ASSEMBLY, No. 2465
STATE OF NEW JERSEY
212th LEGISLATURE
INTRODUCED FEBRUARY 6, 2006
Sponsored by:
Assemblyman NEIL M. COHEN
District 20 (Union)
Assemblyman KEVIN J. O'TOOLE
District 40 (Bergen, Essex and Passaic)
Assemblyman MICHAEL J. PANTER
District 12 (Mercer and Monmouth)
Assemblywoman LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblymen Bateman, Mayer, Moriarty, Russo, Assemblywoman Lampitt, Assemblyman Gordon, Assemblywoman Beck and Assemblyman Whelan
SYNOPSIS
Establishes the crime of corruption of public resources.
CURRENT VERSION OF TEXT
As reported by the Assembly Judiciary Committee on May 14, 2007, with amendments.
An Act concerning the corruption of public resources and supplementing chapter 27 of 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 person commits the crime of corruption of public resources if, with respect to a public resource which is subject to an obligation to be used for a specified purpose or purposes, the person knowingly uses or makes disposition of that public resource or any portion thereof for an unauthorized purpose.
(1) If the public resource involved is subject to an obligation to be used to perform or facilitate the performance of a governmental function or public service, corruption of public resources constitutes a crime of the first degree if the amount or value of the public resource involved is $500,000 or more; the offense constitutes a crime of the second degree if the amount or value involved is $75,000 or more but is less than $500,000; and the offense constitutes a crime of the third degree if the amount or value involved is less than $75,000.
(2) If the public resource involved is not subject to an obligation to be used for a purpose to perform or facilitate the performance of a governmental function or public service, corruption of public resources constitutes a crime of the second degree if the amount or value of the public resource involved is $500,000 or more; the offense constitutes a crime of the third degree if the amount or value involved is $75,000 or more but is less than $500,000; and the offense constitutes a crime of the fourth degree if the amount or value involved is less than $75,000.
b. Except as otherwise provided in section 97 of P.L.1999, c.440 (C.2C:21-34), a person commits a crime if he makes a 1[false]1 material 1[misrepresentation] representation that is false1 to a government agency, officer or employee (1) with the purpose to obtain or retain a public resource, or (2) with the purpose to mislead or deceive any person as to the use or disposition of a public resource. This offense constitutes a crime of the second degree if the amount or value of the public resource involved is $500,000 or more; the offense constitutes a crime of the third degree if the amount or value involved is $75,000 or more but is less than $500,000; and the offense constitutes a crime of the fourth degree if the amount or value involved is less than $75,000.
c. For purposes of this
section, "public resource" means any funds or property provided by
the government, or a person acting on behalf of the government, which shall include
but is not limited to:
(1) money or the equivalent of money paid by the government directly or
indirectly to or on behalf of a person or his employer; (2) transfer by the
government of an asset of value for less than fair market price; (3) fees, costs,
rents, insurance or bond premiums, loans, interest rates or other obligations
that would normally be required in the execution of the contract, that are
paid, reduced, charged at less than fair market value, waived, or forgiven by
the government; (4) money loaned by the government that is to be repaid on a
contingent basis; (5) money loaned by an entity based upon or in accordance
with a guarantee provided by the government; (6) grants awarded by the
government or an entity acting on behalf of the government; and (7) credits
that are applied by the government against repayment obligations to the
government. For purposes of this section, a purpose is unauthorized if it is
not the specified purpose or purposes for which a public resource is obligated to
be used, and the government agency having supervision of or jurisdiction over
the person or public resource has not given its approval for such use.
d. Each act of corruption of public resources shall constitute an additional, separate and distinct offense, except that the amounts or values of public resources used for an unauthorized purpose in separate acts of corruption of public resources may be aggregated for the purpose of establishing liability pursuant to this section.
e. Proof that a person made a false statement, prepared a false report or if the government agency having supervision of or jurisdiction over the person or public resource required a report to be prepared, failed to prepare a report concerning the conduct that is the subject of the prosecution, shall give rise to an inference that the actor knew that the public resource was used for an unauthorized purpose.
f. Nothing in this act shall preclude an indictment and conviction for any other offense defined by the laws of this State.
g. Nothing in this act shall preclude an assignment judge from dismissing a prosecution under this section if the assignment judge determines, pursuant to N.J.S.2C:2-11, the conduct charged to be a de minimis infraction.
2. This act shall take effect immediately.