ASSEMBLY, No. 939
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman KRAMER
An Act concerning warrantless arrest and fingerprinting, and amending P.L.1930, c.65, R.S.53:1-15, N.J.S.2C:14-4 and N.J.S.2C:33-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1930, c.65 (C.53:1-13) is amended to read as follows:
2. The supervisor of the state bureau of identification shall procure and file for record, fingerprints, plates, photographs, pictures, descriptions, measurements and such other information as may be pertinent, of all persons who have been or may hereafter be convicted of an indictable offense within the state, of a person arrested for a violation of N.J.S.2C:14-4 or arrested for a violation of N.J.S.2C:33-4 that is of a sexual nature or purpose, and also of all well known and habitual criminals wheresoever the same may be procured.
The person in charge of any state institution shall furnish any such information to the supervisor of the state bureau of identification upon request of the superintendent of state police.
(cf: P.L.1930, c.65, s.2)
2. R.S.53:1-15 is amended to read as follows:
53:1-15. The sheriffs, chiefs of police, members of the State Police and any other law enforcement agencies and officers shall, immediately upon the arrest of any person for an indictable offense, or of any person believed to be wanted for an indictable offense, or believed to be an habitual criminal, or within a reasonable time after the filing of a complaint by a law enforcement officer charging any person with an indictable offense, or upon the arrest of any person for shoplifting, pursuant to N.J.S.2C:20-11, lewdness, pursuant to N.J.S.2C:14-4 or harrassment of a sexual nature or purpose, pursuant to N.J.S.2C:33-4, or the conviction of any other person charged with a nonindictable offense, where the identity of the person charged is in question, take the fingerprints of such person, according to the fingerprint system of identification established by the Superintendent of State Police and on the forms prescribed, and forward without delay two copies or more of the same, together with photographs and such other descriptions as may be required and with a history of the offense committed, to the State Bureau of Identification.
Such sheriffs, chiefs of police, members of the State Police and any other law enforcement agencies and officers shall also take the fingerprints, descriptions and such other information as may be required of unknown dead persons and as required by section 2 of P.L.1982, c.79 (C.2A:4A-61) of juveniles adjudicated delinquent and shall forward same to the State Bureau of Identification.
Any person charged in a complaint filed by a law enforcement officer with an indictable offense, who has not been arrested, or any person charged in an indictment, who has not been arrested, shall submit himself to the identification procedures provided herein either on the date of any court appearance or upon written request of the appropriate law enforcement agency within a reasonable time after the filing of the complaint. Any person who refuses to submit to such identification procedures shall be a disorderly person.
(cf: P.L.1994, c.56, s.4)
3. N.J.S.2C:14-4 is amended to read as follows:
2C:14-4. a. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed.
b. A person commits a crime of the fourth degree if: (1) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.
(2) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor's conduct.
c. As used in this section:
"lewd acts" shall include the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.
d. A law enforcement officer may arrest without warrant a person he has probable cause for believing has committed the offense of lewdness as defined in this act.
(cf: P.L.1992, c.8, s.1)
4. N.J.S.2C:33-4 is amended to read as follows:
2C:33-4. Except as provided in subsection d., a person commits a petty disorderly persons offense if, with purpose to harass another, he:
a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.
A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.
d. A person commits a crime of the fourth degree if in committing an offense under this section, he acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation or ethnicity.
e. A law enforcement officer may arrest without warrant any person he has probable cause for believing has committed the offense of harrassment as defined in this act, which is of a sexual nature or purpose.
(cf: P.L.1995, c.211, s.2)
5. This act shall take effect immediately.
STATEMENT
This bill would allow law enforcement officers to fingerprint and photograph sex offenders upon arrest, including those arrested for lewdness, a disorderly persons offense. It would also allow law enforcement officers to fingerprint and arrest those disorderly persons who commit harrassment of a sexual nature, such as certain offensive touching. Current law does not authorize police to fingerprint and photograph those arrested for disorderly persons offenses for committing acts of lewdness under N.J.S.2C:14-4, or acts of harrassment of a sexual nature under N.J.S.2C:33-4. This bill would give police the same authority to fingerprint, photograph and arrest a sex offender as they currently have for a shoplifter or drug offender.
Allows warrantless arrest and fingerprinting of persons arrested for certain sexual offenses.