ASSEMBLY, No. 441

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ROMA

An Act concerning the distribution of controlled dangerous substances within 100 feet of a playground and amending P.L.1987, c.101.

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

    1. Section 1 of P.L.1987, c.101 (C.2C:35-7) is amended to read as follows:

    1. a. Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property or a school bus, or while on any school bus, is guilty of a crime of the third degree and shall, except as provided in N.J.S.2C:35-12, be sentenced by the court to a term of imprisonment. Where the violation involves less than one ounce of marijuana, the term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or one year, whichever is greater, during which the defendant shall be ineligible for parole. In all other cases, the term of imprisonment shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, or three years, whichever is greater, during which the defendant shall be ineligible for parole. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $100,000.00 may also be imposed upon any conviction for a violation of this section.

    b. Any person who violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or controlled substance analog while on any State, municipal or county playground or place of public resort and recreation between the hours of 7 a.m. and 11 p.m., or within 100 feet of such playground or place of public resort and recreation between the hours of 7 a.m. and 11 p.m., is guilty of a crime of the second degree and shall, except as provided in N.J.S.2C:35-12, be sentenced by the court to a term of imprisonment of two years, during which the defendant shall be ineligible for parole. The State, municipality or county shall post a sign on the playground or place of public resort and recreation which states: "Drug Free Recreation Zone: Any person guilty of distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or substance analog on or within 100 feet of these premises between the hours of 7 a.m. and 11 p.m. is guilty of a crime of the second degree and shall serve a mandatory prison term of 2 years under New Jersey law."

    c. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for a violation of subsection a. of N.J.S.2C:35-5 (manufacturing, distributing or dispensing) or N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme).

    d. It shall be no defense to a prosecution for a violation of this section that the actor was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while on or within 100 feet of any State, municipal or county playground or place of public resort and recreation. Nor shall it be a defense to a prosecution under this section, or under any other provision of this title, that no juveniles were present on the school property at the time of the offense [or], that the school was not in session, or that no juveniles were present on the playground or place of public resort and recreation.

    e. It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person 17 years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve distributing, dispensing or possessing with the intent to distribute or dispense any controlled dangerous substance or controlled substance analog for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence. Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.

    f. In a prosecution under this section, a map produced or reproduced by any municipal or county engineer for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or the location and boundaries of the area on or within 100 feet of any State, municipal or county playground or place of public resort and recreation, or a true copy of such a map, shall, upon proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the governing body of the municipality or county has adopted a resolution or ordinance approving the map as official finding and record of the location and boundaries of the area or areas on or within 1,000 feet of the school property. Any map approved pursuant to this section may be changed from time to time by the governing body of the municipality or county. The original of every map approved or revised pursuant to this section, or a true copy thereof, shall be filed with the clerk of the [municipality or] county, and shall be maintained as an official record of the [municipality or] county. Nothing in this section shall be construed to preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense; nor shall this section be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the governing body of a municipality or county, provided that the map or diagram is otherwise admissible pursuant to the Rules of Evidence.

(cf: P.L.1988, c.44, s.3)

    2. This act shall take effect immediately.

STATEMENT

    Currently, under the provisions of N.J.S.2C:35-7, a person who distributes, dispenses or possesses with intent to distribute controlled dangerous substances on or within 1,000 feet of any school property is subject to enhanced penalties.

    However, State, municipal and county playgrounds are not covered by this statute, and the sponsor believes that these playgrounds may often be centers of substantial drug activity. This bill provides that a person who distributes, dispenses or possesses with intent to distribute any controlled dangerous substance on or within 100 feet of a State, municipal or county playground or place of public resort and recreation between the hours of 7 a.m. and 11 p.m., or within 100 feet of such playground or place of public resort and recreation between these hours, is guilty of a crime of the second degree and shall be sentenced by the court to a mandatory minimum term of imprisonment for two years, during which the defendant shall be ineligible for parole.

    The bill requires the State, municipality or county to post a sign on a playground or place of public resort and recreation which states: "Drug Free Recreation Zone: Any person guilty of distributing, dispensing or possessing with intent to distribute a controlled dangerous substance or substance analog on or within 100 feet of these premises between the hours of 7 a.m. and 11 p.m. is guilty of a crime of the second degree and shall serve a mandatory prison term of 2 years under New Jersey law."

Provides mandatory minimum term of 2 years imprisonment for distribution of controlled dangerous substances within 100 feet of a playground or recreation area.