SENATE, No. 3821

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED MAY 11, 2023

 


 

Sponsored by:

Senator  JOSEPH P. CRYAN

District 20 (Union)

 

 

 

 

SYNOPSIS

     Provides that recording of violent act or distribution of such recording constitutes crime of inciting violence under certain circumstances; requires juvenile accused of such offense to be tried as adult.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning recording of certain violent acts 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. a. A person is guilty of inciting violence, a crime of the third degree, if the person records in any manner; reproduces or distributes a recording of; or conspires with another person to record, or to reproduce or distribute a recording of, an act of violence, with the purpose to urge or incite another to commit the act of violence or as part of a scheme or course of conduct undertaken with the purpose of committing the act of violence. 

     b. As used in this section, “act of violence” means the commission or attempt to commit any of the following offenses:

     (1)   aggravated assault or simple assault as set forth in N.J.S.2C:12-1;

     (2)   terroristic threats as set forth in N.J.S.2C:12-3;

     (3)   endangering the welfare of a child as set forth in N.J.S.2C:24-4;

     (4)   kidnapping as set forth in N.J.S.2C:13-1;

     (5)   murder as set forth in N.J.S.2C:11-3;

     (6)   aggravated manslaughter or manslaughter as set forth in N.J.S.2C:11-4; or

     (7)   aggravated sexual assault or sexual assault as set forth in N.J.S.2C:14-2.

    

     2. a. Notwithstanding the provisions of section 1 of P.L.2015, c.89 (C.2A:4A-26.1) or any other law, the Chancery Division, Family Part shall waive jurisdiction of a juvenile delinquency case without the juvenile's consent and shall refer the case to the appropriate court and prosecuting authority having jurisdiction if: 

     (1)   The juvenile was 15 years of age or older at the time of the alleged delinquent act; and

     (2) There is probable cause to believe that the juvenile committed a delinquent act which, if committed by an adult, would constitute the crime of inciting violence, as set forth in section 1 of P.L.    , c.        (C.        ) (pending before the Legislature as this bill).         

     b.    Upon waiver of jurisdiction and referral to the appropriate court and prosecuting authority having jurisdiction:

     (1)   The case shall proceed as if it originated in that court and shall be subject to the sentencing provisions available to that court; provided, however, upon conviction for the offense set forth in subsection a. of this section, there shall be a presumption that the juvenile shall serve any custodial sentence imposed in a State juvenile facility operated by the Juvenile Justice Commission until the juvenile reaches the age of 21, except that:

     (a)   a juvenile who has not reached the age of 21 may, in the discretion of the Juvenile Justice Commission, be transferred to the Department of Corrections in accordance with the plan established pursuant to subsection e. of section 7 of P.L.1995, c.284 (C.52:17B-175) and regulations adopted pursuant to that section; and

     (b)   a juvenile who has reached or exceeds the age of 21 may continue to serve a sentence in a State juvenile facility operated by the Juvenile Justice Commission in the discretion of the Juvenile Justice Commission and if the juvenile so consents; otherwise the juvenile shall serve the remainder of the custodial sentence in a State correctional facility;

     (2)   If a juvenile is not convicted of an offense set forth in subsection a. of this section or in section 1 of P.L.2015, c.89 (C.2A:4A-26.1), a conviction for any other offense shall be deemed a juvenile adjudication and be remanded to the Superior Court, Chancery Division, Family Part for disposition, in accordance with the dispositional options available to that court and all records related to the act of delinquency shall be subject to the provisions of section 1 of P.L.1982, c.79 (C.2A:4A-60);

     c.     With the consent of the defense and the prosecutor, at any point in the proceedings subsequent to the waiver the court may remand to the Superior Court, Chancery Division, Family Part if it appears that:

     (1)   the interests of the public and the best interests of the juvenile require access to programs or procedures uniquely available to that court; and

     (2)   the interests of the public are no longer served by waiver.

 

     3. This act shall take effect on the 90th day following enactment.

 

 

STATEMENT

 

     This bill establishes the crime of inciting violence, a crime of the third degree, and requires that a juvenile accused of inciting violence would be tried as an adult.

     A person would be guilty of inciting violence if the person records in any manner; reproduces or distributes a recording of; or conspires with another person to record, or to reproduce or distribute a recording of, an act of violence, with the purpose to urge or incite another to commit the act of violence or as part of a scheme or course of conduct undertaken with the purpose of committing the act of violence.  A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.

     The bill defines an “act of violence” as the commission or attempt to commit any of the following offenses:

     (1)   aggravated assault or simple assault;

     (2)   terroristic threats;

     (3)   endangering the welfare of a child;

     (4)   kidnapping;

     (5)   murder;

     (6)   aggravated manslaughter or manslaughter; or

     (7)   aggravated sexual assault or sexual assault.

     The bill requires the Superior Court, Chancery Division, Family Part to waive jurisdiction of a juvenile delinquency case without the juvenile's consent and refer the case to the appropriate court and prosecutor with jurisdiction over adult criminal trials if the juvenile was at least 15 years of age or older at the time of the alleged delinquent act and there is probable cause to believe that the juvenile committed a delinquent act which if committed by an adult would constitute the crime of inciting violence, as set forth in the bill.

     Upon referral to the appropriate court, the case would proceed as if it originated in that court and be subject to the sentencing provisions available to that court pursuant to the Criminal Code. However, upon conviction of the offense, there would be a presumption that the juvenile would serve any custodial sentence imposed in a State juvenile facility operated by the Juvenile Justice Commission until the juvenile reaches the age of 21. 

     The bill provides that if the juvenile is not convicted of the offense, a conviction for any other offense would be deemed a juvenile adjudication and be remanded to the Family Part for disposition.

     The bill also provides that with the consent of the defense and the prosecutor, at any point in the proceedings subsequent to the waiver the court may remand the case to the Family Part if it appears that the interests of the public and the best interests of the juvenile require access to programs or procedures uniquely available to that court; and the interests of the public are no longer served by waiver.