RACIAL AND ETHNIC COMMUNITY CRIMINAL JUSTICE AND PUBLIC SAFETY IMPACT STATEMENT
[Second Reprint]
ASSEMBLY, No. 4755
STATE OF NEW JERSEY
SUMMARY
U
|
Synopsis: |
Upgrades, and in some circumstances provides for extended terms of imprisonment for, certain retail theft crimes, addresses gift card fraud, and authorizes new Attorney General initiatives to address organized retail theft.* |
The Office of Legislative Services does not develop or maintain source data concerning the criminal justice system in the State. The Office of Legislative Services makes reasonable efforts to obtain data from Executive Branch Departments and the Judiciary. This statement may reflect information provided by the United States Census Bureau, the Administrative Office of the Courts within the Judiciary, the New Jersey Department of Corrections, the New Jersey Office of the Attorney General, and the Juvenile Justice Commission in the New Jersey Department of Law and Public Safety. The publicly available data and the data provided by the responding departments and agencies contained within this statement allows for a general overview of the frequencies of events of interest (i.e. arrests, charges, and convictions) for racial and ethnic minorities for the crimes identified herein. This statement does not provide for an in-depth analysis of that data.
Additional data concerning recidivism rates and incarceration rates for the specific crimes addressed within this statement sorted by race and ethnicity is needed in order to make a conclusion on the impacts on racial and ethnic minorities. Additional data concerning the deterrent effects of similar laws of this type is needed to determine the impact on community criminal justice and public safety. It should be noted that the data needed may not currently be collected by the responding departments or agencies or may not exist.[1]
BILL DESCRIPTION
Assembly Bill No.4755 makes various changes to State law related to retail theft. The bill upgrades certain crimes related to retail theft, permits certain defendants to be sentenced to extended terms of imprisonment, and establishes a retail theft unit in the Department of Law and Public Safety (DLPS).
Assault
The bill establishes that it is aggravated assault to assault an employee of a store or other retail mercantile establishment.
Aggravated assault of an employee of a retail mercantile establishment is a crime of the third degree if the victim suffers bodily injury; otherwise, it is a crime of the fourth degree. A third degree crime is punishable by three to five years imprisonment, a fine of up to $15,000, or both. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.
Tax Evasion
The bill establishes a second degree crime if any portion of a tax, fee, penalty, or interest, or any part thereof required to be paid or turned over was accrued through conduct as a leader of an organized retail theft enterprise, otherwise it is a crime of the third degree. Relatedly, the bill clarifies that a person is guilty of the second degree crime if the taxes the person failed to turn over to the Director of the Division of Taxation were collected or withheld as part of an organized retail theft enterprise.
A second degree crime is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both.
Persistent Offender
The bill provides that a person may be sentenced to an extended term of imprisonment for repeat convictions related to retail theft.
Under the bill, a person is a persistent offender if the person has previously been convicted on two or more prior and separate occasions of receiving stolen property, shoplifting, or being a leader of an organized retail theft enterprise; or theft that involves the stealing of merchandise, regardless of the dates of the convictions. A persistent offender may be sentenced to an extended term, upon motion of the prosecutor, if the prior conviction was for a crime committed on a separate occasion and the crime for which the person is being sentenced was committed either: (1) within 10 years of the date of the defendant’s last release from confinement for the commission of any crime; or (2) within 10 years of the date of the commission of the most recent violation of a crime established in the bill for which the defendant has a prior conviction.
Retail Theft Aggregation
The bill provides the value of the merchandise involved in a violation or in multiple violations may be aggregated. The bill provides that the value of merchandise involved in a violation of the shoplifting statute may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons regardless of the time period over which the scheme or course of conduct took place, or were committed in furtherance of or in conjunction with an organized retail theft enterprise.
Fencing
The bill updates the fencing statute, section 7 of P.L.1981, c.167 (C.2C:20-7.1), to clarify that the statute also applies to online sales of stolen goods.
Fostering Stolen Property
The bill also separately establishes the offense of fostering the sale of stolen property. The offense is a disorderly persons offense.
A person commits an offense under the bill when the person, acting alone or in concert with another person or persons, advertises or otherwise assists, by any means, including through personal contact or through the use of an online platform or any other communications channel or medium in the sale of property of another knowing that is has been stolen or reasonably believing that it is stolen.
The bill establishes two presumptions that are available in the prosecution of an offense of fostering the sale of stolen property. First, proof of the property being advertised for sale at a price substantially below its fair market value, unless satisfactorily explained, gives rise to an inference that the person advertising or otherwise assisting in the sale of the property knew that it is stolen or reasonably believed that the property is stolen; and second, proof that a person advertised or otherwise assisted in the sale of the property without having ascertained by reasonable inquiry that the person offering the property for sale had a legal right to possess or control it gives rise to an inference that such person knew that it is stolen or reasonably believed that it is stolen.
A disorderly persons offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both.
Gift Card Fraud
The bill imposes certain packaging and consumer notice requirements for the sale of gift cards and requires the Division of Consumer Affairs (DCA) in DLPS to create a notice related to gift card fraud for dissemination in locations which sell gift cards.
The bill prohibits a retail mercantile establishment from knowingly selling gift cards to a consumer unless the establishment conspicuously displays the notice provided by the DCA and the packaging of the gift card meets certain requirements in the bill. The bill requires that gift cards, if enclosed in packaging, be sealed in a manner that is not easily opened, removed, or replaced without signs of tampering, and requires that all activation codes or bar codes be concealed. The bill allows a retail mercantile establishment to sell gift cards that do not conform to the packaging requirements if the gift card is chip-enabled and activated only after the consumer registers the card on the card issuer’s website, or the gift card is sold only for use at that retail mercantile establishment and the card inventory is secured, or the gift card incorporates certain anti-tampering or anti-fraud technology.
Further, the bill establishes requirements as it relates to third-party gift card resellers. The bill defines “third-party gift card reseller” as a merchant who, without authorization from or affiliation with the business entity issuing the gift card, is engaged in the business of: (1) buying gift cards on behalf of consumers; or (2) reselling gift cards to consumers. These resellers are subject to certain record maintenance requirements.
A retail mercantile establishment that violates the provisions of section 1 of P.L.2021, c.431 (C.56:8-110.1) or the provisions of the bill related to gift card fraud is subject to a civil penalty of $1,000.
Organized Retail Theft Unit
Finally, the bill requires the Attorney General to undertake steps as the Attorney General deems appropriate to promote the effective investigation, prosecution, and deterrence of organized retail theft in this State, which may include establishing a unit, task force, or other appropriate office or initiative to combat organized retail theft. The bill also provides that the Attorney General may implement a statewide policy to direct and coordinate State and local law enforcement efforts to investigate and prosecute organized retail theft.
The unit, and the Division of Criminal Justice, will have the authority to (1) investigate and, if warranted, prosecute cases concerning acts of retail theft; and (2) assist county prosecutors in the investigation and prosecution of acts of retail theft.
Federal
and State Census Information[2]
Federal and State
Inmate Population Data
|
|
Population |
Caucasian |
African
American |
Native
American/Alaska Native |
Asian |
Native
Hawaiian/ Other Pacific Islander |
Hispanic |
Two or More
Races/Other |
|
Actual
Federal Adult Inmate Population[3] |
156,241 |
56.9% |
38.8% |
2.8% |
1.5% |
N/A |
29.2% |
N/A |
|
Actual
State Adult Inmate Population[4] |
12,978 |
22% |
60.8% |
0.0% |
1% |
N/A |
17% |
N/A |
State Census and State Inmate Population
Data
|
|
Population |
Caucasian |
African American |
Native
American/Alaska Native |
Asian |
Native
Hawaiian/ Other Pacific Islander |
Hispanic |
Two or More
Races/Other |
|
State
Census Estimate |
9,289,000 |
53.5% |
15.3% |
0.7% |
10.3% |
0.1% |
21.5% |
2.4% |
|
Actual
State Adult Inmate Population[5] |
12,978 |
22% |
60.8% |
0.0% |
1% |
N/A |
17% |
N/A |
DATA PROVIDED BY THE
EXECUTIVE BRANCH
The following data was provided, as a part of the submission, from the Office of the Attorney General:
The below displays the number of arrest
events with any paragraph of the enumerated charges below displayed by
race/ethnicity for all arrests between January 1, 2017 to December 31, 2024.
|
Statute |
Statute
Description |
Degree |
White
(incl. Hispanic origin) |
Black |
Asian/
Pac.
Islander |
Am.
Indian/ Alaska Native |
Unknown/ Not
Provided |
|
2C:20-7.1A |
FENCING-VALUE LESS THAN $200 |
1st, 2nd, 3rd, 4th |
66 |
64 |
0 |
0 |
1 |
|
2C:20-7.1B |
FENCING
- DEALING IN STOLEN PR OPERTY |
1st,
2nd, 3rd, 4th |
5 |
1 |
0 |
0 |
0 |
|
2C:20-7.1B(1) |
FENCING-DEALING IN STOLEN PROP VALUE $500-$74999 |
1st, 2nd, 3rd, 4th |
100 |
60 |
1 |
0 |
6 |
|
2C:20-11.2 |
LEADER
OF ORGANIZED RETAIL THE FT ENTERPRISE |
2nd |
17 |
20 |
0 |
0 |
1 |
The below displays
the number of Unique Persons Convicted of any paragraph of the enumerated
charges below displayed by race/ethnicity for all arrests between January 1,
2017 to December 31, 2024.
|
Statute |
Statute Description |
Degree |
White (incl. Hispanic origin) |
Black |
Asian/ Pac. Islander |
Am. Indian/ Alaska Native |
Unknown/ Not Provided |
|
2C:20-7.1A |
FENCING-VALUE LESS THAN $200 |
1st, 2nd, 3rd, 4th |
10 |
8 |
0 |
0 |
0 |
|
2C:20-7.1B |
FENCING
- DEALING IN STOLEN PR OPERTY |
1st,
2nd, 3rd, 4th |
1 |
0 |
0 |
0 |
0 |
|
2C:20-7.1B(1) |
FENCING-DEALING IN STOLEN PROP VALUE $500-$74999 |
1st, 2nd, 3rd, 4th |
3 |
2 |
0 |
0 |
0 |
|
2C:20-11.2 |
LEADER OF ORGANIZED RETAIL THE FT
ENTERPRISE |
2nd |
0 |
1 |
0 |
0 |
0 |
The following response was provided by the Juvenile Justice Commission:
The Juvenile Justice Commission (JJC) does not maintain or have direct access to detailed data on youth arrests, prosecutions, or adjudications (i.e. convictions). The JJC is not a prosecutorial agency. The JJC does not keep racial and ethnic data segregated by crimes for arrests, prosecutions, or adjudications for the juveniles committed to its care.
The Department of Corrections was unable to provide data within the timeframe, established by the Legislative Services Commission, for the production of the Racial and Ethnic Community Justice and Public Safety Impact Statement. However, the Department of Corrections has made available to the public statistical data concerning the State inmate population categorized by race and ethnicity for 2024, which are reflected in the charts on page 4, and offenders by base offense for 2022, 2023, and 2024 in the following charts:
Offenders by Base
Offense for 2022
|
Base
Offense |
Total |
Male
Offenders in Other Facilities |
Youth
Offenders |
Adult
Diagnostic Treatment Center (ADTC) |
Edna Mahan |
Halfway
Houses, County Jails, St.
Francis Hospital |
||||||
|
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
|
|
TOTAL
OFFENDERS |
12,492 |
100% |
9,442 |
100% |
1,139 |
100% |
410 |
100% |
408 |
100% |
1,093 |
100% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Property Offenses |
526 |
4% |
375 |
4% |
57 |
5% |
0 |
0% |
36 |
9% |
58 |
5% |
Offenders by Base
Offense for 2023
|
Base
Offense |
Total |
Male
Offenders in Other Facilities |
Youth
Offenders |
Adult
Diagnostic Treatment Center (ADTC) |
Edna Mahan |
Halfway
Houses, County Jails, St.
Francis Hospital |
||||||
|
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
|
|
TOTAL
OFFENDERS |
13,196 |
100% |
9,133 |
100% |
1,174 |
100% |
402 |
100% |
356 |
100% |
2,131 |
100% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Property Offenses |
525 |
4% |
324 |
4% |
55 |
5% |
0 |
0% |
31 |
9% |
115 |
5% |
Offenders by Base Offense for 2024
|
Base Offense |
Total |
Male Incarcerated Persons |
Edna Mahan |
Residential
Community Release Program (RCRP), County Jails, Central Medical
Unit (CHR) |
Interstate Corrections Compact |
||||||
|
# |
% |
# |
% |
# |
% |
# |
% |
# |
% |
||
|
Total Offenders |
12,978 |
100% |
11,176 |
100% |
386 |
100% |
1,140 |
100% |
276 |
100% |
|
|
Property Offenses |
472 |
4% |
382 |
3% |
38 |
10% |
39 |
4% |
13 |
5% |
|
Note: Property offenses
include burglary, arson, theft, forgery, embezzlement, and receiving /
possessing stolen property
DATA PROVIDED BY THE JUDICIARY
The Administrative Office of the Courts was unable to provide data within the timeframe, established by the Legislative Services Commission, for the production of the Racial and Ethnic Community Justice and Public Safety Impact Statement.
[1] This racial and ethnic community
criminal justice and public safety impact statement has been produced by the
Office of Legislative Services pursuant to section 2 of P.L.2017, c.286
(C.52:11-57.1). Although impact statements are considered a tool for
policymaking, the Office of Legislative Services does not take a policy
position in preparing a racial and ethnic community criminal justice and public
safety impact statement. The role of the Office of Legislative Services
is to gather and present data for legislators to review. This statement
may reflect information provided by the United States Census Bureau, Office of
Juvenile Justice and Delinquency Prevention in the United States Department of
Justice, New Jersey Department of Corrections, and Juvenile Justice Commission
in the New Jersey Department of Law and Public Safety.
[2] Publicly available data obtained from the federal
census for national and State populations as of April 1, 2020.
[3] Publicly available data of federally sentenced persons
in custody of the Federal Bureau of Prisons, as of June 1, 2024.
[4] Publicly available data produced by the New Jersey
Department of Corrections concerning the State inmate population on January 1,
2024. It has been reported by the New
Jersey Department of Corrections that the Fiscal Year 2024 average daily
population was 12,490. However, that
number has not been sorted by race or ethnicity.
[5] Publicly available data produced by the New Jersey
Department of Corrections concerning the State inmate population on January 1,
2024. It has been reported by the New
Jersey Department of Corrections that the Fiscal Year 2024 average daily
population was 12,490. However, that
number has not been sorted by race or ethnicity.