ASSEMBLY, No. 1066
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman WISNIEWSKI
An Act to protect children from sexual offenders and supplementing chapter 7 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Childcare center" means any facility which is maintained for the care, development or supervision of children who attend the facility for less than 24 hours a day. The term shall include, but not be limited to, drop-in centers, nighttime centers, day nurseries, nursery and play schools, cooperative child centers, centers for children with special needs, centers serving sick children, infant-toddler programs, school age child care programs, employer supported centers, and kindergartens that are not an integral part of a public or private educational system or institution.
"Playground" means a piece of property set apart for outdoor games and recreation. The property, which may be owned, operated or otherwise under the control of a public or private entity, may or may not be equipped with devices for such games and recreation.
"Sexual offense" means aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to paragraph (4) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); criminal sexual contact pursuant to N.J.S.2C:14-3b. if the victim is a minor; kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; any similar offense under the laws of any other jurisdiction, or any attempt to commit any of these enumerated offenses.
2. a. It shall be a crime of the third degree for any person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity of a sexual offense and required to register under the provisions of P.L.1994, c.133 (C.2C:7-1 et seq.) to enter upon or come within 1,000 feet of any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board; to board or attempt to board any school bus; or to enter upon or come within 1,000 feet of any playground or childcare center under circumstances not manifestly appropriate or justified.
b. It shall not be a defense to a prosecution for a violation of this section that no juveniles or students were present on the school property or that school was not in session at the time of the offense, or that no juveniles were present on the playground or at the daycare center.
c. In a prosecution under this section, a map produced or reproduced by any municipal or county engineer for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or any playground or daycare center, or a true copy of such a map, shall, upon proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the governing body of the municipality or county has adopted a resolution or ordinance, as appropriate, approving the map as the official finding and record of the location and boundaries of those areas. Any map approved pursuant to this subsection may be changed from time to time by the governing body of the municipality or county. The original of every map approved or revised pursuant to this subsection, or a true copy thereof, shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. Nothing in this subsection shall be construed to preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense; nor shall this subsection be construed to preclude the use or admissibility of any map or diagram other than the one which has been approved by the governing body of the municipality or county, provided that the map or diagram is otherwise admissible pursuant to the Rules of Evidence.
3. This act shall take effect immediately.
STATEMENT
This bill establishes "sex offender free zones" around schools, playgrounds and childcare centers.
Under the provisions of the bill, persons who have been convicted, adjudicated delinquent or found not guilty by reason of insanity of a sexual offense, and required to register under the provisions of "Megan's Law" (P.L.1994, c.133; C.2C:7-1 et seq.), are prohibited from entering upon or coming within 1,000 feet of any school property, playground or childcare center, or boarding or attempting to board a school bus, unless their reason for entering that property or area is "manifestly appropriate or justified." Violators would be guilty of a crime of the third degree. A crime of the third degree is punishable by a fine of not more than $7,500, imprisonment for a term of three to five years, or both.
Establishes "sex offender free zones" around schools, playgrounds and childcare centers.