ASSEMBLY, No. 1392
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman JONES
An Act concerning the penalty for aggravated assault in certain circumstances and amending N.J.S.2C:12-1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:12-1 is amended to read as follows:
2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(2) Negligently causes bodily injury to another with a deadly weapon; or
(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
b. Aggravated assault. A person is guilty of aggravated assault if he:
(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
(3) Recklessly causes bodily injury to another with a deadly weapon; or
(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or
(5) Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:
(a) Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or
(b) Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or
(c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or
(d) Any school board member or school administrator, teacher or other employee of a school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a school board; or
(e) Any employee of the Division of Youth and Family Services while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or
(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this subsection upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person.
[Aggravated] Except as provided in subsection f. of this section, aggravated assault under subsections b. (1) and b. (6) is a crime of the second degree; under subsection b. (2) is a crime of the third degree; under subsections b. (3) and b. (4) is a crime of the fourth degree; and under subsection b. (5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree.
c. A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.
As used in this section, "vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.
d. A person who is employed by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.
e. A person who commits a simple assault as defined in subsection a. of this section is guilty of a crime of the fourth degree if the person acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity.
f. (1) Aggravated assault under subsection b. is a crime of the first degree if the victim was a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority and the law enforcement officer suffers serious bodily injury as a result of an assault with a firearm. Notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, the term of imprisonment imposed under this paragraph shall be between 30 years and life imprisonment of which the person shall serve 30 years before being eligible for parole.
(2) Aggravated assault under subsection b. is a crime of the second degree if the victim was a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority and the law enforcement officer suffers serious bodily injury as a result of an assault other than with a firearm. Notwithstanding the provisions of paragraph (2) of subsection a. of N.J.S.2C:43-6, the term of imprisonment imposed under this paragraph shall include a mandatory minimum term of three years during which the defendant shall be ineligible for parole.
(cf: P.L.1995, c.211, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would provide that a person convicted of aggravated assault shall be sentenced to a term of imprisonment between 30 years and life imprisonment of which the person shall serve 30 years before being eligible for parole if the victim of the aggravated assault was a law enforcement officer in the performance of his duties and the law enforcement officer suffered serious bodily injury as a result of an assault with a firearm. Any other assault on a law enforcement officer which results in serious bodily injury such as with a knife shall be graded as a crime of the second degree and shall include a minimum mandatory term of three years during which the defendant shall be ineligible for parole.
Upgrades the penalty for aggravated assault when the victim is a law enforcement officer who suffers serious bodily injury.