ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 340

with committee amendments

STATE OF NEW JERSEY

DATED: MAY 1, 1996

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 340.

      The bill provides that any person in the business of rendering services for a fee, including the completion of forms and applications, to another person in furtherance of that person's desire to determine or modify his status in an immigration or naturalization matter who is not licensed as an attorney is guilty of a crime of the fourth degree if he engages in this State in the practice of law; holds himself out to the public as engaging in or entitled to engage in the practice of law, or as rendering legal service or advice in any immigration or naturalization matter; or uses or advertises the title of lawyer or attorney at law. The committee amendments provide that the bill shall supplement the criminal code, eliminate the short title of the bill and delete "corporations" from the definition of "immigration consultant" since "person" as used in the criminal code includes corporations.

      In addition, the bill provides that any person who knowingly retains possession of another person's immigration-related document for more than a reasonable time after the person who owns the document has submitted a written request for the document's return is guilty of a crime of the fourth degree.

      The bill provides that this legislation shall not be construed to prohibit persons accredited by federal law to act as immigration representatives from providing immigration services.

      As amended, this bill is identical to Senate Bill No. 623 (1R).

      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.