STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblyman DeAngelo
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. 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 requires 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 is to forward the name and address of the sex offender to the governing body of the municipality. If the sex offender is required to 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 is to 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 also makes 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.