ASSEMBLY, No. 2472
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED FEBRUARY 14, 2022
Sponsored by:
Assemblyman GREGORY P. MCGUCKIN
District 10 (Ocean)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman ROBERT AUTH
District 39 (Bergen and Passaic)
Assemblywoman MARILYN PIPERNO
District 11 (Monmouth)
Senator JOSEPH P. CRYAN
District 20 (Union)
Co-Sponsored by:
Assemblymen Space, Wirths, Catalano, McKeon and Senator Johnson
SYNOPSIS
Establishes bribery in official and political matters applies to person soliciting, accepting, or agreeing to accept benefit as consideration to act even though not yet in office or otherwise qualified to act.
CURRENT VERSION OF TEXT
As amended on May 19, 2022 by the General Assembly pursuant to the Governor's recommendations.
An Act concerning certain acts of bribery in official and political matters, 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 1[he] the person1 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]:
“Benefit as consideration” shall be deemed to mean any benefit not authorized by law; and
1[“Public servant” shall, in addition to the definition set forth in subsection g. of N.J.S.2C:27-1, be deemed to mean any person who is a candidate for public office as defined under subsection c. of section 3 of P.L.1973, c.83 (C.19:44A-3), whose activities are subject to regulatory oversight by the Election Law Enforcement Commission, and any person elected but who has not yet assumed office]
“Prohibited act” means a direct or indirect offer, conferral or agreement to confer upon another, solicitation, or acceptance or agreement to accept from another a benefit as consideration for any of the actions set forth in subsection a., b., c., or d. of this section.
It shall not be an element of this offense that a person whose influence was sought or who sought to be influenced was, at the time of the prohibited act or thereafter, a public servant, party official, or voter, or had assumed the office or position or commenced such employment, or had jurisdiction to exercise official discretion or perform an official duty, nor shall it be an element of this offense that the person whose influence was sought or who sought to be influenced was qualified or had the capacity, ability or jurisdiction to act in the desired way1.
It is no defense to prosecution under this section that a person 1who performed a prohibited act or a person to1 whom 1[the actor sought to offer, confer, or agreed to confer a benefit as consideration to influence, or a person who acted to solicit, accept, or agree to accept a benefit as consideration for influencing specifically on behalf of an individual benefit provider] a prohibited act was directed1 was not 1able or1 qualified to act in the desired way 1for any reason1, 1[whether] including, but not limited to,1 because 1[he] the person was not a public servant, party official, or voter at the time of the prohibited act,1 had not yet assumed 1the1 office, 1or position or commenced employment1 or lacked jurisdiction1[, or for any other reason] to exercise an official duty1.
In any prosecution under this section of 1[an actor] a person1 who offered, conferred or agreed to confer, or who solicited, accepted or agreed to accept a benefit, it is no defense that 1[he] the person1 did so as a result of conduct by another constituting theft by extortion or coercion or an attempt to commit either of those crimes.
The provisions of this section concerning a solicitation, acceptance, or agreement to accept a benefit as consideration for influencing shall not be deemed to apply to any public or general campaign speech, advertisement, or other campaign activity used to generate lawful campaign contributions in accordance with applicable State and federal law, including “The New Jersey Campaign Contributions and Expenditures Reporting Act,” P.L.1973, c.83 (C.19:44A-1 et seq.).
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.