ASSEMBLY, No. 1159

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen COHEN and SULIGA

An Act concerning manslaughter and amending N.J.S.2C:11-4.

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

    1. N.J.S.2C:11-4 is amended to read as follows:

    2C:11-4. Manslaughter. a. Criminal homicide constitutes aggravated manslaughter when the actor recklessly causes death under circumstances manifesting extreme indifference to human life.

    b. Criminal homicide constitutes manslaughter when:  

    (1) It is committed recklessly;

    (2) A homicide which would otherwise be murder under section 2C:11-3 is committed in the heat of passion resulting from a reasonable provocation; [or]

    (3) The actor causes the death of another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2. Notwithstanding the provision of any other law to the contrary, the actor shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.2C:29-2 which resulted in the death of another person; or

    (4) The actor violated a provision of:

    (a) The "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.) or any rule or regulation promulgated thereunder; or

    (b) A certificate of occupancy issued pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.);

    and such violation resulted in the death of another person.

    c. Aggravated manslaughter is a crime of the first degree and upon conviction thereof a person may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 10 and 30 years. Manslaughter is a crime of the second degree; however, a person convicted under paragraph (3) of subsection b. of this section may, notwithstanding the provisions of paragraph (2) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between five and 15 years.

(cf: P.L.1991, c.341, s.1)

    2. This act shall take effect immediately.

STATEMENT

    This bill provides that a person is guilty of manslaughter, a crime of the second degree, if he violates the Uniform Fire Safety Act or a certificate of occupancy issued pursuant to the State Uniform Construction Code Act and the violation results in the death of another person.

Provides that safety code violations resulting in death constitute the crime of manslaughter.