ASSEMBLY, No. 2399

STATE OF NEW JERSEY

INTRODUCED OCTOBER 7, 1996

By Assemblymen ROBERTS, ROCCO, Pascrell, Assemblywoman Quigley and Assemblyman Greenwald

An Act concerning assault and amending N.J.S.2C:12-1.

    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, school bus driver 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 operator of a motorbus, any employee of a rail passenger service or any employee of the New Jersey Transit Corporation while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus, an employee of a rail passenger service or an employee of the New Jersey Transit Authority; 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. This act shall take effect immediately .

STATEMENT

    This bill would upgrade the crime of simple assault to aggravated assault if the victim was a school bus driver, any motorbus operator, any employee of a rail passenger service or any employee of the New Jersey Transit Corporation. Specifically, this bill would amend subparagraph (d) of paragraph 5 of subsection b. of N.J.S.A.2C:12-1, the assault statute, to upgrade a simple assault against a school bus driver while clearly identifiable as being engaged in the performance of his duties or because of his status, to aggravated assault.

    This bill would also add a new subparagraph (e) to paragraph 5 of subsection b. of 2C:12-1 to upgrade a simple assault against any motorbus operator, any employee of a rail passenger service or any employee of the New Jersey Transit Corporation, while clearly identifiable as being engaged in the performance of their duties or because of their status, 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. A crime of the third degree is punishable by a maximum term of imprisonment of three to five years, a maximum fine of $7,500 or both. A crime of the fourth degree is punishable by a maximum term of imprisonment not to exceed 18 months, a maximum fine of $7,500 or both.

Upgrades simple assault against school bus drivers, motorbus operators, rail passenger service employees or employees of New Jersey Transit Corporation.