[First Reprint]

SENATE SUBSTITUTE FOR

SENATE, Nos. 88 and 559

STATE OF NEW JERSEY

ADOPTED MAY 22, 1997

Sponsored by Senators LIPMAN, BENNETT, CAFIERO, Matheussen, Inverso, Sinagra, Bubba, Kosco, Baer and Sacco

An Act concerning assaults on victims of domestic violence and amending ¹[N.J.S.2C:12-1] N.J.S. 2C:29-9¹.

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

      ¹[1. N.J.S.2C:12-1 is amended to read as follows:

      2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:

      (1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

      (2) Negligently causes bodily injury to another with a deadly weapon; or

      (3) Attempts by physical menace to put another in fear of imminent serious bodily injury.

      Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

      b. Aggravated assault. A person is guilty of aggravated assault if he:

      (1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

      (2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

      (3) Recklessly causes bodily injury to another with a deadly weapon; or

      (4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or

      (5) Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:

      (a) Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or

      (b) Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or

      (c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or

      (d) Any school board member or school administrator, teacher or other employee of a school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a school board; or

      (e) Any employee of the Division of Youth and Family Services while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or

      (f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or

       (g) Any person eligible for protection from the assailant under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) or under the provisions of P.L.1981, c.426 (C.2C:25-1 et seq.); or

      (6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this subsection upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person; or

      (7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury.

      Aggravated assault under subsections b. (1) and b. (6) is a crime of the second degree; under subsections b. (2) and b. (7) is a crime of the third degree; under subsections b. (3) and b. (4) is a crime of the fourth degree; and under subsection b. (5) is a crime of the third degree if the victim suffers bodily injury, or if the victim is known or believed to be pregnant, otherwise it is a crime of the fourth degree.

      c. A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.

      As used in this section, "vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.

      d. A person who is employed by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

      e. A person who commits a simple assault as defined in subsection a. of this section is guilty of a crime of the fourth degree if the person acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity.

(cf: P.L.1997, c.42)]¹

      1. N.J.S.2C:29-9 is amended to read as follows:

     2C:29-9. Contempt. a. A person is guilty of a crime of the fourth degree if he purposely or knowingly disobeys a judicial order or hinders, obstructs or impedes the effectuation of a judicial order or the exercise of jurisdiction over any person, thing or controversy by a court, administrative body or investigative entity.

    b. Except as provided below, a person is guilty of a crime of the [fourth] third degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or any provision of a valid restraining order from another jurisdiction when the conduct which constitutes the violation could also constitute a crime or [a] the disorderly persons offense of assault. A person is guilty of a crime of the fourth degree if that person purposely or knowingly violates any provision in an order entered under the provisions of the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et al.) or any provision of a valid restraining order from another jurisdiction when the conduct which constitutes the violation could also constitute a disorderly persons offense other than assault. In all other cases a person is guilty of a disorderly persons offense if that person knowingly violates an order entered under the provisions of this act. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of P.L.1991, c.261 (C.2C:25-29) shall be excluded from the provisions of this subsection.¹

(cf. P.L. 1991, c.261)

      2. This act shall take effect immediately.

Upgrades the crime of contempt of an order entered under the "Prevention of Domestic Violence Act of 1991" to a crime of the third degree.