SENATE, No. 1956

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 24, 1997

 

 

By Senator BUBBA

 

 

An Act clarifying the offense of leader of narcotics trafficking network and amending N.J.S.2C:35-3.

 

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

 

    1. N.J.S.2C:35-3 is amended to read as follows:

    2C:35-3. Leader of Narcotics Trafficking Network.

    As used in this section:

    "Organizer" means a person who arranges, devises, or plans a drug trafficking network.

    "Supervisor" means a person who oversees the operation of a drug-trafficking network.

    "Financier" means a person who is responsible for providing the funds or resources necessary to operate a drug trafficking network.

    "Manager" means a person who directs the operations of a drug trafficking network.

    "Upper echelon member" means a person who is superior to street-level distributors and to their immediate supervisors or suppliers and occupies a high-level position of authority in the organization and exercises substantial control over its operation.

    A person is a leader of a narcotics trafficking network if he [conspires with others as an organizer, supervisor, financier or manager, to engage for profit] , as an upper echelon member of the narcotic trafficking network, conspires with others as an organizer, supervisor, financier or manager, to engage for profit in a scheme or course of conduct to unlawfully manufacture, distribute, dispense, bring into or transport in this State methamphetamine, lysergic acid diethylamide, phencyclidine or any controlled dangerous substance classified in Schedule I or II, or any controlled substance analog thereof. Leader of narcotics trafficking network is a crime of the first degree and upon conviction thereof, except as may be provided by N.J.S.2C:35-12, a person shall be sentenced to an ordinary term of life imprisonment during which the person must serve 25 years before being eligible for parole. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, the court may also impose a fine not to exceed $500,000.00 or five times the street value of the controlled dangerous substance or controlled substance analog involved, whichever is greater.

    Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of leader of narcotics trafficking network shall not merge with the conviction for any offense which is the object of the conspiracy. Nothing contained in this section shall prohibit the court from imposing an extended term pursuant to N.J.S.2C:43-7; nor shall this section be construed in any way to preclude or limit the prosecution or conviction of any person for conspiracy under N.J.S.2C:5-2, or any prosecution or conviction under N.J.S.2C:35-4 (maintaining or operating a CDS production facility), N.J.S.2C:35-5 (manufacturing, distributing or dispensing), N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme), N.J.S.2C:35-9 (strict liability for drug induced death), N.J.S.2C:41-2 (racketeering activities) or subsection g. of N.J.S.2C:5-2 (leader of organized crime).

    It shall not be necessary in any prosecution under this section for the State to prove that any intended profit was actually realized. The trier of fact may infer that a particular scheme or course of conduct was undertaken for profit from all of the attendant circumstances, including but not limited to the number of persons involved in the scheme or course of conduct, the actor's net worth and his expenditures in relation to his legitimate sources of income, the amount or purity of the specified controlled dangerous substance or controlled substance analog involved, or the amount of cash or currency involved.

    It shall not be a defense to a prosecution under this section that such controlled dangerous substance or controlled substance analog was brought into or transported in this State solely for ultimate distribution or dispensing in another jurisdiction; nor shall it be a defense that any profit was intended to be made in another jurisdiction.

(cf: P.L.1987, c.106, s.1)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill amends N.J.S.A.2C:35-3, the "drug kingpin" statute to clarify the activities that will result in a person being a "leader of a narcotics trafficking network." This bill would clarify the intent of the statute by defining the following terms which are expressed as material elements of the crime: "organizer" would be defined as a person who arranges, devises, or plans a drug trafficking network; "supervisor" would be defined as a person who oversees the operation of a drug trafficking network; "financier" would be defined as a person who is responsible for providing the funds or resources necessary to operate a drug trafficking network; " manager" would be defined as a person who directs the operation of a drug trafficking network; and an "upper echelon member" would be defined as a person who is superior to street level distributors and to their immediate supervisors or suppliers and occupies a high-level position of authority in the organization and exercises substantial control over its operation.

    This bill is intended to reiterate the statement of policy as set forth in N.J.S.2C:35-1.1. The statement declares that the Legislature recognizes that in order for our criminal laws to be effective in the war against drugs these laws must target repeat drug offenders and the "upper echelon" member in the narcotics trafficking network.

    Furthermore, this bill is intended to codify the New Jersey Supreme Court's decision in State v. Alexander, 136 N.J. 563 (1994). In that case the Court noted that since the Legislature clearly intended that the status and the position of the defendant in the drug trafficking network be a substantive part of the crime, then the trial court should explain to the jury the statutory terms of "organizer", "supervisor", "financier" and "manager" and instruct the jury that it must find that the defendant occupies an "upper echelon" role and in that position exercises supervisory power or control over others engaged in an organized drug trafficking network. Id. at 570, 571.

 

 

 

Clarifies activities which constitute leader of a drug trafficking network.