ASSEMBLY, No. 462

STATE OF NEW JERSEY

INTRODUCED MAY 6, 1996

By Assemblymen DeSOPO, ROCCO, Zecker, Roma, Assemblywoman J. Smith, Assemblymen O'Toole, DiGaetano, Weingarten, Azzolina, T. Smith, Lance, Geist, Assemblywomen Crecco, Heck, Assemblymen Malone, Cottrell, Blee, LeFevre and Kelly

An Act concerning fingerprinting and photographing of certain persons and amending R.S.53:1-15.

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

    1. R.S. 53:1-15 is amended to read as follows:

    53:1-15. The sheriffs, chiefs of police, members of the State Police and any other law enforcement agencies and officers shall, immediately upon the arrest of any person for an indictable offense, or of any person believed to be wanted for an indictable offense, or believed to be an habitual criminal, or within a reasonable time after the filing of a complaint by a law enforcement officer charging any person with an indictable offense, or upon the arrest of any person for shoplifting, pursuant to N.J.S.2C:20-11, or upon the arrest of any person for simple assault pursuant to subsection a. of N.J.S.2C:12-1, or the conviction of any other person charged with a nonindictable offense, where the identity of the person charged is in question, take the fingerprints of such person, according to the fingerprint system of identification established by the Superintendent of State Police and on the forms prescribed, and forward without delay two copies or more of the same, together with photographs and such other descriptions as may be required and with a history of the offense committed, to the State Bureau of Identification.

    Such sheriffs, chiefs of police, members of the State Police and any other law enforcement agencies and officers shall also take the fingerprints, descriptions and such other information as may be required of unknown dead persons and as required by section 2 of P.L.1982, c.79 (C.2A:4A-61) of juveniles adjudicated delinquent and shall forward same to the State Bureau of Identification.

    Any person charged in a complaint filed by a law enforcement officer with an indictable offense, who has not been arrested, or any person charged in an indictment, who has not been arrested, shall submit himself to the identification procedures provided herein either on the date of any court appearance or upon written request of the appropriate law enforcement agency within a reasonable time after the filing of the complaint. Any person who refuses to submit to such identification procedures shall be a disorderly person.

(cf: P.L.1994, c.56, s.4)

    2. This act shall take effect immediately.

STATEMENT

    This bill provides for the fingerprinting and photographing of all persons arrested for simple assault. Since simple assault is a disorderly persons offense and not an indictable offense, persons arrested for simple assault are not now photographed and fingerprinted.

    This bill embodies the recommendation of the New Jersey Supreme Court's "Committtee to Review the Conrad Jeffrey Matter." In its report, dated October 1995, the Committee urged the Legislature to consider expanding the scope of offenses which require fingerprinting. The Committee noted that broadening the current statutes concerning fingerprinting would enable law enforcement to provide a more complete criminal history to judges, giving judges a better understanding of a criminal's record prior to sentencing.

Provides for the fingerprinting and photographing of persons arrested for simple assault.