SENATE JUDICIARY COMMITTEE
STATEMENT TO
SENATE, No. 1651
with committee amendments
STATE OF NEW JERSEY
DATED: DECEMBER 16, 1996
The Senate Judiciary Committee reports favorably and with committee amendments Senate Bill No. 1651.
This bill would establish counterfeiting as a specific criminal offense in New Jersey. This offense would prohibit the intentional manufacture, use, display, advertisement, distribution, sale or possession with intent to sell goods or services bearing or identified by a counterfeit trademark. This bill would grade counterfeiting as a crime of the second, third or fourth degree dependent on the following factors: the number of items bearing the counterfeit mark; the total retail value of the items involved, or whether the offense is a first, second or third or subsequent conviction. This bill would provide enhanced fines for persons convicted of counterfeiting based on the retail value of the items involved.
The bill provides that all items bearing a counterfeit mark and all items used in connection with counterfeiting would be subject to forfeiture.
The amendments adopted by the committee were technical in nature and clarified the sentencing provisions of the bill.