STATEMENT TO

[First Reprint]

ASSEMBLY, No. 697

with Senate Floor Amendments

(Proposed By Senators MARTIN and ADLER)

ADOPTED: DECEMBER 15, 1997

      This bill amends N.J.S.2C:29-1 (Obstructing Administration of Law or Other Governmental Functions) to clarify that 2C:29-1 is intended to prohibit flight when intended to impair or prevent the administration of justice. The bill also clarifies that N.J.S.2C:29-2 which prohibits resisting arrest includes flight for the purpose of preventing or attempting to prevent an arrest by a law enforcement officer. As passed by the Assembly, the bill would have upgraded resisting arrest to a crime of the third degree under certain circumstances. These amendments would delete this upgrade thereby restoring the present sentencing structure which grades resisting arrest dependent on the fact situation as either a disorderly persons offense or a crime of the fourth degree.