This bill amends N.J.S.2C:16-1 to expand the definition of bias intimidation to include the crime of creating a false public alarm, as specified under N.J.S.2C:33-3. Currently, bias intimidation applies to various offenses committed with the intent to intimidate individuals or groups based on characteristics such as race, religion, gender, and sexual orientation. The bill also removes a previously existing provision that was deemed unconstitutionally vague by the New Jersey Supreme Court in the case of State v. Pomianek, which focused on the victim's perception rather than the defendant's state of mind.

Under the revised law, bias intimidation remains a crime of the fourth degree if the underlying offense is a disorderly persons or petty disorderly persons offense. For other offenses, bias intimidation is classified as one degree higher than the most serious underlying crime, with specific penalties for first-degree crimes. The bill emphasizes that a conviction for bias intimidation will not merge with a conviction for the underlying offense, ensuring separate sentences for each. Additionally, the court may impose further penalties, such as sensitivity training or counseling, on those convicted of bias intimidation.