ASSEMBLY, No. 3087
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 8, 2018
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Senator JAMES BEACH
District 6 (Burlington and Camden)
Senator JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
Assemblywoman Timberlake, Assemblymen McKeon, Rooney, Assemblywoman McKnight, Assemblyman Johnson, Assemblywomen Pinkin, Swain, Assemblyman Tully, Assemblywomen Murphy, Lopez, Downey, Jasey, DiMaso, Assemblyman Freiman, Senators Greenstein and Madden
Expands crime of terrorism.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on January 9, 2020, with amendments.
An Act concerning terrorism and amending P.L.2002, c.26.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2002, c.26 (C.2C:38-2) is amended to read as follows:
2. a. A person is guilty of the crime of terrorism if he commits or attempts, conspires or threatens to commit any crime enumerated in subsection c. of this section with the purpose:
(1) to promote an act of terror 1[including, but not limited to, influencing or inciting an act of terror against an individual or group of individuals based on their race, religion, sexual orientation, gender, or creed]1; or
(2) to terrorize five or more persons; or
(3) to influence the policy or affect the conduct of government by terror; or
(4) to cause by an act of terror the impairment or interruption of public communications, public transportation, public or private buildings, common carriers, public utilities or other public services 1; or
(5) to influence or incite an act of terror against an individual or group of individuals based on their 2actual or perceived2 race, religion, 2color, national origin, affectional or2 sexual orientation, 2sex,2 gender 2identity or expression2 , 2[or] disability,2 creed 2, or any other characteristic protected under the Law Against Discrimination, P.L.1945, c.169 (C.10:5-1 et seq.)2 , if the underlying crime is a crime of the first or second degree1.
b. Terrorism is a crime of the first degree.
(1) Notwithstanding any other provision of law to the contrary, any person convicted under this section shall be sentenced to a term of 30 years, during which the person shall not be eligible for parole, or to a specific term of years which shall be between 30 years and life imprisonment, of which the person shall serve not less than 30 years before being eligible for parole.
(2) If a violation of this section results in death, the person shall be sentenced to a term of life imprisonment, during which time the person shall not be eligible for parole.
c. The crimes encompassed by this section are: murder pursuant to N.J.S.2C:11-3; aggravated manslaughter or manslaughter pursuant to N.J.S.2C:11-4; vehicular homicide pursuant to N.J.S.2C:11-5; aggravated assault pursuant to subsection b. of N.J.S.2C:12-1; disarming a law enforcement officer pursuant to section 1 of P.L.1996, c.14 (C.2C:12-11); kidnapping pursuant to N.J.S.2C:13-1; criminal restraint pursuant to N.J.S.2C:13-2; robbery pursuant to N.J.S.2C:15-1; carjacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2); aggravated arson or arson pursuant to N.J.S.2C:17-1; causing or risking widespread injury or damage pursuant to N.J.S.2C:17-2; damage to 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); damage to nuclear plant resulting in death by radiation pursuant to section 2 of P.L.1983, c.480 (C.2C:17-8); damage to nuclear plant resulting in injury by radiation pursuant to section 3 of P.L.1983, c.480 (C.2C:17-9); 1burglary pursuant to N.J.S.2C:18-2;1 producing or possessing chemical weapons, biological agents or nuclear or radiological devices pursuant to section 3 of P.L.2002, c.26 (C.2C:38-3); 1[burglary pursuant to N.J.S.2C:18-2;]1 possession of prohibited weapons and devices pursuant to N.J.S.2C:39-3; possession of weapons for unlawful purposes pursuant to N.J.S.2C:39-4; unlawful possession of weapons pursuant to N.J.S.2C:39-5; weapons training for illegal activities pursuant to section 1 of P.L.1983, c.229 (C.2C:39-14); racketeering pursuant to N.J.S.2C:41-1 et seq.; and any other crime involving a risk of death or serious bodily injury to any person.
d. Definitions. For the purposes of this section:
"Government" means the United States, any state, county, municipality, or other political unit, or any department, agency or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government.
"Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
"Terror" means the menace or fear of death or serious bodily injury.
"Terrorize" means to convey the menace or fear of death or serious bodily injury by words or actions.
e. A prosecution pursuant to this section may be brought by the Attorney General, his assistants and deputies within the Division of Criminal Justice, or by a county prosecutor or a designated assistant prosecutor if the county prosecutor is expressly authorized in writing by the Attorney General to prosecute a violation of this section.
f. Notwithstanding the
provisions of N.J.S.2C:1-8 or any other provision of law, a conviction of
terrorism under this section shall not merge with a conviction of any other
offense, nor shall such other conviction merge with a conviction under this
section, and the court shall impose separate sentences upon each violation of
this section and any other offense.
g. Nothing contained in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for murder under the provisions of N.J.S.2C:11-3 or any other offense.
(cf: P.L.2002, c.26, s.2)
2. This act shall take effect immediately.