ASSEMBLY, No. 1832

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Assemblyman COHEN and Assemblywoman GILL

An Act upgrading certain crimes if committed against a judge and amending N.J.S.2C:12-1 and P.L.1992, c.209.

    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

    (f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; 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; or

    (7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury.

    Aggravated assault under subsections b. (1) and b. (6) is a crime of the second degree; under subsections b. (2) and b. (7) 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.

(cf: P.L.1995, c.307, s.2)

    2. Section 1 of P.L. 1992, c. 209 (C. 2C:12-10) is amended to read as follows:

    1. a. As used in this act:

    (1) "Course of conduct" means a knowing and willful course of conduct directed at a specific person, composed of a series of acts over a period of time, however short, evidencing a continuity of purpose which alarms or annoys that person and which serves no legitimate purpose. The course of conduct must be such as to cause a reasonable person to suffer emotional distress. Constitutionally protected activity is not included within the meaning of "course of conduct."

    (2) "Credible threat" means an explicit or implicit threat made with the intent and the apparent ability to carry out the threat, so as to cause the person who is the target of the threat to reasonably fear for that person's safety.

    b. [ A] (1) Except as provided in paragraph (2) a person is guilty of stalking, a crime of the fourth degree, if he purposely and repeatedly follows another person and engages in a course of conduct or makes a credible threat with the intent of annoying or placing that person in reasonable fear of death or bodily injury.

    (2) Stalking is a crime of the third degree if a person commits the crime against any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge because of his status as a member of the judiciary.

    c. A person is guilty of a crime of the third degree if he commits the crime of stalking in violation of an existing court order prohibiting the behavior.

    d. A person who commits a second or subsequent offense of stalking which involves an act of violence or a credible threat of violence against the same victim is guilty of a crime of the [third]second degree.

    e. This act shall not apply to conduct which occurs during organized group picketing.

(cf: P.L.1992, c.209, s.1)

    3. This act shall take effect immediately.

STATEMENT

    This bill would upgrade certain crimes if committed against a judge. The bill would upgrade a simple assault against a judge while clearly identifiable as being engaged in the performance of judicial duties or because of status as a member of the judiciary to aggravated assault. Aggravated assault is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree.

    The bill would also upgrade the crime of stalking to a crime of the third degree if committed against a judge because of his status as a judge.

Upgrades certain crimes if committed against judges.