ASSEMBLY RESOLUTION No. 112

STATE OF NEW JERSEY

INTRODUCED JUNE 20, 1996

By Assemblywoman ALLEN, Assemblymen KRAMER, DeSopo, Bucco, Garrett, Bodine, Assemblywoman Bark, Assemblymen Geist, Wolfe, Blee, Gregg, Assemblywomen Crecco, Heck, Assemblymen Malone and LeFevre

An Assembly Resolution respectfully petitioning the United States District Court of the District of New Jersey to expedite a decision on the constitutionality of P.L.1994, c.128 (C.2C:7-6 et seq.), popularly known as "Megan's Law."

Whereas, The United States District Court of the District of New Jersey has issued a blanket freeze prohibiting the State of New Jersey from exercising its statutory responsibility under the provisions of P.L.1994, c.128 (C.2C:7-6 et seq.), or as it is popularly known, "Megan's Law," to publicly notify local residents of sex criminals living in their neighborhoods and communities; and

Whereas, While this court decision does not affect the State's authority to require sex offenders to register with the office of the of the prosecutor of the county in which they reside, it does frustrate the Legislature's intent to protect the citizens of this State, especially the children, from becoming innocent victims of crime by publicly alerting organizations, institutions and individuals in neighborhoods whenever the most violent and potentially threatening of sex criminals establish residence in those communities; and

Whereas, In light of the fact that this ruling prohibiting public     notification is scheduled to expire July 3, 1996, it is essential that     the court act in a timely manner to resolve all uncertainty               concerning the State's constitutional authority to provide such     public notice and information concerning the residencies of certain     sex offenders; and

Whereas, It is altogether fitting and proper, and within the public interest, for this House to respectfully petition the United States District Court for the District of New Jersey to expedite the rendering of its decision on the constitutionality of P.L.1994, c.128 (C.2C:7-6 et seq.), popularly known as "Megan's Law," to remove all doubt and uncertainty concerning the State's authority to provide public notice and information concerning the residencies of certain sex offenders; now, therefore,

    Be It Resolved by the General Assembly of the State of New Jersey:

    1. The General Assembly of the State of New Jersey, on behalf of the citizens of this State, respectfully petitions the United States District Court of the District of New Jersey to expedite the rendering of its decision on the constitutionality of P.L.1994, c.128 (C.2C:7-6 et seq.), popularly known as "Megan's Law," to remove all doubt and uncertainty concerning the State's authority to provide public notice and information concerning the residencies of certain sex offenders.

    2. A copy of this resolution, signed by the Speaker of the General Assembly and attested by the Clerk thereof, shall be transmitted to the Clerk of the United States District Court for the District of New Jersey.

STATEMENT

    With this resolution, the General Assembly of the State of New Jersey respectfully petitions the United States District Court of the District of New Jersey to expedite the rendering of its decision on the constitutionality of P.L.1994, c.128 (C.2C:7-6 et seq.), popularly known as "Megan's Law." The specific issue is whether the State has the constitutional authority to provide public notification concerning the residencies of certain sex criminals.

    In April, 1996, U.S. District Judge John W. Bissell extended a blanket freeze prohibiting the State of New Jersey from fulfilling its statutory responsibility under the provisions of "Megan's Law" to provide public notice to neighborhood organizations and institutions, and in some instances individuals, that certain "high-risk" sex criminals were residents of their communities. The purpose of this public notification procedure was to protect the citizens of the State, especially the children, from becoming the innocent victims of crime.

    The public notification program is an integral part of the protective framework the Legislature envisioned when enacting "Megan's Law." Until the U.S. District Court renders its decision on whether or not such public notification is a valid exercise of the State's authority to protect its citizens, the situation is untenable for all parties. It is, therefore, fitting and proper, and within the public interest, for this House to respectfully petition the U.S. District to expedite the rendering of its decision on the constitutionality of "Megan's Law."

Petitions U.S. District Court to expedite decision on constitutionality of Megan's Law.