A2041

An Act concerning endangering certain persons and amending P.L.2015, c.186.

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

1. Section 1 of P.L.2015, c.186 (C.2C:24-7.1) is amended to read as follows:

1. a. (1) A person commits a disorderly persons offense if he recklessly engages in conduct which creates a substantial risk of bodily injury to another person.

(2) A person commits a crime of the fourth degree if he knowingly engages in conduct which creates a substantial risk of serious bodily injury to another person.

(3) A person commits a crime of the third degree if he knowingly engages in conduct which creates a substantial risk of death to another person.

b. (1) A person commits a crime of the fourth degree if he recklessly engages in conduct which creates a substantial risk of bodily injury to a person with a [developmental] disability or an elderly person.

(2) A person commits a crime of the third degree if he knowingly engages in conduct which creates a substantial risk of serious bodily injury to a person with a [developmental] disability or an elderly person.

(3) A person commits a crime of the second degree if he knowingly engages in conduct which creates a substantial risk of death to a person with a [developmental] disability or an elderly person.

c. As used in this act[, "developmental disability"]:

“disability” has the meaning ascribed to it in subsection q. of section [3 of P.L.1977, c.82 (C.30:6D-3)] 5 of P.L.1945, c.169 (C.10:5-5); and

“elderly person” means a person who is 60 years of age or older.

d. Nothing in this act shall preclude an indictment and conviction for any other offense defined by the laws of this State.

(cf: P.L.2015, c.186, s.1)

2. This act shall take effect on the 90^th day following enactment.

STATEMENT

This bill would upgrade the crime of endangering a person with a disability or a person who is elderly.

Currently, section 1 of P.L.2015, c.186 (C.2C:24-7.1) sets out a graduated scheme of penalties for the crime of endangering another person. The crime is upgraded one degree if the victim has a developmental disability.

This bill broadens the categories of victims for which the crime is upgraded, adding persons with disabilities that are not based upon developmental disabilities and persons who are elderly. Thus, under the bill, the crime of endangering another person would be upgraded one degree if the victim has a “disability” or is elderly. The term “disability” as used in the bill specifically encompasses the developmental disabilities in the current statute as well as other disabilities.

The bill uses the definition of “disability” set out in the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.): “physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or physical reliance on a service or guide dog, wheelchair, or other remedial appliance or device, or any mental, psychological or developmental disability, including autism spectrum disorders, resulting from anatomical, psychological, physiological or neurological conditions which prevents the normal exercise of any bodily or mental functions or is demonstrable, medically or psychologically, by accepted clinical or laboratory diagnostic techniques. Disability shall also mean AIDS or HIV infection.”

The bill defines “elderly person” as a person who is 60 years of age or older.

Under the bill, it would be a crime of the fourth degree to recklessly engage in conduct which creates a substantial risk of bodily injury to a person with a disability or an elderly person; a crime of the third degree to knowingly engage in conduct which creates a substantial risk of serious bodily injury to a person with a disability or an elderly person; and a crime of the second degree to knowingly engage in conduct which creates a substantial risk of death to a person with a disability or an elderly person.

A crime of the second degree is punishable by a term of imprisonment of five to 10 years or a fine up to $150,000, or both; a crime of the third degree, by a term of imprisonment of three to five years or a fine up to $15,000, or both; and a crime of the fourth degree, by a term of imprisonment of up to 18 months or a fine up to $10,000, or both.