ASSEMBLY, No. 2949

STATE OF NEW JERSEY

INTRODUCED MAY 12, 1997

By Assemblywoman POU

An Act concerning senior citizens and persons with disabilities and supplementing chapter 43 of Title 2C of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. This act shall be known and may be cited as the "Senior Citizen and Person with a Disability Protection Act."

    2. As used in this act:

    "Person with a disability" means a recipient of disability insurance benefits under Title II of the federal Social Security Act (42 U.S.C.§401 et seq.).

    "Senior citizen" means a person 62 years of age or over.

    3. a. Notwithstanding the provisions of N.J.S.2C:43-3 or N.J.S.2C:43-6 or any other law to the contrary, a person who is convicted of a crime of violence against a senior citizen or a person with a disability, including but not limited to: N.J.S.2C:11-3; N.J.S.2C:11-4; subsection b. of N.J.S.2C:12-1; N.J.S.2C:13-1; subsection a. of N.J.S.2C:14-2; or N.J.S.2C:15-1 shall be sentenced to a term of imprisonment. The term of imprisonment shall include the imposition of a minimum term which shall be fixed at 80% of the sentence imposed or one year, whichever is greater, during which the defendant shall be ineligible for parole.

    b. The court shall not consider or accept a negotiated plea or post- conviction agreement to resolve the charges against a person who violates the provisions of this act.

    4. This act shall take effect immediately.

STATEMENT

    This bill establishes the "Senior Citizen and Person with a Disability Protection Act." Under the provisions of the bill, any person who is convicted of a crime of violence against a senior citizen or a person with a disability, including but not limited to murder, manslaughter, aggravated sexual assault, aggravated assault, kidnapping, and robbery must serve a mandatory term of imprisonment. The term of imprisonment would be fixed at 80% of the sentence imposed or one year, whichever is greater, during which time that person would be ineligible for parole.         The bill would also ban all plea bargaining.

Establishes the "Senior Citizen and Person with a Disability Protection Act;" imposes mandatory terms of imprisonment.