SENATE, No. 304

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Senator  DIANE B. ALLEN

District 7 (Burlington and Camden)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Senator Baroni

 

 

 

 

SYNOPSIS

     Provides that records of convictions for carjacking, promoting prostitution of a child and certain child endangerment crimes shall not be expunged.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning certain expungements and amending N.J.S.2C:52-2.

 

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

 

      1.   N.J.S.2C:52-2 is amended to read as follows:

      2C:52-2.  Indictable Offenses.

      a.   In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in [section] N.J.S 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.

      Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.

      b.   Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.

      Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: [Section] N.J.S.2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in [section] N.J.S. 2C:11-5; [section] N.J.S.2C:13-1 (Kidnapping); [section 2C:13-6] section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or Enticing); [section] N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); [section] N.J.S.2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, [section] N.J.S.2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender

is not the parent of the victim, [section] N.J.S.2C:13-2 (Criminal Restraint) or [section] N.J.S.2C:13-3 (False Imprisonment); [section] N.J.S.2C:15-1 (Robbery); section 1 of P.L.1993, c.221 (C.2C:15-2) (Carjacking); [section] N.J.S.2C:17-1 (Arson and Related Offenses); [section] N.J.S. 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); [section 2C:24-4b(4)] N.J.S.2C:24-4b(4) (Endangering the welfare of a child); N.J.S.2C:24-4b(3) (Causing or permitting a child to engage in a prohibited sexual act); N.J.S.2C:24-4b(5)(a) (Selling or manufacturing child pornography);  [section] N.J.S. 2C:28-1 (Perjury); [section] N.J.S.2C:28-2 (False Swearing); N.J.S.2C:34-1b(3) or N.J.S.2C:34-1b(4) (Knowingly promoting prostitution of a child) and conspiracies or attempts to commit such crimes.

      Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.

      c.   In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes relate to:      (1)        Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less, or

      (2)  Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less.

      d.   In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto.

(cf:  P.L.1994, c.133, s.6)

 

      2.   This act shall take effect immediately.

 

 

STATEMENT

 

      Under current law, criminal records may be expunged after 10 years if the defendant has not been convicted of any subsequent crime.  However, the records of certain serious offenses, such as criminal homicide, kidnapping and aggravated sexual assault, are not subject to expungement.  This bill would add the crime of carjacking to the list of crimes which may not be expunged. Carjacking is a crime of the first degree, subject to a term of imprisonment of up to 10 to 30 years with a mandatory minimum term of five years during which the defendant is not eligible for parole.

      The bill would add sexual assault as one of the enumerated crimes for which expungement is prohibited. Currently, the statute cites to N.J.S.2C:14-2 and provides only that convictions for  "aggravated sexual assault" may not be expunged.

      The bill would expand the list of those crimes for which expungement is prohibited to include some of the recent amendments to "Megan's Law."  Specifically, the bill would add: (1) N.J.S.2C:34-1b(3) or (4), knowingly promoting prostitution of a child; (2) N.J.S.2C:24-4b(3), causing or permitting a child to engage in a prohibited sexual act; and (3) N.J.S.2C:24-4b(5)(a), selling or manufacturing child pornography.