SENATE JUDICIARY COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 694

with committee amendments

STATE OF NEW JERSEY

DATED: NOVEMBER 17, 1997

      The Senate Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 694 (1R).

      This bill would amend N.J.S.A.2C:35-3, the "drug kingpin" statute to clarify the nature of the activities that will result in a person being prosecuted as a "leader of a narcotics trafficking network." As amended by the committee, a person would be considered a leader of a narcotics trafficking network if he conspires with two or more other persons in a scheme to sell or manufacturer illegal drugs as a financier, or as an organizer, supervisor or manager of at least one other person.

      The amendments delete the definitions of the terms "supervisor," "manager" and "upper echelon member" included in the bill as passed by the Assembly. The definition of the term "financier" would be modified to provide that: "financier" means a person who, with intent to derive a profit, provides money or credit or other thing of value in order to purchase a CDS or an immediate precursor or otherwise finance the operations of a drug trafficking network.

      In addition, the amendments add language indicating that it shall not be a defense to a charge of being a leader of a narcotics trafficking network that the defendant was subject to the supervision or management of another nor that another person or persons were also leaders of the narcotics trafficking network.

      The amendments also conform the provisions of the bill with those of recently enacted P.L.1997, c.181 which raised the maximum fine for the crime of being a leader of a narcotics trafficking network.