A1731

Sponsored by:

Assemblyman ERIC MUNOZ

District 21 (Essex, Morris, Somerset and Union)

Assemblyman JOSEPH VAS

District 19 (Middlesex)

Assemblyman ALBERT COUTINHO

District 29 (Essex and Union)

Co-Sponsored by:

Assemblywoman Angelini

SYNOPSIS

Bars sex offenders from positions in youth serving organizations.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

An Act concerning prohibitions on the acts of certain sex offenders, supplementing chapter 7 of Title 2C of the New Jersey Statutes, and amending P.L.1999, c.432.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Sex offender" means a person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sex offense as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2).

"Youth serving organization" means a sports team, league, athletic association or any other corporation, association or organization, excluding public and nonpublic schools, which provides recreational, educational, cultural, social, charitable or other activities or services to persons under 18 years of age.

2. a. It shall be unlawful for a sex offender to hold a position or otherwise participate, in a paid or unpaid capacity, in a youth serving organization.

b. A person who violates subsection a. of this section is guilty of a crime of the third degree.

c. A person who knowingly hires, engages or appoints a sex offender to serve in a youth serving organization in violation of this act is guilty of a crime of the fourth degree.

d. The provisions of this act shall not apply to participation by a sex offender under 18 years of age in a youth serving organization which provides rehabilitative or other services to juvenile sex offenders.

3. Section 3 of P.L.1999, c.432 (C.15A:3A-3) is amended to read as follows:

3. [A] Except as provided in P.L. , c. (C. ) (pending before the Legislature as this bill), a person may be disqualified from serving as an employee or volunteer of a nonprofit youth serving organization if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:

a. In New Jersey, any crime or disorderly persons offense:

(1) involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.;

(2) against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq.;

(3) involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes;

(4) involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of N.J.S.2C:35-10.

b. In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in subsection a. of this section.

(cf: P.L.1999, c.432, s.3)

4. This act shall take effect immediately.

STATEMENT

This bill is intended to protect the children and youth of this State by prohibiting sex-offenders from holding positions in youth serving organizations.

This bill defines a "youth serving organization" as a sports team, league, athletic association or any other corporation, association or organization, excluding public and nonpublic schools, which provides recreational, educational, cultural, social, charitable or other activities or services to persons under 18 years of age. The bill does not apply to employees and volunteers of public and nonpublic schools, as criminal background checks and employment restrictions of these persons are governed under separate law. (N.J.S.18A:6-4.13 et seq., N.J.S.18A:6-7.1 et seq.)

"Sex offender" is defined as a person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for committing a broad range of sexual offenses as defined in the sex offender registration (Megan's) law.

Under the bill, it would be unlawful for a sex offender to hold a position or otherwise serve, in a paid or unpaid capacity, in a youth serving organization. A violator would be guilty of a crime of the third degree, which carries a penalty of three to five years imprisonment, a fine of up to $15,000, or both.

A person who knowingly hires, engages or appoints a sex offender to serve in a youth serving organization in violation of this act would be guilty of a crime of the fourth degree. The penalty for a crime of the fourth degree is imprisonment for up to 18 months, a fine of up to $10,000, or both. Current State law allows nonprofit youth serving organizations to request criminal history record background checks for their employees and volunteers.

The bill excludes from its provisions participation by sex offenders who are under 18 years of age in youth serving organizations which provide rehabilitative or other services to juvenile sex offenders.

The bill also removes sex offenders who are subject to its provisions, which are mandatory, from the provisions of the statute which provides for background checks for nonprofit youth-serving organizations at the option of that organization.