S2008 1R

An Act concerning violence against health care professionals ¹[and] ,¹ amending ¹N.J.S.2C:44-1,¹ and supplementing ¹[various parts of the statutory law] Title 2C of the New Jersey Statutes and P.L.1971, c.136 (C.26:2H-1 et seq.)¹.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) This act may be known and may be cited as the “Health Care Heroes Violence Prevention Act.”

2. N.J.S.2C:44-1 is amended to read as follows:

2C:44-1. a. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances:

(1) The nature and circumstances of the offense, and the role of the actor in committing the offense, including whether or not it was committed in an especially heinous, cruel, or depraved manner;

(2) The gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance;

(3) The risk that the defendant will commit another offense;

(4) A lesser sentence will depreciate the seriousness of the defendant's offense because it involved a breach of the public trust under chapters 27 and 30 of this title, or the defendant took advantage of a position of trust or confidence to commit the offense;

(5) There is a substantial likelihood that the defendant is involved in organized criminal activity;

(6) The extent of the defendant's prior criminal record and the seriousness of the offenses of which the defendant has been convicted;

(7) The defendant committed the offense pursuant to an agreement to either pay or be paid for the commission of the offense and the pecuniary incentive was beyond that inherent in the offense itself;

(8) The defendant committed the offense against a police or other law enforcement officer, correctional employee or firefighter, acting in the performance of the officer, employee, or firefighter duties while in uniform or exhibiting evidence of his authority; the defendant committed the offense because of the status of the victim as a public servant; ¹[or]¹ the defendant committed the offense against a sports official, athletic coach or manager, acting in or immediately following the performance of the person's duties or because of the person's status as a sports official, coach or manager; or the defendant committed the offense against any ¹[worker employed by a licensed health care facility or a]¹ health care professional ¹[licensed or otherwise authorized pursuant to Title 26 or Title 45 of the New Jersey Statutes to practice a health care profession while clearly identifiable as being engaged in the duties of providing direct patient care, practicing the health care profession, or any other professional duties] , volunteer working for a health care professional or working at a health care facility, or employee of a health care professional or health care facility, while the health care professional, volunteer, or employee is performing official duties.

For the purposes of this paragraph, “health care facility” and “health care professional” mean the same as those terms are defined in subsection b. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill)¹ ;

(9) The need for deterring the defendant and others from violating the law;

(10) The offense involved fraudulent or deceptive practices committed against any department or division of State government;

(11) The imposition of a fine, penalty, or order of restitution without also imposing a term of imprisonment would be perceived by the defendant or others merely as part of the cost of doing business, or as an acceptable contingent business or operating expense associated with the initial decision to resort to unlawful practices;

(12) The defendant committed the offense against a person who the defendant knew or should have known was 60 years of age or older, or disabled;

(13) The defendant, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a stolen motor vehicle;

(14) The offense involved an act of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), committed in the presence of a child under 16 years of age; and

(15) The offense involved an act of domestic violence, as that term is defined in subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19) and the defendant committed at least one act of domestic violence on more than one occasion.

b. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court may properly consider the following mitigating circumstances:

(1) The defendant's conduct neither caused nor threatened serious harm;

(2) The defendant did not contemplate that the defendant's conduct would cause or threaten serious harm;

(3) The defendant acted under a strong provocation;

(4) There were substantial grounds tending to excuse or justify the defendant's conduct, though failing to establish a defense;

(5) The victim of the defendant's conduct induced or facilitated its commission;

(6) The defendant has compensated or will compensate the victim of the defendant's conduct for the damage or injury that the victim sustained, or will participate in a program of community service;

(7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present offense;

(8) The defendant's conduct was the result of circumstances unlikely to recur;

(9) The character and attitude of the defendant indicate that the defendant is unlikely to commit another offense;

(10) The defendant is particularly likely to respond affirmatively to probationary treatment;

(11) The imprisonment of the defendant would entail excessive hardship to the defendant or the defendant's dependents;

(12) The willingness of the defendant to cooperate with law enforcement authorities;

(13) The conduct of a youthful defendant was substantially influenced by another person more mature than the defendant; and

(14) The defendant was under 26 years of age at the time of the commission of the offense.

c. (1) A plea of guilty by a defendant or failure to so plead shall not be considered in withholding or imposing a sentence of imprisonment.

(2) When imposing a sentence of imprisonment the court shall consider the defendant's eligibility for release under the law governing parole, including time credits awarded pursuant to Title 30 of the Revised Statutes, in determining the appropriate term of imprisonment.

d. Presumption of imprisonment. The court shall deal with a person who has been convicted of a crime of the first or second degree, or a crime of the third degree where the court finds that the aggravating factor in paragraph (5), (14), or (15) of subsection a. of this section applies, by imposing a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that the defendant's imprisonment would be a serious injustice which overrides the need to deter such conduct by others. Notwithstanding the provisions of subsection e. of this section, the court shall deal with a person who has been convicted of theft of a motor vehicle or of the unlawful taking of a motor vehicle and who has previously been convicted of either offense by imposing a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that imprisonment would be a serious injustice which overrides the need to deter such conduct by others.

e. The court shall deal with a person convicted of an offense other than a crime of the first or second degree, who has not previously been convicted of an offense, without imposing a sentence of imprisonment unless, having regard to the nature and circumstances of the offense and the history, character, and condition of the defendant, it is of the opinion that imprisonment is necessary for the protection of the public under the criteria set forth in subsection a. of this section, except that this subsection shall not apply if the court finds that the aggravating factor in paragraph (5), (14) or (15) of subsection a. of this section applies or if the person is convicted of any of the following crimes of the third degree: theft of a motor vehicle; unlawful taking of a motor vehicle; eluding; strict liability vehicular homicide pursuant to section 1 of P.L.2017, c.165 (C.2C:11-5.3); if the person is convicted of a crime of the third degree constituting use of a false government document in violation of subsection c. of section 1 of P.L.1983, c.565 (C.2C:21-2.1); if the person is convicted of a crime of the third degree constituting distribution, manufacture or possession of an item containing personal identifying information in violation of subsection b. of section 6 of P.L.2003, c.184 (C.2C:21-17.3); if the person is convicted of a crime of the third or fourth degree constituting bias intimidation in violation of N.J.S.2C:16-1; if the person is convicted of a crime of the third degree under paragraph (12) of subsection b. of N.J.S.2C:12-1 or section 2 of P.L.1997, c.111 (C.2C:12-1.1); or if the person is convicted of a crime of the third or fourth degree under the provisions of section 1 or 2 of P.L.2007, c.341 (C.2C:33-29 or C.2C:33-30).

f. Presumptive Sentences. (1) Except for the crime of murder, unless the preponderance of aggravating or mitigating factors, as set forth in subsections a. and b. of this section, weighs in favor of a higher or lower term within the limits provided in N.J.S.2C:43-6, when a court determines that a sentence of imprisonment is warranted, it shall impose sentence as follows:

(a) To a term of 20 years for aggravated manslaughter or kidnapping pursuant to paragraph (1) of subsection c. of N.J.S.2C:13-1 when the offense constitutes a crime of the first degree;

(b) Except as provided in subparagraph (a) of this paragraph to a term of 15 years for a crime of the first degree;

(d) To a term of four years for a crime of the third degree; and

(e) To a term of nine months for a crime of the fourth degree.

In imposing a minimum term pursuant to subsection b. of N.J.S.2C:43-6, the sentencing court shall specifically place on the record the aggravating factors set forth in this section which justify the imposition of a minimum term.

Unless the preponderance of mitigating factors set forth in subsection b. weighs in favor of a lower term within the limits authorized, sentences imposed pursuant to paragraph (1) of subsection a. of N.J.S.2C:43-7 shall have a presumptive term of life imprisonment. Unless the preponderance of aggravating and mitigating factors set forth in subsections a. and b. of this section weighs in favor of a higher or lower term within the limits authorized, sentences imposed pursuant to paragraph (2) of subsection a. of N.J.S.2C:43-7 shall have a presumptive term of 50 years' imprisonment; sentences imposed pursuant to paragraph (3) of subsection a. of N.J.S.2C:43-7 shall have a presumptive term of 15 years' imprisonment; and sentences imposed pursuant to paragraph (4) of subsection a. of N.J.S.2C:43-7 shall have a presumptive term of seven years' imprisonment.

In imposing a minimum term pursuant to subsection b. of N.J.S.2C:43-7, the sentencing court shall specifically place on the record the aggravating factors set forth in this section which justify the imposition of a minimum term.

(2) In cases of convictions for crimes of the first or second degree where the court is clearly convinced that the mitigating factors substantially outweigh the aggravating factors and where the interest of justice demands, the court may sentence the defendant to a term appropriate to a crime of one degree lower than that of the crime for which the defendant was convicted. If the court does impose sentence pursuant to this paragraph, or if the court imposes a noncustodial or probationary sentence upon conviction for a crime of the first or second degree, the sentence shall not become final for 10 days in order to permit the appeal of the sentence by the prosecution.

g. Imposition of Noncustodial Sentences in Certain Cases. If the court, in considering the aggravating factors set forth in subsection a. of this section, finds the aggravating factor in paragraph (2), (5), (10), or (12) of subsection a. of this section and does not impose a custodial sentence, the court shall specifically place on the record the mitigating factors which justify the imposition of a noncustodial sentence.

h. Except as provided in section 2 of P.L.1993, c.123 (C.2C:43-11), the presumption of imprisonment as provided in subsection d. of this section shall not preclude the admission of a person to the Intensive Supervision Program, established pursuant to the Rules Governing the Courts of the State of New Jersey.

(cf: P.L.2020, c.110, s.1)

3. (New section) a. A person commits a disorderly persons offense if the ¹[individual] person¹ orally or in writing:

(1) knowingly and willfully makes a threat against any ¹[person employed by a health care facility, which is licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.)] health care professional, volunteer working for a health care professional or working at a health care facility, or employee of a health care professional or health care facility¹, with the intent to intimidate, interfere with, or impede the ¹health care professional, volunteer, or employee in the¹ performance of ¹the health care professional’s, volunteer’s, or employee’s¹ official duties; or

(2) knowingly sends, delivers, or makes for the purpose of sending or delivering a threat prohibited pursuant to paragraph (1) of this subsection.

b. For ¹the¹ purposes of this section:

(1) “health care professional” means a person licensed ¹[,] or¹ certified ¹[, registered, or otherwise authorized] to practice a health care profession¹ pursuant to Title 45 or Title 52 of the Revised Statutes ¹[, or by any principal department of the Executive Branch of State government or any entity within any department or any other entity created to license or otherwise regulate a health care profession. "Health care professional" shall include, but shall not be limited to, health care professionals regulated by the following entities: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy Examiners, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the Occupational Therapy Advisory Council and the Certified Psychoanalysts Advisory Committee]¹.

(2) “health care facility” means a ¹[general or special hospital or nursing home] health care facility¹ licensed ¹[by the Department of Health]¹ pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), a State or county psychiatric hospital, ¹[or]¹ a State developmental center ¹, or a health care service firm registered by the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to P.L.1960, c.39 (C.56:8-1 et seq.)¹.

4. (New section) a. In addition to any fine imposed pursuant to N.J.S.2C:43-3 or any term of imprisonment pursuant to N.J.S.2C:43-6, the court may order any defendant who commits an assault pursuant to N.J.S.2C:12-1 against any ¹[person employed by a health care facility, which is licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.)] health care professional, volunteer working for a health care professional or working at a health care facility, or employee of a health care professional or health care facility¹, while ¹the health care professional, volunteer, or employee is¹ performing official duties ¹,¹ to satisfactorily complete an anger management course.

b. The court may order a defendant to participate in an anger management course of up to 12 months ¹duration pursuant to this section¹.

c. A defendant shall pay the enrollment cost of ¹[the ordered] an¹ anger management course ¹ordered pursuant to this section¹ .

d. A defendant sentenced to an anger management course ¹purusant to this section¹ shall have one year to comply with the court order. Failure to satisfactorily complete the course within one year shall constitute a violation of the order. Any defendant who fails to comply with the court order requiring an anger management course may be subject to an additional penalty of up to $500.

e. The Administrative Office of the Courts shall develop and approve a list of eligible anger management courses that may provide anger management services to any person ordered to participate pursuant to this section.

f. The Administrative Office of the Courts shall establish standards and procedures for certification of anger management courses required pursuant to this section.

5. (New section) a. Notwithstanding the term of imprisonment provided in N.J.S.2C:43-6 or any fine imposed pursuant to N.J.S.2C:43-3, ¹[any person] a defendant¹ convicted of assault, pursuant to N.J.S.2C:12-1, against any ¹[person employed by a health care facility, which is licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.)] health care professional, volunteer working for a health care professional or working at a health care facility, or employee of a health care professional or health care facility¹, while ¹the health care professional, volunteer, or employee is¹ performing official duties ¹,¹ may be sentenced to community service.

b. The court may order the ¹[person] defendant¹ to perform community service ¹pursuant to this section¹ in lieu of part of the ¹[person’s] defendant’s¹ period of incarceration. The court ¹[shall] may¹ impose a term of community service of up to 30 days.

c. The Administrative Office of the Courts shall establish standards and procedures for ¹the¹ certification of community service ¹[for any person] organizations and providers to which a defendant may be¹ sentenced pursuant to this section.

6. (New section) a. As used in this section, “health care facility” means ¹[a general or special hospital or nursing home licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), a State or county psychiatric hospital, or a State developmental center] the same as defined in subsection b. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill)¹.

b. A health care facility shall prominently display a written notice in a conspicuous public location that contains the following or substantially similar statement: “It is a crime to assault a health care ¹[worker] professional, any volunteer working for a health care professional or working at a health care facility, or any employee of a health care professional or a health care facility while the health care professional, volunteer, or employee is performing official duties¹. Any person who assaults a health care ¹[worker] professional, volunteer, or employee in violation of this prohibition¹ shall be subject to a fine, imprisonment, or both under the New Jersey Code of Criminal Justice, N.J.S.2C:1-1 et seq.”

c. The Commissioner of Health may adopt rules and regulations, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this section.

¹7. (New section) a. A physician responsible for managing a professional physician practice shall prominently display a written notice in a conspicuous public location that contains the following or substantially similar statement: “It is a crime to assault a health care professional, any volunteer working for a health care professional or working at a health care facility, or any employee of a health care professional or a health care facility, while the health care professional, volunteer, or employee is performing official duties. Any person who assaults a health care professional, volunteer, or employee in violation of this prohibition shall be subject to a fine, imprisonment, or both under the New Jersey Code of Criminal Justice, N.J.S.2C:1-1 et seq.”

b. The Board of Medical Examiners may adopt rules and regulations, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this section.¹

¹[7.] 8.¹ This act shall take effect immediately.