[Second Reprint]

ASSEMBLY, No. 2951

STATE OF NEW JERSEY

213th LEGISLATURE

INTRODUCED JUNE 12, 2008

Sponsored by:

Assemblyman PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblywoman SANDRA LOVE

District 4 (Camden and Gloucester)

Co-Sponsored by:

Assemblymen Milam, Albano and Assemblywoman Riley

SYNOPSIS

     Creates crime of exposure to toxic pollutants.

CURRENT VERSION OF TEXT

     As reported by the Assembly Judiciary Committee on December 3, 2009, with amendments.

An Act concerning toxic pollutants ², amending N.J.S.2C:1-6² 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.    ²(New section)² A person who, purposely or knowingly, unlawfully causes one or more people to be exposed, through inhalation, ingestion or absorption, to any toxic pollutant ²without taking reasonable measures to prevent the unlawful exposure² commits a crime of the second degree.  A person who ¹[recklessly violates the provisions of this section is guilty of] , recklessly, unlawfully causes one or more people to be exposed, through inhalation, ingestion or absorption, to any toxic pollutant ²without taking reasonable measures to prevent the unlawful exposure² commits¹ a crime of the third degree.

     As used in this section, “toxic pollutant” means any substance, whether discharged or released into water, air, or soil, included in the definition of “toxic pollutant” in subsection r. of section 3 of P.L.1977, c.74 (C.58:10A-3) and either Appendix A of N.J.A.C.7:14A-4 or 40 C.F.R. s. 401.15 ²; and “unlawfully” means a concentration or level of a toxic pollutant that exceeds a specific maximum allowable standard set forth in State or federal law or regulations which is applicable to that substance².

¹Notwithstanding the above, a violation of this section shall be deemed a de minimis infraction subject to dismissal pursuant to N.J.S.2C:2-11 if the person demonstrates that the conduct involved no more than a minimal amount of toxic pollutant such that there was no reasonable medical possibility of harm to any person exposed to the pollutant.¹

²2.   N.J.S.2C:1-6 is amended to read as follows:

     2C:1-6.  Time Limitations.  a. (1) A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time.

     (2)   A prosecution for any offense set forth in section 1 of P.L.    , c.   (C.      ) (pending before the Legislature as this bill),  N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9), section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212 (C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977, c.74 (C.58:10A-10) may be commenced at any time.

     b.    Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitations:

     (1)   A prosecution for a crime must be commenced within five years after it is committed;

     (2)   A prosecution for a disorderly persons offense or petty disorderly persons offense must be commenced within one year after it is committed;

     (3)   A prosecution for any offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6, N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or conspiracy to commit such an offense, must be commenced within seven years after the commission of the offense;

     (4)   A prosecution for an offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the time of the offense is below the age of 18 years, must be commenced within five years of the victim's attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later;

     (5)   (Deleted by amendment, P.L.2007, c.131).

     c.     An offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated.  Time starts to run on the day after the offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis, time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.

     d.    A prosecution is commenced for a crime when an indictment is found and for a nonindictable offense when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay. Nothing contained in this section, however, shall be deemed to prohibit the downgrading of an offense at any time if the prosecution of the greater offense was commenced within the statute of limitations applicable to the greater offense.

     e.     The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this State.

     f.     The limitations in this section shall not apply to any person fleeing from justice.

     g.     Except as otherwise provided in this code, no civil action shall be brought pursuant to this code more than five years after such action accrues.²

(cf: P.L. 2007, c.131, s.1)

²[2.] 3.²  This act shall take effect on the first day of the third month following enactment.