SENATE, No. 339
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2006 SESSION
Senator MARTHA W. BARK
District 8 (Burlington)
Senator DIANE B. ALLEN
District 7 (Burlington and Camden)
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
Assemblywoman LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Assemblyman SAMUEL D. THOMPSON
District 13 (Middlesex and Monmouth)
Assemblyman LARRY CHATZIDAKIS
District 8 (Burlington)
Senator Palaia, Assemblymen Vas and Whelan
Upgrades tampering generally; upgrades tampering with prescribed medicine to second degree crime under certain circumstances.
CURRENT VERSION OF TEXT
As amended by the General Assembly on February 22, 2007.
An Act concerning criminal penalties for tampering and amending P.L.1987, c.421.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1987, c.421 (C.2C:40-16) is amended to read as follows:
1. As used in this act:
a. "Cosmetic" means any substance or other device which is used for the treatment of the skin, hair or nails.
b. "Drug" means any over-the-counter or prescribed medicine.
c. "Food product" means anything sold for human consumption, and includes tobacco products.
d. "Tamper" means to adulterate a cosmetic, drug or food product by adding any poisonous, deleterious or noxious substance or diluent which may be injurious or detrimental to a person's health. "Tamper" includes the addition of any substance or diluent or both to a prescribed drug resulting in a reduction or increase of the strength of that drug without so being ordered by the prescriber. Any change in the strength of the prescribed drug must be noted on the medication or prescription label and if not so noted the drug shall be considered to have been tampered with and mislabeled.
(cf: P.L.1987, c.421, s.1)
2. Section 2 of P.L.1987, c.421 (C.2C:40-17) is amended to read as follows:
2. [A] a. Except as provided in subsection b. of this section, a person who 1knowingly1 tampers with a cosmetic, drug or food product is guilty of a crime of the [fourth] third degree, except that nothing herein shall be deemed to preclude a charge for a greater crime under any other provision of Title 2C of the New Jersey Statutes.
b. A health care professional or his agent who is authorized to prescribe, dispense or administer medication who knowingly tampers with medicine prescribed for a person is guilty of a crime of the second degree, except that nothing herein shall be deemed to preclude a charge for a greater crime under any other provision of Title 2C of the New Jersey Statutes.
c. Notwithstanding the
provisions of paragraph (2) of subsection a. of N.J.S.2C:43-6, any sentence
imposed upon a health care professional or his agent pursuant to subsection b.
of this section shall include a term of imprisonment. The court may not
or make any other noncustodial disposition of a person sentenced pursuant to the provisions of this subsection.
(cf: P.L.1987, c.421, s.2)
3. This act shall take effect immediately.