ASSEMBLY, No. 1941

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Assemblyman  JON M. BRAMNICK

District 21 (Morris, Somerset and Union)

Assemblyman  ANTHONY M. BUCCO

District 25 (Morris and Somerset)

 

Co-Sponsored by:

Assemblywomen N.Munoz, Schepisi and Handlin

 

 

 

 

SYNOPSIS

     Grants immunity from civil liability to persons reporting information concerning crimes related to terrorism.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act establishing civil immunity for persons who give good faith reports of crimes related to terrorism and supplementing Title 2A of the New Jersey Statutes.

 

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

 

     1.    The purpose of this act is to grant protection against civil liability to members of the public who give good faith reports concerning the commission or suspected commission of crimes related to terrorism or conspiracies to commit these crimes.  It is the intent of this legislation to assure that in the wake of the September 11, 2001 attacks against the United States, members of the public who have knowledge of or information concerning a threat to domestic security are not deterred from bringing that information forward to appropriate law enforcement authorities for further investigation due to fear of civil liability.

 

     2.    Notwithstanding any provision of law to the contrary, a person who reports information to a law enforcement official or law enforcement agency concerning the commission or suspected commission of a crime related to terrorism, including but not limited to, the crime of terrorism as set forth in section 2 of P.L.2002, c.26 (C.2C:38-2), the crime of producing or possessing chemical weapons, biological agents or nuclear or radiological devices as set forth in section 3 of P.L.2002, c.26 (C.2C:38-3), the crime of hindering apprehension or prosecution for terrorism as set forth in  section 4 of P.L.2002, c.26 (C.2C:38-4), the crime of soliciting or providing material support or resources for terrorism as set forth in section 5 of P.L.2002, c.26 (C.2C:38-5), the crime of making terroristic threats as set forth in N.J.S.2C:12-3, the crime of causing or risking widespread injury or damage as set forth in N.J.S.2C:17-2, the crime of causing damage to a nuclear plant with the purpose to cause or threat to cause release of radiation pursuant to section 1 of P.L.1983, c.480 (C.2C:17-7), or a conspiracy or suspected conspiracy to commit any crime related to terrorism shall have immunity from any civil liability on account of the report, unless the person has acted in bad faith or with malicious purpose.

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

      This bill provides that a person who reports information to a law enforcement official or law enforcement agency concerning the commission or suspected commission of a crime related to terrorism, or a conspiracy to commit any crime related to terrorism, shall have immunity from any civil liability on account of the report, unless the person has acted in bad faith or with malicious purpose.

     Under the bill, crimes related to terrorism include, but are not limited to, terrorism, section 2 of P.L.2002, c.26 (C.2C:38-2); producing or possessing chemical weapons, biological agents or nuclear or radiological devices, section 3 of P.L.2002, c.26 (C.2C:38-3); hindering apprehension or prosecution for terrorism, section 4 of P.L.2002, c.26 (C.2C:38-4); soliciting or providing material support or resources for terrorism, section 5 of P.L.2002, c.26 (C.2C:38-5); terroristic threats, N.J.S.2C:12-3; causing or risking widespread injury or damage, N.J.S.2C:17-2; and causing damage to a nuclear plant with the purpose to cause or threat to cause release of radiation, section 1 of P.L.1983, c.480 (C.2C:17-7).