ASSEMBLY, No. 591

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman WEINGARTEN, Assemblywoman FARRAGHER, and Assemblyman O’Toole

An Act concerning juvenile sex offenders and amending P.L.1982, c.77 and N.J.S.2C:14-6.

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

    1. Section 29 of P.L.1982, c.77 (C.2A:4A-48) is amended to read as follows:

    29. Effect of disposition. No disposition under this act shall operate to impose any of the civil disabilities ordinarily imposed by virtue of a criminal conviction, nor shall a juvenile be deemed a criminal by reason of such disposition.

    The disposition of a case under this act shall not be admissible against the juvenile in any criminal or penal case or proceeding in any other court except for consideration in sentencing, including sentencing of a person under the provisions of N.J.S.2C:14-6 concerning a second or subsequent conviction of a sexual offense or as otherwise provided by law.

(cf: P.L.1982, c.77, s.29)

    2. N.J.S.2C:14-6 is amended to read as follows:

    2C:14-6. Sentencing.

    a. If a person is convicted of a second or subsequent offense under sections 2C:14-2 or 2C:14-3a., the sentence imposed under those sections for the second or subsequent offense shall, unless the person is sentenced pursuant to the provisions of 2C:43-7, include a fixed minimum sentence of not less than 5 years during which the defendant shall not be eligible for parole. The court may not suspend or make any other non-custodial disposition of any person sentenced as a second or subsequent offender pursuant to this section. For the purpose of this section an offense is considered a second or subsequent offense, if the actor has at any time been convicted under sections 2C:14-2 or 2C:14-3a. or under any similar statute of the United States, this State, or any other state for an offense that is substantially equivalent to sections 2C:14-2 or 2C:14-3a.

    b. If a person has been adjudicated delinquent as a juvenile for an act which, if committed by an adult, would constitute a conviction of 2C:14-2 or 2C:14-3a. or been convicted or adjudicated delinquent under any similar statute of the United States, this State, or any other state for an offense that is substantially equivalent to sections 2C:14-2 or 2C:14-3a. and that person is convicted of a subsequent offense under sections 2C:14-2 or 2C:14-3a. as an adult, the sentence imposed under those sections for the subsequent offense may, unless the person is sentenced pursuant to the provisions of 2C:43-7, include a fixed minimum sentence of not less than 5 years during which the defendant shall not be eligible for parole.

(cf: P.L.1978, c.95, s.2C:14-6)

    3. This act shall take effect immediately.

Permits sentencing as repeat sex offender if adult defendant had been previously adjudicated delinquent as a juvenile for a sex offense.