ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1941

with committee amendments

STATE OF NEW JERSEY

DATED: SEPTEMBER 19, 1996

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 1941.

      This bill creates a new $1000.00 penalty to be imposed on persons convicted of the crime of arson or juveniles adjudicated delinquent for this offense. This penalty shall be collected in the same manner as other assessments and shall be given priority as set forth in section 13 of P.L.1991, c.329 (C.2C:46-4.1). The moneys collected shall be deposited in the Arson Investigation Fund established in the State Treasury by this bill. The Attorney General shall devise a formula for distributing the available funds among the counties based on numbers of convictions and adjudications and the seriousness of the underlying offenses.

      The committee amended the bill to impose a penalty of $250.00 for each juvenile adjudication. In addition, the amendments provide that the monies from the fund would be distributed to the Division of Criminal Justice as well as the county prosecutor and authorize the Department of Law and Public Safety to use an amount not to exceed 5% of monies deposited in the fund to offset administrative expenses.

      The committee amended the bill to clarify the formula for distribution of the penalty monies. The bill provides that the formula would be based on the number and seriousness of the arson convictions or juvenile adjudications in the county on a fiscal year basis. The amendments clarify that the formula would also take into consideration the resources devoted to investigating and prosecuting arson cases in the county on a fiscal year basis. In addition the amendments provide that seriousness of the arson convictions and adjudications shall be assessed by considering factors such as loss and endangerment of life, the value of property destroyed, the replaceability of destroyed property and the resources devoted to controlling and extinguishing arson fires.

      The amendments provide that the monies distributed from the fund would be used exclusively for the purpose of investigating and prosecuting arson cases and would supplement and not replace monies budgeted for such investigation and prosecutions.

      The committee also amended the bill to give rule- making powers to the Attorney General.

      The amendments correct an internal statutory reference to clarify that the penalty shall be assessed for all degrees of the crime of arson, not just those set forth in subsections a. or b.