[First Reprint]

ASSEMBLY, No. 4375

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED MAY 7, 2015

 


 

Sponsored by:

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblyman  BOB ANDRZEJCZAK

District 1 (Atlantic, Cape May and Cumberland)

Assemblyman  VINCENT MAZZEO

District 2 (Atlantic)

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblyman  JACK M. CIATTARELLI

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblyman  BENJIE E. WIMBERLY

District 35 (Bergen and Passaic)

Senator  JEFF VAN DREW

District 1 (Atlantic, Cape May and Cumberland)

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

 

Co-Sponsored by:

Assemblywomen Muoio, Pinkin, Handlin, Assemblymen O'Scanlon, Gusciora and Senator Pou

 

 

SYNOPSIS

     Upgrades crime of false public alarm under certain circumstances and establishes reporting requirements concerning crime.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Homeland Security and State Preparedness Committee on May 11, 2015, with amendments.

  


An Act concerning false public alarms and amending N.J.S.2C:33-3.

 

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

 

     1.    N.J.S.2C:33-3 is amended to read as follows:

     2C:33-3.  False Public Alarms.  a. (1) (a) Except as otherwise provided in [subsection b. or c. of] this section, a person is guilty of a crime of the third degree if he initiates or circulates a report or warning of an impending fire, explosion, [bombing,] crime, catastrophe 1[or] ,1 emergency 1, or any other incident1 knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm.

     (b)   A person is guilty of a crime of the second degree if the false alarm involves a report or warning of an impending bombing, hostage situation, 1[or]1 person armed with a deadly weapon as defined by subsection c. of N.J.S.2C:11-1 1, or any other incident that elicits an immediate or heightened response by law enforcement or emergency services1.

     (c)   A person is guilty of a crime of the second degree if the false alarm involves a report or warning about any critical infrastructure located in this State.  For purposes of this subparagraph, “critical infrastructure” means any building, place of assembly, or facility that is indispensably necessary for national security, economic stability, or public safety.

     (2)   A person is guilty of a crime of the third degree if he knowingly causes [such] the false alarm to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property.

     b.    A person is guilty of a crime of the second degree if in addition to the report or warning initiated, circulated or transmitted under subsection a. of this section, he places or causes to be placed any false or facsimile bomb in a building, place of assembly, or facility of public transport or in a place likely to cause public inconvenience or alarm. A violation of this subsection is a crime of the first degree if it occurs during a declared period of national, State or county emergency.

     c.    A person is guilty of a crime of the second degree if a violation of subsection a. of this section in fact results in serious bodily injury to another person or occurs during a declared period of national, State or county emergency.  A person is guilty of a crime of the first degree if a violation of subsection a. of this
section in fact results in death.

     d.    For the purposes of this section, "in fact" means that strict liability is imposed. It shall not be a defense that the death or serious bodily injury was not a foreseeable consequence of the person's acts or that the death or serious bodily injury was caused by the actions of another person or by circumstances beyond the control of the actor.  The actor shall be strictly liable upon proof that the crime occurred during a declared period of national, State or county emergency.  It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

     e.    A person is guilty of a crime of the fourth degree if the person knowingly places a call to a 9-1-1 emergency telephone system without purpose of reporting the need for 9-1-1 service.

     All local and county law enforcement authorities shall submit an annual report, on a form prescribed by the Attorney General, to the Uniform Crime Reporting Unit, within the Division of State Police in the Department of Law and Public Safety, or to another designated recipient determined by the Attorney General, containing the number and nature of offenses under this section committed within their respective jurisdictions and the disposition of these offenses.  Every two years, the Uniform Crime Reporting Unit or other designated recipient of the annual reports shall forward a summary of all reports received during the preceding two-year period, along with a summary of offenses investigated by the Division of State Police for the same period, to the State’s Office of Emergency Management.

(cf: P.L.2002, c.26, s.16)

 

     2.    This act shall take effect on the first day of the fourth month next following enactment, except that the Attorney General may take any anticipatory administrative action in advance of the effective date as shall be necessary to implement the provisions of this act.