This bill amends New Jersey's bias intimidation laws to include the crime of creating a false public alarm as a form of bias intimidation. Specifically, it expands the list of offenses that can be considered bias intimidation under N.J.S.2C:16-1 to include violations of N.J.S.2C:33-3, which pertains to creating false public alarms. The bill maintains the existing framework that defines bias intimidation as occurring when an individual commits certain offenses with the intent to intimidate others based on various protected characteristics, such as race, religion, or sexual orientation.

Additionally, the bill removes a previously existing provision in subsection a. of N.J.S.2C:16-1, which was deemed unconstitutionally vague by the New Jersey Supreme Court in the case of State v. Pomianek. This provision focused on the victim's perception of the defendant's intent rather than the defendant's actual state of mind. The bill clarifies the grading of bias intimidation crimes, stating that it is a fourth-degree crime if the underlying offense is a disorderly persons offense, while it is graded one degree higher for more serious offenses, with specific penalties outlined for first-degree crimes.