LEGISLATIVE FISCAL ESTIMATE
ASSEMBLY, No. 5064
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: JUNE 21, 2023
SUMMARY
Synopsis: Establishes strict liability criminal penalties for firearm trafficking that
results in injury or death.
Type of Impact: Annual State expenditure and revenue increases.
Agencies Affected: Department of Law and Public Safety; the Judiciary; Department of
Corrections; State Parole Board; Office of the Public Defender.
Office of Legislative Services Estimate
Annual Fiscal Impact
State Cost Increase Indeterminate
State Revenue Increase Indeterminate
 The Office of Legislative Services (OLS) concludes that the bill will result in an indeterminate
annual increase in State expenditures and revenues. The OLS lacks sufficient information to
quantify the fiscal impacts as it is not possible to know how many individuals will be
prosecuted, tried, and sentenced under the provisions of the bill.
 The State may receive indeterminate annual revenue from fines and penalties imposed on
individuals violating the provisions of the bill; however, the State’s ability to collect criminal
fines and penalties has historically been limited.
BILL DESCRIPTION
This bill establishes strict liability criminal penalties for firearm trafficking that results in
serious or significant bodily injury or death from the discharge of an illegally trafficked firearm
used in the course of committing a crime.
A person who commits a firearm trafficking violation resulting in a death would be guilty of a
crime of the first degree. A person who commits a firearm trafficking violation resulting in serious
or significant bodily injury would be guilty of a crime of the second degree. A crime of the first
degree is punishable by 10 to 20 years imprisonment, a fine of up to $200,000, or both. A crime
of the second degree punishable by five to 10 years imprisonment, a fine of up to $150,000, or
Office of Legislative Services Legislative Budget and Finance Office
State House Annex Phone (609) 847-3105
P.O. Box 068 Fax (609) 777-2442
Trenton, New Jersey 08625 www.njleg.state.nj.us
 FE to A5064
2
both. Under current State law, a firearm trafficking violation can be a crime of the second or fourth
degree depending on the circumstances.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that the bill will result in an indeterminate annual increase in State
expenditures and revenues. The OLS lacks sufficient information to quantify the fiscal impacts as
it is not possible to know how many individuals will be prosecuted, tried, and sentenced under the
provisions of this bill.
The following State agencies would incur caseload and expenditure increases under the bill: a)
the Department of Law and Public Safety would likely have to prosecute additional cases because
the increased charges may make defendants reluctant to enter a guilty plea; b) the Judiciary would
have to adjudicate additional offenders and monitor additional probationers because conviction for
crimes of a higher degree could create a reluctance for a defendant to enter a guilty plea, thereby
generating additional court costs; c) the Office of the Public Defender would have to represent
additional low-income criminal defendants; d) the Department of Corrections would have to house
and care for more individuals sentenced to prison terms, and potentially longer prison terms; and
e) the State Parole Board would have to supervise the return to society of additional convicts.
A presumption of non-incarceration applies to crimes of the third and fourth degree but not to
crimes of the first and second degree. The OLS notes that to the extent that the bill will result in
additional incarcerations or incarcerations for longer periods of time, based on information
provided by the Department of Corrections, the FY 2021 average annual costs for housing an
inmate were $55,389, whereas the average daily cost was $151.75. The OLS, however, cannot
project the number of future prosecutions, trials, and incarcerations that will occur based on the
provisions of this bill.
Additional indeterminate annual State revenue will accrue from fine and penalty payments
from convicted violators of the bill’s provisions. Crimes of the first degree are punishable by a
fine of up to $200,000, a term of imprisonment between 10 years and 20 years, or both. Crimes
of the second degree are punishable by a fine of up to $150,000, a term of imprisonment of five to
10 years, or both. The OLS cannot determine the number of convictions under the bill, and by
extension, the total of any resultant fine and penalty revenue. The OLS additionally notes that due
to financial constraints of those convicted of crimes, many penalties go unpaid.
Section: Law and Public Safety
Analyst: Kristin Brunner Santos
Lead Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
 FE to A5064
3
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).