[Second Reprint]

ASSEMBLY, No. 2027

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblyman  JERRY GREEN

District 22 (Middlesex, Somerset and Union)

Assemblywoman  MARY PAT ANGELINI

District 11 (Monmouth)

Assemblywoman  ALISON LITTELL MCHOSE

District 24 (Morris, Sussex and Warren)

 

Co-Sponsored by:

Assemblymen Caputo, Milam, S.Kean, Rumana, Bramnick, Assemblywoman Tucker, Assemblymen Schroeder, Fuentes, Wolfe, McGuckin, Clifton, Peterson, Assemblywoman Casagrande, Assemblyman Johnson, Assemblywoman Simon, Assemblymen Giblin, Egan, Assemblywoman Schepisi, Assemblymen Diegnan, Rible, Amodeo, C.A.Brown, Rumpf, Assemblywoman Gove, Assemblyman Chiusano, Assemblywoman Vainieri Huttle, Assemblymen A.M.Bucco, Prieto, Ciattarelli, O'Scanlon, Assemblywoman Handlin, Assemblyman Coutinho, Assemblywoman Spencer, Assemblyman Russo, Assemblywomen B.DeCroce, Caride, Assemblymen Webber, DiMaio, Assemblywoman Mosquera, Assemblymen C.J.Brown and Rudder

 

 

 

SYNOPSIS

     Enacts the “Jessica Lunsford Act;” imposes mandatory term of imprisonment; provides for negotiated reduction of mandatory term under certain circumstances.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on December 17, 2012.

  


An Act concerning certain sexual assaults 1[and] ,1 designated the “Jessica Lunsford Act,” 1and1 amending N.J.S.2C:14-2 1[and N.J.S.2C:29-3]1.

 

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

 

     1.    N.J.S.2C:14-2 is amended to read as follows:

     2C:14-2.  Sexual assault.  a.  An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

     (1)   The victim is less than 13 years old;

     (2)   The victim is at least 13 but less than 16 years old; and

     (a)   The actor is related to the victim by blood or affinity to the third degree, or

     (b)   The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or

     (c)   The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

     (3)   The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;

     (4)   The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;

     (5)   The actor is aided or abetted by one or more other persons and the  actor uses physical force or coercion;

     (6)   The actor uses physical force or coercion and severe personal injury is sustained by the victim;

     (7)   The victim is one whom the actor knew or should have known was physically helpless, 1[mentally defective or]1 mentally incapacitated 1, or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent1.

     Aggravated sexual assault is a crime of the first degree.

     1[Notwithstanding the provisions of any other law, a] 2[A1 ] Except as otherwise provided in subsection d. of this section, a2  person convicted under paragraph (1) of this subsection shall be
sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person
1[must] shall1 serve 25 years before being eligible for parole 1, unless a longer term of parole ineligibility is otherwise provided pursuant to this Title1.

     b.    An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

     c.     An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

     (1)   The actor uses physical force or coercion, but the victim does not sustain severe personal injury;

     (2)   The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;

     (3)   The victim is at least 16 but less than 18 years old and:

     (a)   The actor is related to the victim by blood or affinity to the third degree; or

     (b)   The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or

     (c)   The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

     (4)   The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

     Sexual assault is a crime of the second degree.

     2d.  Notwithstanding the provisions of subsection a. of this section, where a defendant is charged with a violation under paragraph (1) of subsection a. of this section the prosecutor, in consideration of the interests of the victim, may offer a negotiated plea agreement in which the defendant would be sentenced to a specific term of imprisonment of not less than 15 years, during which the defendant shall not be eligible for parole.   In such event, the court may accept the negotiated plea agreement and upon such conviction shall impose the term of imprisonment and period of parole ineligibility as provided for in the plea agreement, and may not impose a lesser term of imprisonment or parole or a lesser period of parole ineligibility than that expressly provided in the plea agreement. The Attorney General shall develop guidelines to ensure the uniform exercise of discretion in making determinations regarding a negotiated reduction in the term of imprisonment and period of parole ineligibility set forth  in subsection a. of this section.2

(cf: P.L.2011, c.232, s.4)

 

     1[2. N.J.S.2C:29-3 is amended to read as follows:

     2C:29-3.  Hindering Apprehension or Prosecution. a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:

     (1)   Harbors or conceals the other;

     (2)   Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;

     (3)   Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

     (4)   Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;

     (5)   Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

     (6)   Aids such person to protect or expeditiously profit from an advantage derived from such crime; or

     (7)   Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

     (a) An offense under paragraph (5) of subsection a. of this section is a crime of the second degree, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child to the person aided [who] and is the victim of the offense, in which case the offense is a crime of the fourth degree.  Otherwise, the offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child of the person aided, in which case the offense is a crime of the fourth degree.  The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

     (b)   Notwithstanding the provisions of subparagraph (a) of this paragraph, any actor who harbors or conceals a person who is subject to the registration requirements of section 2 of P.L.1994, c.133 (C.2C:7-2) and who the actor knows is not complying or has not complied with the provisions of section 2 of  P.L.1994, c.133 shall be sentenced to a minimum term of imprisonment without eligibility for parole. If the offense is a crime of the third degree then the period of parole ineligibility shall be three years; if the offense is a crime of the fourth degree then the period of parole ineligibility shall be one year.

     b.    A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:

     (1)   Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

     (2)   Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or

     (3)   Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

     (4)   Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

     An offense under paragraph (3) of subsection b. of this section is a crime of the second degree.  Otherwise, the offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater.  The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree.  Otherwise it is a disorderly persons offense.

(cf: P.L.2008, c.81, s.2)]1

 

     1[3.] 2.1     This act shall take effect immediately.