ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 697

STATE OF NEW JERSEY

DATED: FEBRUARY 22, 1996

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 697.

      This bill upgrades the penalties for the offense of resisting arrest. Currently a person is guilty of a disorderly persons offense if he purposely prevents a law enforcement officer from effecting a lawful arrest. This bill would increase that offense to a crime of the fourth degree. Under the present scheme the offense is upgraded to a crime of the fourth degree if the actor uses or threatens to use physical force or violence against the law enforcement officer or another; or uses any other means to create a substantial risk of causing physical injury to the public servant or another. The bill increases the penalty under those circumstances to a crime of the third degree.

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes changes required by technical review which has been performed.