ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 154

STATE OF NEW JERSEY

DATED: MARCH 11, 1996

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 154.

      This bill would upgrade the offense of simple assault under certain circumstances.

      Currently, simple assault is generally a disorderly persons offense, punishable by a term of imprisonment of up to six months or a fine of up to $1,000 or both.

      Under the bill, a person who commits a simple assault against a commercial vendor or merchant who is clearly identifiable as being engaged in the performance of his employment as a vendor or merchant or because of his status as a vendor or merchant, or against a patron of a vendor or merchant or a patron of an automated teller machine would be guilty of fourth degree aggravated assault. If the victim suffers serious bodily injury, the defendant would be guilty of a crime of the second degree, with a mandatory minimum term of imprisonment of three years. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months or a fine of up to $7,500 or both; a crime of the second degree is punishable by a term of imprisonment of five to ten years or a fine of up to $100,000 or both.

      If the victim suffers bodily injury current provisions make assault generally under subsection b. (5) a crime of the third degree. A crime of the third degree is punishable by a term of imprisonment of three to five years or a fine of up to $7,500 or both.

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.