the Superior Court or otherwise imposed at the county level, shall be paid over by the officer entitled to collect same to:
(1) The county treasurer with respect to fines imposed on defendants who are sentenced to and serve a custodial term, including a term as a condition of probation, in the county jail, workhouse or penitentiary except where such county sentence is served concurrently with a sentence to a State institution; or
(2) The State Treasurer with respect to all other fines.
c. All fines imposed by municipal courts, except a central municipal court established pursuant to N.J.S.2B:12-1 on defendants convicted of crimes, disorderly persons offenses and petty disorderly persons offenses, and all fines imposed following conviction on appeal therefrom, and all forfeitures of bail shall be paid over by the officer entitled to collect same to the treasury of the municipality wherein the municipal court is located.
In the case of an intermunicipal court, fines shall be paid into the municipal treasury of the municipality in which the offense was committed, and costs, fees, and forfeitures of bail shall be apportioned among the several municipalities to which the court's jurisdiction extends according to the ratios of the municipalities' contributions to the total expense of maintaining the court.
In the case of a central municipal court, established by a county pursuant to N.J.S.2B:12-1, all costs, fines, fees and forfeitures of bail shall be paid into the county treasury of the county where the central municipal court is located.
d. All assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) shall be forwarded and deposited as provided in that section.
e. All mandatory Drug Enforcement and Demand Reduction penalties imposed pursuant to N.J.S.2C:35-15 shall be forwarded and deposited as provided for in that section.
f. All forensic laboratory fees assessed pursuant to N.J.S.2C:35-20 shall be forwarded and deposited as provided for in that section.
g. All restitution ordered to be paid to the Victims of Crime Compensation Board pursuant to N.J.S.2C:44-2 shall be forwarded to the board for deposit in the Victims of Crime Compensation Board Account.
h. All assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2) shall be forwarded and deposited as provided in that section.
i. All restitution imposed on defendants under the provisions of P.L.1997, c.253 (C.2C:43-3.4 et al.) for costs incurred by a law enforcement entity in extraditing the defendant from another jurisdiction shall be paid over by the officer entitled to collect same to the law enforcement entities which participated in the extradition of the defendant.
j. All penalties imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5) shall be forwarded and deposited as provided in that section.
k. All penalties imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6) shall be forwarded and deposited as provided in that section.
l. All mandatory penalties imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10) shall be forwarded and deposited as provided in that section.
m. All penalties imposed
pursuant to section 13 of P.L. ,
c. (C. )
(pending before the Legislature as this bill) shall be forwarded and deposited
in the "Court Security Enhancement
Fund," as provided in that section.
(cf: P.L.2005, c.73, s.5)
15. Section 13 of P.L.1991, c.329 (C.2C:46-4.1) is amended to read as follows:
13. Moneys that are collected in satisfaction of any assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), or in satisfaction of restitution or fines imposed in accordance with the provisions of Title 2C of the New Jersey Statutes or with the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), shall be applied in the following order:
a. first, in satisfaction of all assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1);
b. second, except as provided in subsection f. of this section, in satisfaction of any restitution ordered;
c. third, in satisfaction of all assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2);
d. fourth, in satisfaction of any forensic laboratory fee assessed pursuant to N.J.S.2C:35-20;
e. fifth, in satisfaction of any mandatory Drug Enforcement and Demand Reduction penalty assessed pursuant to N.J.S.2C:35-15;
f. sixth, in satisfaction of any anti-drug profiteering penalty imposed pursuant to N.J.S.2C:35A-1 et seq.;
g. seventh, in satisfaction of any anti-money laundering profiteering penalty imposed pursuant to section 9 of P.L.1999, c.25;
h. eighth, in satisfaction of restitution for any extradition costs imposed pursuant to section 4 of P.L.1997, c.253 (C.2C:43-3.4);
i. ninth, in satisfaction of any penalty imposed pursuant to section 1 of P.L.1999, c.295 (C.2C:43-3.5);
j. tenth, in satisfaction of any penalty imposed pursuant to section 11 of P.L.2001, c.81 (C.2C:43-3.6);
k. eleventh, in satisfaction of the mandatory penalty imposed pursuant to section 1 of P.L.2005, c.73 (C.2C:14-10); [and]
l. twelfth, in satisfaction of the mandatory penalty imposed pursuant to section 13 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
m. thirteenth, in satisfaction of any fine.
(cf: P.L.2005, c.73, s.6)
16. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill establishes the "Court Security Enhancement Fund," financed by increasing court fees, assessments and penalties, to provide a continuous source of funding to assist counties and municipalities in providing and maintaining safe and secure court facilities to the citizens of this State. Moneys in the fund shall be used for supplementing local government funding to enhance court security. The bill specifically allocates the increase in court fees, predominantly $5, to the fund.
The State Treasurer will administer the fund and disburse money from it to local government as recommended by the Administrative Director of the Courts. Local governing bodies may apply to the Administrative Director of the Courts on an annual basis for grants from the fund to supplement local government funding for the procurement of security equipment and security-related structural modifications necessary to achieve the court security standards. The bill requires the Administrative Director of the Courts to give preference to those municipalities that have entered into agreements to share or merge municipal court services when the administrative director awards grants to municipalities that apply for court security funding.
When the Administrative Director of the Courts determines that all local government units have achieved the court security standards, monies in the fund shall be distributed to local government based on a formula developed by the Administrative Director of the Courts. If court security standards are maintained, monies distributed pursuant to this bill shall be used to offset local funding for the enhancement and maintenance of security at court facilities.
