SENATE JUDICIARY COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 1589

with committee amendments

STATE OF NEW JERSEY

DATED: DECEMBER 16, 1996

      The Senate Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 1589 (1R).

      This bill would establish counterfeiting as a specific criminal offense in New Jersey. This offense would prohibit the intentional manufacture, use, display, advertisement, distribution, sale or possession with intent to sell goods or services bearing or identified by a counterfeit trademark. This bill would grade counterfeiting as a crime of the second, third or fourth degree dependent on the following 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 would provide enhanced fines for persons convicted of counterfeiting based 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 counterfeiting would be subject to forfeiture.

      The amendments were technical in nature and clarified the sentencing provisions of the bill.