ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 162 and 150

 

STATE OF NEW JERSEY

 

DATED: OCTOBER 7, 1996

 

      The Assembly Law and Public Safety Committee favorably reports an Assembly Committee Substitute for Assembly Bill No. 162 and Assembly Bill No. 150.

      The Assembly Committee Substitute for Assembly Bill No. 162 and Assembly Bill No. 150 classifies the distributing, dispensing or possessing of controlled dangerous substances or controlled substance analogs in or within 500 feet of a public housing facility, a public park or a public building as a crime of the second degree. In the case of a violation involving less than one ounce of marijuana, the offense is classified as a crime of the third degree. A crime of the second degree is punishable by a fine not exceeding $100,000, a term of imprisonment between five and 10 years, or both. A crime of the third degree is punishable by a fine not exceeding $7,500, a term of imprisonment between three and five years, or both.

      This substitute also specifies that it is not a defense to a charge of trafficking within the designated zone if the person was unaware that the prohibited conduct took place in or within 500 feet of a public housing facility, a public park or a public building. Furthermore, the substitute provides that a prosecution for trafficking near a public housing facility, public park or public building does not preclude a person from being prosecuted for any other drug-related criminal offense.

      As released, the committee substitute is identical to the Assembly Committee Substitute for Senate Bill No. 60, which was also released by the committee.