ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 1846 and 1942

STATE OF NEW JERSEY

DATED: SEPTEMBER 19, 1996

      The Assembly Judiciary Committee reports favorably Assembly Committee Substitute for Assembly Bill Nos. 1846 and 1942.

      This substitute amends the arson statute, N.J.S.2C:17-1, to address several specific ways in which to strengthen that statute and its applicability.

      The substitute adds two new definitions to aggravated arson. The addition of new paragraph (4) in subsection a. of N.J.S.2C:17-1 is intended to address the problem of property owners who burn their commercial or residential structure for the purpose of avoiding zoning regulations, wetlands restrictions and shoreline development regulations. Arson investigators have encountered situations where property owners have either completely or partially destroyed their building by fire in order to exempt the building from lot size requirements for additions, renovations and remodeling or commercial property owners have burned their buildings, not for the purpose of collecting insurance money, but to exempt themselves from zoning approvals they cannot obtain for expansion, renovation or remodeling.

      The proposed addition to the arson statute is intended to eliminate any possibility that arson may provide a less expensive means of avoiding planning board approval for renovations which may be unacceptable as violating local zoning and planning ordinances.

      The addition of new paragraph (5) to subsection a. is intended to provide a criminal sanction for setting so-called "brush fires". While N.J.S.2C:17-2, the crime of causing or risking widespread injury or damage may have applicability in certain situations, it is limited because that statute requires that a risk of serious bodily injury be posed to a least 10 or more people or damage to 10 or more habitations or to a building which would normally contain 50 or more people st the time of the offense. Given these requirements, N.J.S.2C:17-2 may not address the problem of brush fires. This proposed addition to the arson statute is needed to address the serious environmental, ecological and economic consequences of the type of fire which occurred in the Pinelands Reserve in 1995.

      The substitute makes parallel changes in subsection b. by adding new paragraphs (4) and (5) to that subsection concerning the third degree crime of arson.

      The substitute makes a change to subsection d. of N.J.S.2C:17-1 concerning the first degree crime of arson committed by a person who accepts consideration for starting a fire or causing an explosion. The change is intended to codify the rule of State v. Chiarulli 234 N.J. Super. 192 (App. Div. 1989) by clarifying that in a case where the arsonist is unable to collect his fee, he may nevertheless be convicted of this first degree offense.

      The substitute adds language in subsection f. concerning the definition of "structure" and is intended to eliminate any question which may arise where a person burns a building for which that person is listed as the "owner". The substitute recognizes the various legal and equitable interests which others have in buildings which appear to be "owned" by another. It is intended to protect the rights of mortgage holders (i.e. lending institutions), joint tenants, tenants in common and lien holders. An example of the type of conduct the amendment seeks to criminalize is the intentional setting of a fire to a private residence by the titled owner because the home is subject to foreclosure and the owner would rather burn it down than lose it to the bank. The substitute also adds a definition of "forest."