ASSEMBLY, No. 769

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblywoman BUONO

 

 

An Act concerning certain thefts and amending N.J.S.2C:20-2.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. N.J.S.2C:20-2 is amended to read as follows:

    2C:20-2. Consolidation of Theft Offenses; Grading; Provisions Applicable to Theft Generally. a. Consolidation of Theft Offenses. Conduct denominated theft in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction. A charge of theft may be supported by evidence that it was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

    b. Grading of theft offenses.

    (1) Theft constitutes a crime of the second degree if:

    (a) The amount involved is $75,000.00 or more;

    (b) The property is taken by extortion;

    (c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram; or

    (d) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000 or more.

    (2) Theft constitutes a crime of the third degree if:

    (a) The amount involved exceeds $500.00 but is less than $75,000.00;

    (b) The property stolen is a firearm, motor vehicle, vessel, boat, horse or airplane;

    (c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less;

    (d) It is from the person of the victim;

    (e) It is in breach of an obligation by a person in his capacity as a fiduciary;

    (f) It is by threat not amounting to extortion;

    (g) It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant; [or]

    (h) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000; or

    (i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research.

    (3) Theft constitutes a crime of the fourth degree if:

    (a.) the amount involved is at least $200.00 but does not exceed $500.00; or

    (b.) the property stolen is designated recyclable material as defined in section 7 of P.L.1987, c.102 (C.13:1E-99.12), either bundled or in a recycling receptacle, which has been placed for collection in the manner provided by the municipal recycling ordinance adopted pursuant to section 6 of P.L.1987, c.102 (C.13:1E-99.17).

    (4) If the amount involved was less than $200.00 the offense constitutes a disorderly persons offense.

    [(4)](5) The amount involved in a theft shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

    c. Claim of right. It is an affirmative defense to prosecution for theft that the actor:

    (1) Was unaware that the property or service was that of another;

    (2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or

    (3) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

    d. Theft from spouse. It is no defense that theft was from the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft only if it occurs after the parties have ceased living together.

(cf: P.L.1995, c.20, s.5)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would upgrade the offense of theft of recyclable materials.

    According to recent reports, a growing market for recyclables has led to "scavenging" of these items. Old newsprint, aluminum cans and other recyclable materials left at curbside for pick-up have been hauled away by thieves, who sell the items to recycling processors and pocket the proceeds themselves. This activity deprives municipalities of needed revenues from the legitimate sale of the recyclables and, in addition, deprives them of a source of State funds; the amount of funds received by municipalities from State recycling grants is based on the amount of recycling done in the municipality.

    These thefts increase recycling costs for local taxpayers and increase law enforcement costs as well, because they force municipalities to expend additional funds on deterrence and apprehension efforts. Several municipalities have responded to the problem by enacting anti-scavenging ordinances, but municipal ordinances can only have a limited deterrence effect. The sponsor believes that it will be more effective to criminalize such scavenging under the Criminal Code.

    Although scavenging is considered theft under the Criminal Code, it is difficult to prosecute these cases as crimes. Under the Code, it is only a disorderly persons offense to steal items with a value of less than $200, and a pick-up truck filled with stolen newsprint is likely to be worth slightly less than that. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both.

    This bill would upgrade the offense of theft of recyclables to make it a crime of the fourth degree, regardless of the value of the recyclables, if the items have been placed at a curbside or other appropriate location for pick-up. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months or a fine of up to $7,500 or both.


 

Makes it a crime of the fourth degree to scavenge recyclable materials.