[Second Reprint]

SENATE, No. 187

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senators LESNIAK, McGREEVEY and Baer

 

 

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) 1a. A person is guilty of a crime of the second 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 causes death.1

    1[a.] b.1 A person is guilty of a crime of the 1[third] 2[fourth1] third2 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 1[places another person in danger of death or] causes1 serious bodily injury.

    2[b.] c.2 A person is guilty of a 1[crime of the fourth degree] 2[disorderly persons offense 1 ] crime of the fourth degree2 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 1[places another person in danger of] causes significant1 bodily injury.

 

    3. This act shall take effect immediately.

 

 

 

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