ASSEMBLY, No. 1235

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen AZZOLINA and BLEE

 

 

An Act concerning crime victims and amending P.L.1983, c.33.

 

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

 

    1. Section 3 of P.L.1983, c.33 (C.52:4B-28) as amended to read as follows:

    3. Every person, firm, corporation, partnership, association or other legal entity contracting with a person convicted or accused of a crime in this State or an agent, assignee, beneficiary, conservator, executor, guardian, representative, relative, friend, associate or conspirator of a person convicted or accused of a crime in this State, with respect to the reenactment of the crime, by way of a movie, book, magazine article, other literary expression, recording, radio or television presentation, live entertainment or presentation of any kind, [or from expression of the person's thoughts, feelings, opinions or emotions regarding the crime] provided that an integral part of the work depicts or discusses the defendant's crime, shall submit a copy of the contract to the board and shall pay over to the board all moneys which would otherwise, by terms of the contract, be owing the person convicted or accused of a crime in this State or an agent, assignee, beneficiary, conservator, executor, guardian, representative, relative, friend, associate or conspirator of a person convicted or accused of a crime in this State. The board shall deposit these moneys in an interest bearing escrow account for the benefit of and payable to any victim of the convicted or accused person or the victim's representative, provided that the person is eventually convicted of the crime and that the victim or victim's representative brings, within five years of the date of the establishment of the escrow account, a civil action for damages resulting from the crime, or has already obtained a judgment for damages resulting from the crime, in a court of competent jurisdiction and files notice of such action with the board and recovers a money judgment for damages resulting from the crime against the person or an agent, assignee, beneficiary, conservator, executor, guardian, representative, relative, friend, associate or conspirator of a person convicted or accused of a crime in this State.

(cf: P.L.1983, c.33, s.3)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    Recently, the United States Supreme Court in Simon and Schuster v. New York Crime Victims Bd., No. 90-1059 (December 10, 1991) declared that New York's "Son of Sam" law is presumptively inconsistent with the First Amendment since it imposed a financial burden on speakers because of the content of their speech. This bill would amend New Jersey's "Son of Sam" law to reflect the holding in the Simon and Schuster case.

    Currently, New Jersey's "Son of Sam" law, N.J.S.A.52:4B-26 et seq., provides that any firm, corporation or entity which contracts with a convicted person, with respect to the reenactment of the crime, by way of a movie, book, magazine article, other literary expression, recording, radio or television presentation, live entertainment or presentation of any kind, or from expression of the person's thoughts, feelings and opinions or emotions regarding the crime, would be required to submit a copy of the contract and pay over to the Violent Crimes Compensation Board the proceeds from the contract. The board deposits these monies in an escrow account payable to the victim if the accused is convicted of the crime, provided that the victim brings a civil action and recovers a money judgement against the accused.

    In order to insure that New Jersey's "Son of Sam" law would not be constitutionally challenged, this bill would clarify that an integral part of the defendant's work must depict or discuss the defendant's crime in order for the proceeds of the contract to be subject to the provisions of the law.

 

 

 

Amends the "Son of Sam" law.