ASSEMBLY, No. 2754

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 27, 1997

By Assemblyman ARNONE

An Act concerning assaults by gangs 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 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

    (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; or

    (8)  Causes bodily injury or significant bodily injury to another person when aided by two or more persons; or

    (9)  Causes serious bodily injury to another person when aided by two or more persons.

    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; under subsection b.(8) is a crime of the second degree; and under subsection b.(9) is a crime of the first 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 increases the penalties for gang members who participate in assaults. Under the bill, a person who commits an assault with the help of two or more other persons would be guilty of aggravated assault if the victim suffers bodily injury.

    The bill provides that a person who participates in such an assault would be guilty of a crime of the first degree if he causes serious bodily injury to another person. It would be a crime of the second degree if the person causes bodily injury or significant bodily injury.

    Under the Criminal Code, bodily injury is defined as "physical pain, illness or any impairment of physical condition." Serious bodily injury is defined as "bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ." Significant bodily injury is defined as "bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses."

    A crime of the first degree is punishable by a term of imprisonment of up to ten to 20 years, a fine of up to $100,000, or both. A crime of the second degree is punishable by a term of imprisonment of up to five to ten years, a fine of up to $100,000, or both.

    This bill is modeled on a statute enacted in New York State in September, 1996.

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Increases penalties for assaults committed by gangs.