SENATE, No. 873

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 1, 2010

 


 

Sponsored by:

Senator  CHRISTOPHER J. CONNORS

District 9 (Atlantic, Burlington and Ocean)

 

 

 

 

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

     As introduced.

  


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.    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 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 governing body of the municipality where the person registering intends to reside.

 

     2.    It shall be a disorderly persons offense for a person subject to the registration requirements set forth in P.L.1994, c.133 (C.2C:7-1 et seq.) whose risk of re-offense has been assessed as moderate or high pursuant to section 3 of P.L.1994, c.128 (C.2C:7-8) 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; or

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

 

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


STATEMENT

 

     The purpose of this bill is to expand Megan's Law to require municipal governing bodies to be notified when a sex offender moves into a municipality and to restrict sex offenders from residing in areas frequented by children.

     The bill would require that 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 shall forward the name and address of the sex offender to 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 shall forward the sex offender's name and address to the governing body of the municipality in which the sex offender intends to reside.

     The bill would also make it a disorderly persons offense for a sex offender whose risk of re-offense has been assessed as moderate or high 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 that resides at a prison or mental health facility within 500 feet of an elementary or secondary school, playground or child care center; a sex offender that continues to reside at a residence  established before the bill's enactment which is within 500 feet of an elementary or secondary school, playground or child care center; or a sex offender that has a school, playground or child care center established or built within 500 feet of their existing residence.  A disorderly persons offense is punishable by imprisonment for up to six months, a fine not exceeding $1,000, or both.