STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblywoman McCoy
SYNOPSIS
Prohibits institutions of higher education and degree-granting proprietary institutions from using applications for admission that inquire about applicants criminal history; establishes Universal College Application Development Task Force to develop standard application for admission.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act prohibiting certain higher educational institutions from inquiring about an applicants criminal history, establishing the Universal College Application Development Task Force, and supplementing Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Except as provided in subsection c. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), an application for admission used by any institution of higher education or degree-granting proprietary institution in the State shall not have any question related to, or otherwise contain a request for information about, the criminal history, including the juvenile criminal history, of a prospective student. The provisions of this section shall not apply to an application for admission to a law school.
2. a. The Secretary of Higher Education shall adopt and make available to each public and independent institution of higher education, excluding law schools, and to each degree-granting proprietary institution in the State the standard application developed by the Universal College Application Development Task Force established pursuant to section 4 of P.L. , c. (pending before the Legislature as this bill) as soon as practicable after the task force submits its report pursuant to section 8 of P.L. , c. (pending before the Legislature as this bill). The standard application shall enable an applicant to apply to any public or independent institution of higher education, excluding law school, and to any degree-granting proprietary institution in the State.
b. Except as provided in subsection c. of this section, the standard application developed by the task force shall not have any question related to, or otherwise contain a request for information about, the criminal history, including the juvenile criminal history, of a prospective student.
c. Notwithstanding the provisions of subsection b. of this section, the standard application developed by the task force and used by an institution to determine an applicants admission to the institution shall be entitled to inquire about an applicants record of conviction for the following crimes specified in the New Jersey Code of Criminal Justice: N.J.S.2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in N.J.S.2C:11-5 and strict liability vehicular homicide as specified in section 1 of P.L.2017, c.165 (C.2C:11-5.3); N.J.S.2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); subsection a. of N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact); if the victim is a minor, subsection b. of N.J.S.2C:14-3 (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False Imprisonment); N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related Offenses); subsection a. of N.J.S.2C:24-4 (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child, or causing the child other harm); paragraph (4) of subsection b. of N.J.S.2C:24-4 (Photographing or filming a child in a prohibited sexual act or for portrayal in a sexually suggestive manner); paragraph (3) of subsection b. of N.J.S.2C:24-4 (Causing or permitting a child to engage in a prohibited sexual act or the simulation of an act, or to be portrayed in a sexually suggestive manner); subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child); subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Possessing or viewing items depicting the sexual exploitation or abuse of a child); section 8 of P.L.2017, c.141 (C.2C:24-4.1) (Leader of a child pornography network); N.J.S.2C:28-1 (Perjury); N.J.S.2C:28-2 (False Swearing); paragraph (4) of subsection b. of N.J.S.2C:34-1 (Knowingly promoting the prostitution of the actor's child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.
3. a. In the event that a student elects to use the Common Application developed and administered by the not-for-profit membership organization, The Common Application, Inc., when applying for admission to an institution of higher education, excluding law school, or a degree-granting proprietary institution, the institution may accept the application in lieu of the standard application developed by the Universal College Application Development Task Force established pursuant to section 4 of P.L. , c. (pending before the Legislature as this bill) provided that the common application does not have any question related to, or otherwise contain a request for information about, the criminal history, including the juvenile criminal history, of a prospective student except as provided in subsection c. of section 2 of P.L.