ASSEMBLY, No. 290

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman  BRIAN E. RUMPF

District 9 (Atlantic, Burlington and Ocean)

Assemblywoman  DIANNE C. GOVE

District 9 (Atlantic, Burlington and Ocean)

 

Co-Sponsored by:

Assemblywoman Vainieri Huttle, Assemblyman Giblin, Assemblywoman Voss, Assemblyman Biondi and Assemblywoman N.Munoz

 

 

 

 

SYNOPSIS

     Requires local government notification of sex offender registration and prohibits sex offenders from living near schools, child care centers or playgrounds.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning sex offenders and supplementing P.L.1994, c.133 (C.2C:7-1 et seq.).

 

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

 

     1.    The Legislature finds and declares that public safety will be enhanced by preventing sex offenders, who have committed crimes against minors, from residing within 500 feet of certain areas where children congregate.  It is not the intent of the Legislature to further penalize certain sex offenders.

 

     2.    When a person who is listed on the Internet registry maintained by the Superintendent of the State Police pursuant to section 2 of P.L.2001, c.167 (C.2C:7-13) registers with the chief law enforcement officer of a municipality, the chief law enforcement officer shall forward the name and address of the person registering to the members of the governing body of the municipality.  If a person is listed on the Internet registry maintained by the Superintendent of the State Police pursuant to section 2 of P.L.2001, c.167 (C.2C:7-13) and required to register with the Superintendent of State Police pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2) because the person is moving to a municipality that does not have a police force, then the Superintendent of State Police shall forward the name and address of the person registering to the members of the governing body of the municipality where the person registering intends to reside.

 

     3.    It shall be unlawful for a person subject to the registration requirements set forth in P.L.1994, c.133 (C.2C:7-1 et seq.) who has committed a sex offense as defined in section 2 of P.L.1994, c.133 (C.2C:7-2) and whose victim was under the age of 18 to reside within 500 feet of the real property comprising an elementary or secondary school, child care center as defined in section 3 of P.L.1983, c.492  (C.30:5B-3) or playground as defined in section 1 of P.L.1999, c.50 (C.52:27D-123.9) unless:

     a.  The person is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution or facility which is located within 500 feet of the real property comprising an elementary or secondary school, child care center or playground;

     b.  The person is receiving treatment at a mental health facility located within 500 feet of the real property comprising an elementary or secondary school, child care center or playground;

     c  The person established the residence prior to the effective date of this act;

     d.  An elementary or secondary school, child care center or playground is built or established within 500 feet of the person's existing residence;

     e.  The parole board, after considering an individual's housing options, determines that a needs based exception is required; or 

     f.  A court that discharges the person from a psychiatric facility with conditions pursuant to section 15 of P.L.1987, c.116 (C.30:4-27.15) determines that an exemption is appropriate.

 

     4.    This act shall take effect on the first day of the sixth month following enactment.

 

 

STATEMENT

 

     This bill expands Megan's Law to require that members of municipal governing bodies be notified when a sex offender moves into a municipality and restricts sex offenders from residing in areas frequented by children.

     Under the provisions of the bill, when a sex offender listed on the Internet registry maintained by the Superintendent of the State Police registers with the chief law enforcement officer of a municipality, the officer must forward the name and address of the sex offender to the members of the governing body of the municipality.  If the sex offender must register with the Superintendent of State Police because he is moving to a municipality that does not have a police force, then the Superintendent of State Police must forward the sex offender's name and address to the members of the governing body of the municipality in which the sex offender intends to reside.

     Under the provisions of the bill, it is unlawful for a person who is subject to the Megan's Law registration requirements for a sex offense against an individual under the age of 18 to reside within 500 feet of an elementary or secondary school, playground or child care center.  The residential ban would not cover a sex offender who: resides at a prison or mental health facility; resides at a residence established before the bill's enactment; has a school, playground or child care center established or built within 500 feet of their existing residence; was granted a needs based exception by the parole board; or was discharged from a psychiatric facility by a court and was granted an exemption by a court.