SENATE, No. 187

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Senators LESNIAK and McGREEVEY

An Act concerning violations of laws intended to protect the public safety amending N.J.S.2C:2-1 and supplementing Title 2C of the New Jersey Statutes.

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

    1. N.J.S.2C:2-1 is amended to read as follows:

    2C:2-1. Requirement of voluntary act; omission as basis of liability; possession as an act

    a. A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable. A bodily movement that is not a product of the effort or determination of the actor, either conscious or habitual, is not a voluntary act within the meaning of this section.

    b. Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:

    (1) The omission is expressly made sufficient by the law defining the offense; or

    (2) A duty to perform the omitted act is otherwise imposed by law, including but not limited to, laws such as the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.), the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), or any other law intended to protect the public safety or any rule or regulation promulgated thereunder.

    c. Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

(cf: N.J.S.2C:2-1)

    2. (New section) a. A person is guilty of a crime of the third degree if the person knowingly violates a law intended to protect the public health and safety or knowingly fails to perform a duty imposed by a law intended to protect the public health and safety and recklessly places another person in danger of death or serious bodily injury.

    b. A person is guilty of a crime of the fourth degree if the person knowingly violates a law intended to protect the public health and safety or knowingly fails to perform a duty imposed by a law intended to protect the public health and safety and recklessly places another person in danger of bodily injury.

    3. This act shall take effect immediately.

STATEMENT

    This bill creates a new offense. Under this new offense, a person would be guilty of a crime if the person knowingly violated a law intended to protect public safety or health or knowingly failed to perform a duty imposed by such a statute. This offense would be graded as a crime of the third degree if the offense recklessly placed another person in danger of death or serious bodily injury. If the offense recklessly placed another person in danger of bodily injury, the offense would be graded as a crime of the fourth degree. The bill also amends N.J.S.2C:2-1, which deals with omission of a duty as a basis for criminal liability, to include reference to the "Uniform Fire Safety Act" (N.J.S.A.52:27D-192 et seq.), the "Uniform Construction Code Act" (N.J.S.A.52:270-119 et seq.) and any other law intended to protect public health and any rules or regulations promulgated thereunder.

Establishes criminal offense dealing with violation of public health and safety statutes.