ASSEMBLY JUDICIARY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 4947

 

STATE OF NEW JERSEY

 

DATED:  FEBRUARY 13, 2025

 

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 4947.

      This bill amends the bribery statute to clarify that it is an offense to receive any benefits as consideration for past official acts as well as any benefits as consideration for future official acts.

      Under current law, a person is guilty of bribery if he 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; (b) any benefit as consideration for a decision, vote, recommendation or exercise of official discretion in a judicial or administrative proceeding; (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.  Under current law, the term “benefit as consideration” means any benefit not authorized by law.

      Recently, in Snyder v. United States, 144 S. Ct. 1947 (2024), the United States Supreme Court held that the federal bribery statute only applies to criminalize instances when a benefit is given or promised before an official act, but does not apply to instances where a benefit is conferred after the official act.

      This bill amends State law to make it clear that New Jersey’s criminal bribery statute penalizes all instances where a person directly or indirectly offers, confers, or agrees to confer upon another, or solicits, accepts, or agrees to accept from another any benefit as consideration regardless of whether the benefit was received before or after the official act.