ASSEMBLY, No. 983

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman GEIST

 

 

An Act concerning witnesses and jurors, supplementing Title 2C of the New Jersey Statutes and amending P.L.1989, c.22.

 

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

 

    1. (New Section) a. Except as provided in subsection b., no witness in a criminal prosecution, prior to discharge, shall accept or receive, directly or indirectly, any money or any other consideration for providing any information obtained as a result of witnessing the event or occurrence which that person knows or reasonably should know is a crime or for having personal knowledge of the facts that the person knows or reasonably should know may require that person to be called as a witness in a criminal prosecution. Any witness who violates this section is guilty of a disorderly persons offense and may be subject to a fine not exceeding three time the amount of money or consideration accepted or received.

    b. The provisions of subsections a. shall not apply to any of the following circumstances:

    (1) Lawful compensation paid to expert witnesses, investigators, employees, or agents by a prosecutor, law enforcement agency, an attorney employed to represent a person in a criminal matter or by a defendant.

    (2) Lawful compensation provided to an informant by a prosecutor or law enforcement agency.

    (3) Compensation paid to a publisher, editor, reporter, writer, or other person connected with or employed by a newspaper, magazine, or other publication or a television or radio news reporter or other person connected with a television or radio station, for disclosing information obtained in the ordinary course of business.

    (4) Statutorily authorized rewards offered by governmental agencies for information leading to the arrest and conviction of specified offenders.

    c. As used in this section: "information" does not include a photograph, videotape, audiotape, or any other direct recording of an event or occurrence.

 

    2. Section 1 of P.L.1989, c.22 (C.2C:29-8.1) is amended to read as follows:

    1. a. Any person impaneled as a petit or grand juror in any criminal action in this State who, before the rendering of a verdict, entry of a plea, or the termination of service as a grand juror, solicits, negotiates, accepts, or agrees to accept a contract for a movie, book, magazine article, other literary expression, recording, radio or television presentation, or live entertainment or presentation of any kind which would depict his service as a juror is guilty of a crime of the fourth degree.

    b. Any person who offers, negotiates, confers, or agrees to confer a contract for a movie, book, magazine article, other literary expression, recording, radio or television presentation, or live entertainment or presentation of any kind which would depict the juror's service, to any person impaneled as a petit or grand juror in any criminal action in this State, during the term of service of the juror, is guilty of a crime of the fourth degree.

    c. Any person impaneled as a petit or grand juror in any criminal action in this State shall not, before the rendering of a verdict, entry of a plea, or the termination of service as a grand juror, accept, agree to accept or benefit directly from any payment or other consideration for supplying any information concerning the trial. Any juror who violates this section is guilty of a crime of the fourth degree and may be subject to a fine not exceeding three times the amount of money or consideration accepted or received.

    As used in this subsection: "information" does not include a photograph, videotape, audiotape, or any other direct recording of an event or occurrence.

(cf: P.L.1989, c.22, s.1)

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would impose a fine on any witness in a criminal prosecution who, prior to discharge, accepts or receives, directly or indirectly, any money or any other consideration for providing information obtained as result of witnessing the event. The witness must know or reasonably should know that the event was a crime or have personal knowledge of facts that the witness knows or reasonably should know may require him to be called as a witness in a criminal prosecution. A person found guilty of violating this section of the law would be guilty of a disorderly persons offense and may be subject to a fine not exceeding three times the amount of the money or consideration received.

    The provisions of section 1 of the bill would not apply to expert witnesses, investigators, employees, or agents representing either party; informants; publishers, editors, reporters, writers, or any other person connected with or employed by a newspaper, magazine, or other publication or a television or radio news reporter or other person connected with a television or radio station who is paid for disclosing information obtained in the ordinary course of business; or in the case of a statutorily authorized reward offered by governmental agencies for information leading to the arrest and conviction of specified offenders.

    Also, under the bill it would be a crime of the fourth degree for any juror prior to termination of service to accept, agree to accept or benefit directly from any payment or other consideration for supplying any information concerning the trial and the juror may be subject to a fine not exceeding three times the amount of the money or consideration received. Currently the law prohibits jurors from soliciting, negotiating, accepting or agreeing to accept a contract for a movie, book, magazine article, recording, radio or television presentation of any kind which would depict his service as a juror. This provision is not changed.

 

 

 

Makes it a criminal offense for any witness or juror to receive payment for supplying certain information.