Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Clarifies that bribery statute applies to unlawful gratuities received either before or after official acts.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bribery and amending N.J.S.2C:27-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:27-2 is amended to read as follows:
2C:27-2. Bribery in Official and Political Matters. A person is guilty of bribery if he directly or indirectly offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept from another:
a. Any benefit as consideration for a decision, opinion, recommendation, vote or exercise of discretion of a public servant, party official or voter on any public issue or in any public election; or
b. Any benefit as consideration for a decision, vote, recommendation or exercise of official discretion in a judicial or administrative proceeding; or
c. Any benefit as consideration for a violation of an official duty of a public servant or party official; or
d. Any benefit as consideration for the performance of official duties.
For the purposes of this section "benefit as consideration" shall be deemed to mean:
(1) any benefit not authorized by law; and
(2) any such benefit regardless of when the benefit was received, whether before or after any decision, opinion, recommendation, vote, exercise of discretion, or violation of official duty as set forth in subsections a. through d. of this section.
It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.
In any prosecution under this section of an actor who offered, conferred or agreed to confer, or who solicited, accepted or agreed to accept a benefit, it is no defense that he did so as a result of conduct by another constituting theft by extortion or coercion or an attempt to commit either of those crimes.
Any offense proscribed by this section is a crime of the second degree. If the benefit offered, conferred, agreed to be conferred, solicited, accepted or agreed to be accepted is of the value of $200.00 or less, any offense proscribed by this section is a crime of the third degree.
(cf: P.L.1979, c.178, s.48)
2. This act shall take effect immediately.
STATEMENT
This bill amends the bribery statute to clarify that it is an offense to receive any benefits as consideration for past official acts as well as any benefits as consideration for future official acts.
Under current law, a person is guilty of bribery if he directly or indirectly offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept from another: (a) any benefit as consideration for a decision, opinion, recommendation, vote or exercise of discretion of a public servant, party official or voter on any public issue or in any public election; (b) any benefit as consideration for a decision, vote, recommendation or exercise of official discretion in a judicial or administrative proceeding; (c) any benefit as consideration for a violation of an official duty of a public servant or party official; or (d) any benefit as consideration for the performance of official duties. Under current law, the term benefit as consideration means any benefit not authorized by law.
Recently, in Snyder v. United States, 144 S. Ct. 1947 (2024), the United States Supreme Court held that the federal bribery statute only applies to criminalize instances when a benefit is given or promised before an official act, but does not apply to instances where a benefit is conferred after the official act.
This bill amends State law to make it clear that New Jerseys criminal bribery statute penalizes all instances where a person directly or indirectly offers, confers, or agrees to confer upon another, or solicits, accepts, or agrees to accept from another any benefit as consideration regardless of whether the benefit was received before or after the official act.