ASSEMBLY, No. 694
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman ZISA
An Act clarifying the offense of leader of narcotics trafficking network and amending N.J.S.2C:35-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:35-3 is amended to read as follows:
2C:35-3. Leader of Narcotics Trafficking Network.
[A] Notwithstanding any other provision of law to the contrary, a person is a leader of a narcotics trafficking network only if [he conspires with others as an organizer, supervisor, financier or manager, to engage for profit], in a scheme or course of conduct to unlawfully manufacture, distribute, dispense, bring into or transport in this State methamphetamine, lysergic acid diethylamide, phencyclidine or any controlled dangerous substance classified in Schedule I or II, or any controlled substance analog thereof, the person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers or leaders, and any two of the following are present:
a. the violation involved at least five times the quantity of an illegal narcotic necessary for criminal charges pursuant to the provisions of N.J.S. 2C:35-5;
b. the enterprise, or any other enterprise in which the defendant was the principal or one of the several principal administrators, organizers or leaders, received $500,000.00 in gross receipts during any twelve month period of its existence for the unlawful manufacturing, distributing, dispensing, bringing into or transporting in this State the items listed in this section;
c. the person conspires with five or more other persons with respect to whom the person occupies a position of organizer, or a supervisory position, or any other position of management;
d. the person obtains substantial income or resources from such enterprises.
Leader of narcotics trafficking network is a crime of the first degree and upon conviction thereof, except as may be provided by N.J.S.2C:35-12, a person shall be sentenced to an ordinary term of life imprisonment during which the person must serve 25 years before being eligible for parole. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may also impose a fine not to exceed $500,000.00 or five times the street value of the controlled dangerous substance or controlled substance analog involved, whichever is greater.
Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of leader of narcotics trafficking network shall not merge with the conviction for any offense which is the object of the conspiracy. Nothing contained in this section shall prohibit the court from imposing an extended term pursuant to N.J.S.2C:43-7; nor shall this section be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S.2C:5-2, or any prosecution or conviction under N.J.S.2C:35-4 (maintaining or operating a CDS production facility), N.J.S.2C:35-5 (manufacturing, distributing or dispensing), N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme), N.J.S.2C:35-9 (strict liability for drug induced death), N.J.S.2C:41-2 (racketeering activities) or subsection g. of N.J.S.2C:5-2 (leader of organized crime).
It shall not be necessary in any prosecution under this section for the State to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attendant circumstances, including but not limited to the number of persons involved in the scheme or course of conduct, the actor's net worth and his expenditures in relation to his legitimate sources of income, the amount or purity of the specified controlled dangerous substance or controlled substance analog involved, or the amount of cash or currency involved.
It shall not be a defense to a prosecution under this section that such controlled dangerous substance or controlled substance analog was brought into or transported in this State solely for ultimate distribution or dispensing in another jurisdiction; nor shall it be a defense that any profit was intended to be made in another jurisdiction.
(cf: P.L.1987, c.106, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would amend N.J.S.A.2C:35-3, the "drug kingpin" statute to clarify the activities that will result in a person being a "leader of a narcotics trafficking network." Under the bill, a person is a leader of a narcotics trafficking network if the person is a principal administrator, organizer, or leader of the enterprise or is one of several such persons; and any two of the following are present: (1) the violation involved at least five times the quantity of an illegal narcotic necessary for a possession offense under N.J.S.A.2C:35-5; (2) the enterprise or a related enterprise received $500,000 in receipts for trafficking in controlled dangerous substances; (3) the person conspired with five or more other persons with respect to whom the person occupies a management position; or, (4) the person obtains substantial income or resources from such enterprise.
The bill is further intended to clarify the recent New Jersey Supreme Court ruling State v. Alexander (decided July 19, 1994). This decision held that in a prosecution under N.J.S.A.2C:35-3, the trial court should instruct the jury that it must find that the defendant occupies an "upper echelon" role and in that position exercises supervisory power or control over others engaged in an organized drug trafficking network. These amendments clarify that N.J.S.A.2C:35-3 is the exclusive source of definition for the offense.
Clarifies activities which constitute leader of a drug trafficking network.