STATEMENT TO

ASSEMBLY, No. 697

with Assembly Floor Amendments

(Proposed By Assemblyman ZISA)

ADOPTED: FEBRUARY 29, 1996

      The bill in its original form would have increased the offense of resisting arrest from a disorderly persons offense to a crime of the fourth degree. The offense would have been upgraded to a crime of the third degree if the actor 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.

      These floor amendments would return the grading of the offense of resisting arrest to a disorderly persons offense. The floor amendments would upgrade the offense to a crime of the fourth degree if the actor, by flight, purposely prevents or attempts to prevent an arrest. The floor amendments would also clarify that an offense of resisting arrest or resisting arrest by flight would be upgraded to a crime of the third 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 officer or another.

      These floor amendments would also amend N.J.S.2C:29-1, concerning obstructing the administration of justice. Currently the language in N.J.S.2C:29-1 specifically exempts flight by a person charged with a crime and the refusal to submit to arrest from the activities criminalized. These floor amendments would add flight, when intended to impair or prevent the administration of justice, to the list of activities prohibited under N.J.S.2C:29-1. A violation of N.J.S.2C:29-1 is a crime of the fourth degree if the person obstructs the detection or investigation of a crime or a person's prosecution for a crime. Otherwise it is a disorderly person's offense.