ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1943

with committee amendments

STATE OF NEW JERSEY

DATED: SEPTEMBER 19, 1996

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 1943.

      This bill amends the aggravated assault statute, N.J.S.2C:12-1 by adding a new paragraph (8) to subsection b. This paragraph provides a person who knowingly or purposely starts a fire or causes an explosion which results in bodily injury to any emergency services personnel who become involved in fire suppression activities, rendering emergency medical services, rescue operations, or rendering any necessary assistance at the scene of a fire or explosion shall be guilty of a crime of the second degree if serious bodily injury results and a crime of the third degree if bodily injury results to the emergency services personnel.

      The committee amended the bill to clarify that aggravated assault under the provisions of new paragraph (8) would be graded as a crime of the second degree if the victim suffers "significant bodily injury" in addition to " serious bodily injury". Other clarifying amendments include the reference to a violation of the arson statute and a reference to "bodily" injury in setting out the elements of the offense.

      The committee also amended the bill to provide that a person would be strictly liable for a violation of paragraph (8) upon proof of a violation of N.J.S. 2C: 17-1, the arson statute, which resulted in bodily injury to any emergency services personnel.