SENATE, No. 1084
STATE OF NEW JERSEY
INTRODUCED MAY 9, 1996
By Senators CONNORS, BASSANO and Singer
An Act concerning a penalty imposed for convictions or juvenile adjudications of arson, amending P.L.1991, c.329 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. (New section) a. In addition to any other disposition, fine, fee or assessment imposed, any person convicted of the crime of arson pursuant to subsection a. or b. of N.J.S.2C:17-1 or an attempt to commit those crimes, or a juvenile adjudicated delinquent for an act which, if committed by an adult, would constitute those crimes, shall be assessed a penalty fixed at $1000.00 for each conviction or adjudication.
b. All penalties provided for in this section shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and shall be forwarded to the Department of the Treasury as provided in subsection c. of this section.
c. All moneys collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited into a nonlapsing revolving fund to be known as the "Arson Investigation Fund". Moneys in this fund shall be appropriated on an annual basis to the Department of Law and Public Safety for distribution to the county prosecutors based on a formula devised pursuant to subsection d. of this section.
d. The Attorney General shall establish a formula for distribution of the penalty moneys collected pursuant to this section. This formula shall be based on the number and seriousness of the arson convictions or juvenile adjudications in the county on a fiscal year basis.
2. Section 13 of P.L.1991, c. 329 (C.2C:46-4.1) is amended to read as follows:
13. Moneys that are collected in satisfaction of any assessment imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1), any penalty imposed pursuant to section 1 of P.L. c. (C. ) (now pending before the Legislature as this bill) or in satisfaction of restitution or fines imposed in accordance with the provisions of Title 2C of the New Jersey Statutes or with provisions of section 24 of P.L.1982, c.77 (2A:4A-437), shall be applied in the following order:
a. first, in satisfaction of all assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1);
b. second, in satisfaction of any restitution ordered;
c. third, in satisfaction of all assessments imposed pursuant to section 11 of P.L.1993, c.220 (C.2C:43-3.2);
d. fourth, in satisfaction of any forensic laboratory fee assessed pursuant to N.J.S.2C:35-20;
e. fifth, in satisfaction of any mandatory Drug Enforcement and Demand Reduction penalty assessed pursuant to N.J.S.2C:35-15; [ and]
f. sixth, in satisfaction of any penalty assessed pursuant to section 1 of P. L. c. (C. )(now pending before the Legislature as this bill); and
g. seventh, in satisfaction of any fine.
(cf: P.L.1995, c.281,s.3)
3. This act shall take effect immediately.
STATEMENT
This bill creates a new $1000.00 penalty to be imposed on persons convicted of the crime of arson or juveniles adjudicated delinquent for this offense. This penalty shall be collected in the same manner as other assessments and shall be given priority as set forth in section 13 of P.L. 1991, c. 329 (C. 2C:46-4.1). The moneys collected shall be deposited in the Arson Investigation Fund established in the State Treasury by this bill. These penalty moneys shall be used by the Division of Criminal Justice in the Department of Law and Public Safety to fund arson investigation efforts by county prosecutors. The Attorney General shall devise a formula for distributing the available funds among the counties based on numbers of convictions and adjudications and the seriousness of the underlying offenses.
This bill is one of a package of three bills introduced as a result of efforts of the Ocean County Prosecutor's Special Arson Investigation Task Force.
Creates new penalty for convictions or juvenile adjudications of arson; establishes Arson Investigation Fund.