ASSEMBLY RESOLUTION No. 113

STATE OF NEW JERSEY

INTRODUCED JUNE 20, 1996

By Assemblymen STANLEY, JONES, Cohen, Steele, T. Smith, Doria, DiGaetano, Assemblywoman Turner, Assemblyman Caraballo and Assemblywoman Gill

An Assembly Resolution memorializing Congress to expedite passage of H.R. 3525, the "Church Arson Prevention Act of 1996."

Whereas, Since January, 1995, more than 30 predominantly black churches in southern states have been damaged or destroyed by fire; and

Whereas, These fires have been under active investigation by federal and state officials; and

Whereas, On May 21, 1996, the House Judiciary Committee conducted a hearing to focus on these incidents and to hear reports on the status of the various investigations underway; and

Whereas, During the hearing, the Department of Justice indicated that the principal statute used to prosecute church arson imposes an interstate commerce requirement which exceeds constitutional requirements and restricts the effectiveness of the statute in these cases; and

Whereas, The Justice Department has indicated that in the majority of these cases, the government is unable to establish the commerce clause requirement which calls for some interstate connection in the commission of the offense; and

Whereas, On May 23, 1996, Congressman Hyde introduced H.R.3525, which would broaden the authority of the federal government to seek criminal penalties in these cases; and

Whereas, H.R.3525 further proposes to reduce the dollar amount of the destruction which must occur before the crimes can be federally prosecuted from a current level of $10,000, to $5,000, with the probability of a threshold dollar amount being eliminated altogether according to a statement issued by the sponsor; and

Whereas, The passage of this legislation would facilitate the investigation of these crimes and the prosecution and conviction of the persons responsible now, therefore,

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

    1. This House memorializes the Congress of the United States to expedite passage of H.R.3525 which broadens the jurisdictional authority of the Federal government to seek criminal penalties in church arson cases.

    2. A duly authenticated copy of this resolution, signed by the Speaker of the General Assembly, and attested by the Clerk of the General Assembly, shall be forwarded to each member of the United States Congress elected from the State of New Jersey.

STATEMENT

    This resolution memorializes the Congress of the United States to expedite passage of H.R.3525, a bill to broaden the authority of the federal government in church arson cases and which reduces the amount of damage required for a federal prosecution from $10,000 to $5,000.

Memorializes Congress to expedite passage of H.R.3525.