ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 383

 

STATE OF NEW JERSEY

 

DATED: MAY 13, 1996

 

      The Assembly Law and Public Safety Committee reports favorably Assembly Bill No. 383.

      Assembly Bill 383 amends N.J.S.2C:12-1 to upgrade simple assaults committed against domestic violence victims to aggravated assaults.

      The provisions of the bill provide that whenever a person protected by a restraining order issued under either the"Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) or P.L.1981, c.426 (C.2C:25-1 et seq.) is assaulted by the subject of that order, the assault is automatically deemed an aggravated assault.

      If the victim suffers bodily injury, or is known or believed to be pregnant, the assault is a crime of the third degree. Otherwise, the assault is a crime of the fourth degree.

      A crime of the third degree is punishable by a fine of up to $7,500, imprisonment for a term of between three and five years, or both. "Bodily injury" is defined in N.J.S.2C:11-1 as "physical pain, illness or any impairment of physical condition."

      A crime of the fourth degree is punishable by a fine of up to $7,500, imprisonment for a term of not more than 18 months, or both.

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