ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1589

STATE OF NEW JERSEY

DATED: FEBRUARY 22, 1996

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 1589.

      This bill establishes a specific criminal offense of counterfeiting. The bill makes it a crime ranging from the fourth to second degree to purposely manufacture, use, display, advertise, distribute, offer for sale, sell, or possess with intent to sell or distribute any item, or services , bearing , or identified by, a counterfeit mark. The bill grades the offense depending on one of three possible factors: the number of items bearing the counterfeit mark; the total retail value of the items involved or whether the offense is a first, second or third or subsequent conviction. The bill provides for enhanced fines for persons convicted depending on the retail value of the items involved.

      The bill provides that all items bearing a counterfeit mark and all items used in connection with the violation shall be subject to forfeiture as provided in the criminal code.

      Conviction under this bill for a criminal offense shall not preclude the defendant's potential liability for civil damages under N.J.S.A.56:3-13.16.