SENATE, No. 544

STATE OF NEW JERSEY

INTRODUCED JANUARY 29, 1996

By Senator BASSANO

An Act concerning parental liability and firearms, and supplementing chapter 43 of Title 2C of the New Jersey Statutes and chapter 4A of Title 2A of the New Jersey Statutes.

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

    1. a. In any disposition involving the sentencing of a minor who, pursuant to the provisions of subsection c. of N.J.S.2C:43-6 is subject to a term of imprisonment for using or possessing a firearm during the commission of a crime, the court, in addition to sentencing the minor, may assess a fine against the parents or guardian of that minor, if the court determines that the parent or guardian knew or reasonably should have known that the minor acquired, possessed, or obtained access to the firearm in violation of law and failed or neglected to exercise proper supervision or control.

    The court shall determine the amount and method of payment of the fine assessed under the provisions of this subsection. In making that determination, the court shall take into account the financial resources of the parent or guardian and the nature of the burden that its payment will impose; provided, however, that in no case shall the amount of the fine be less than the minimum assessment authorized under section 2 of P.L.1979, c.396 (C.2C:43-3.1).

    b. The fines assessed under the provisions of this section shall be collected as provided in section 3 of P.L.1979, c.396 (C.2C:46-4) and all moneys so collected, whether in part or in full payment, shall be forwarded monthly by the parties responsible for collection, together with a monthly accounting on forms prescribed by the Violent Crimes Compensation Board pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1), to the Violent Crimes Compensation Board and shall be used in satisfying claims filed pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.).

    c. For the purposes of this section, "minor" means a person under the age of 18.

    2. a. In any disposition involving the sentencing of a juvenile who used or possessed a firearm during the commission of the offense for which he is adjudicated delinquent, the court, in addition to sentencing the juvenile, may assess a fine against the parents or guardian of that juvenile, if the court determines that the parent or guardian knew or reasonably should have known that the juvenile acquired, possessed, or obtained access to the firearm in violation of the law and failed or neglected to exercise proper supervision or control.

    The court shall determine the amount and method of payment of the fine assessed under the provisions of this subsection. In making that determination, the court shall take into account the financial resources of the parent or guardian and the nature of the burden that its payment will impose; provided, however, that in no case shall the amount of the fine be less than the minimum assessment authorized under section 2 of P.L.1979, c.396 (C.2C:43-3.1).

    b. The fines assessed under the provisions of this act shall be collected as provided in section 3 of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded monthly by the parties responsible for collection, together with a monthly accounting of forms prescribed by the Violent Crimes Compensation Board pursuant to section 19 of P.L.1991, c.329 (C.52:4B-8.1) to the Violent Crimes Compensation Board and shall be used in satisfying claims filed pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.).

    3. This act shall take effect immediately.

STATEMENT

    This bill would permit the court to assess a fine against the parent or guardian of any minor or juvenile who uses or possesses a firearm during the commission of a crime or offense.

    The court may assess such a fine only in those instances where it is determined that the parent or guardian knew or reasonably should have known that the minor or juvenile acquired, possessed, or obtained access to the firearm in violation of the law and failed or neglected to exercise proper supervision or control.

    The amount of the fine is to be set by the court, but the bill specifies that in no instance may that amount be less than the minimum amount that violators are assessed under section 2 of P.L.1979, c.396 (C.2C:43-3.1) and must pay to the Violent Crimes Compensation Board.

    The fines assessed under this bill are to be paid to the Violent Crimes Compensation Board.

    As used in this bill, a "minor" is a person under the age of 18.

Permits court to impose fines on a parent whose child uses a firearm in a crime.