ASSEMBLY, No. 561

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblywoman TURNER

 

 

An Act concerning false reports to law enforcement authorities and amending N.J.S.2C:28-4.

 

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

 

    1. N.J.S.2C:28-4 is amended to read as follows:

    2C:28-4. False Reports to Law Enforcement Authorities.

    a. Falsely incriminating another. (1) A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree. (2) A person who knowingly gives or causes to be given false information or a description of a fictitious person to any law enforcement officer with purpose to implicate another because of race, color, religion, sexual orientation or ethnicity commits a crime of the third degree.

    b. Fictitious reports. [A] Except as provided in subsection c., a person commits a disorderly persons offense if [he] the actor:

    (1) Reports or causes to be reported to law enforcement

authorities an offense or other incident within their concern knowing that it did not occur; or

    (2) Pretends to furnish or causes to be furnished such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.

    c. A person who violates subsection b. of this section is guilty of a crime of the fourth degree if the person acted with purpose to implicate another because of race, color, religion, sexual orientation or ethnicity.

    d. Restitution. In addition to any other fine, fee or assessment imposed, any person convicted of an offense under this section shall be ordered to reimburse the governing body of the municipality for the costs incurred in investigating the false information or the fictitious report.

(cf: P.L.1978, c.95)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would upgrade falsely incriminating another person from a crime of fourth degree to a crime of the third degree if the person knowing gives false information with the purpose to implicate another because of race, color, religion, sexual orientation or ethnicity. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine up to $7,500 or both.

    The bill would also upgrade the offense of giving a fictitious report from a disorderly person offense to a crime of the fourth degree if the offense was committed with the purpose to implicate another because of race, color, religion, sexual orientation or ethnicity. A crime of the fourth degree is punishable by a term of imprisonment not exceed 8 months, a maximum fine of $7,500, or both.

    In addition, the bill provides that any person convicted of either offense would be required to reimburse the municipality for any costs incurred in investigating the offense.

 

 

 

Upgrades falsely incriminating another and fictitious reporting of an offense under certain circumstance.