Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Establishes order of protection for current or former judge; upgrades and clarifies harassment against current or former judge; bars firearms possession by persons against whom current or former judge order of protection is entered.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning security for certain judges and amending N.J.S.2C:33-4, N.J.S.2C:58-3 and P.L.2013, c.272 and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:33-4 is amended to read as follows:
2C:33-4. Harassment.
Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:
a. Makes, or causes to be made, [a more communication or] one or more communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;
b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or
c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.
A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.
d. (Deleted by amendment, P.L.2001, c.443).
e. A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States or he knowingly directs such action to a current or former judge that relates to the performance of the judge s public duties.
(cf: P.L.2001, c.443, s.3)
2. Section 1 of P.L.2013, c.272 (2C:33-4.1) is amended to read as follows:
1. a. A person commits the crime of cyber-harassment if, while making [a] one or more [communication] communications in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person:
(1) threatens to inflict injury or physical harm to any person or the property of any person;
(2) knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or
(3) threatens to commit any crime against the person or the person's property.
b. Cyber-harassment is a crime of the fourth degree, unless the person is 21 years of age or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor, in which case it is a crime of the third degree.
c. If a minor under the age of 16 is adjudicated delinquent for cyber-harassment, the court may order as a condition of the sentence that the minor, accompanied by a parent or guardian, complete, in a satisfactory manner, one or both of the following:
(1) a class or training program intended to reduce the tendency toward cyber-harassment behavior; or
(2) a class or training program intended to bring awareness to the dangers associated with cyber-harassment.
d. A parent or guardian who fails to comply with a condition imposed by the court pursuant to subsection c. of this section is a disorderly person and shall be fined not more than $25 for a first offense and not more than $100 for each subsequent offense.
e. A person commits a crime of the fourth degree if in committing an offense under this section he knowingly directs such action to a current or former judge that relates to the performance of the judge s public duties.
(cf: P.L.2013, c.272, s.1)
3. (New section) a. Upon report to law enforcement of a crime, including but not limited to, Homicide, N.J.S.2C:11-1 et seq.; Assault, N.J.S.2C:12-1; Terroristic Threats, N.J.S.2C:12-3; Kidnapping, N.J.S.2C:13-1; Criminal Restraint, N.J.S.2C:13-2; False Imprisonment, N.J.S.2C:13-3; Sexual Assault, N.J.S.2C:14-2; Criminal Sexual Contact, N.J.S.2C:14-3; Lewdness, N.J.S.2C:14-4; Criminal Mischief, N.J.S.2C:17-3; Burglary, N.J.S.2C:18-2; Criminal Trespass, N.J.S.2C:18-3; Harassment, N.J.S.2C:33-4; Stalking, section 1 of P.L.1992, c.209 (C.2C:12-10); Criminal Coercion, N.J.S.2C:13-5; Robbery, N.J.S.2C:15-1; Arson, N.J.S.2C:17-1; Prohibited Weapons and Devices, N.J.S.2C:39-3; Filing or Recording False Document, Lien, Encumbrance or Court Action, section 7 of P.L.2015, c.59 (C.2C:21-42), or threat thereof, against a current or former judge and a finding by law enforcement that there is a nexus between the alleged crime reported and the performance of the current or former judge s public duties, law enforcement may petition the Superior Court for emergency, ex parte relief in the form of a temporary order of protection on behalf of the current or former judge.
b. The court may issue a temporary protection order upon good cause shown in sworn testimony or petition by the law enforcement officer. The temporary protection order shall remain in effect until a judge issues a further order.
c. Emergency relief granted in the temporary protection order may include forbidding the defendant from returning to the scene of the alleged crime, prohibiting the defendant from having any contact with the judge or the judge s friends, co-workers, or relatives in any way, forbidding the defendant from possessing any firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1, ordering the search for and seizure of any firearm or other weapon at any location where the court has reasonable cause to believe the weapon is located and the seizure of any firearms purchaser identification card or permit to purchase a handgun issued to the defendant. The court shall state with specificity the reasons for and the scope of any search and seizure authorized by the order.
d. An order granting emergency relief, together with the petition, shall be immediately served upon the defendant and forwarded to the appropriate law enforcement agencies for the municipalities in which the victim and the defendant reside.
4. (New section) a. A hearing shall be held in the Superior Court within 10 days of the filing of the petition in the county where the ex parte temporary protection order was issued, unless good cause is shown for the hearing to be held elsewhere. At the hearing the standard for proving the allegations in the petition shall be a preponderance of the evidence. In determining whether a final order of protection should be granted the court shall consider but not be limited to the previous history between the current or former judge and the defendant, including threats, harassment, and physical intimidation; and the existence of immediate danger to person or property.
b. The court shall grant any relief necessary to protect the victim from f