LEGISLATIVE FISCAL ESTIMATE

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 2543

STATE OF NEW JERSEY

221st LEGISLATURE

 

DATED: NOVEMBER 26, 2024

 

 

SUMMARY

 

Synopsis:

Prohibits and imposes criminal penalty on disclosure of certain intentionally deceptive audio or visual media within 90 days of election.

Type of Impact:

Annual State expenditure and revenue increases.

Agencies Affected:

The Judiciary; Department of Law and Public Safety; Office of the Public Defender.

 

 

Office of Legislative Services Estimate

Fiscal Impact

Annual 

 

State Cost Increase

Indeterminate

 

State Revenue Increase

Indeterminate

 

 

 

 

·         The Office of Legislative Services (OLS) finds that this bill would result in an indeterminate annual State expenditure increase.  The following State agencies would incur caseload and expenditure increases: a) the Department of Law and Public Safety would have to prosecute additional cases; b) the Judiciary would have to adjudicate additional offenders and monitor additional probationers; and c) the Office of the Public Defender would have to represent additional low-income criminal defendants.  Convictions for crimes of the fourth degree and crimes of the third degree carry with them the presumption of non-incarceration for first time offenders so no additional costs to the Department of Corrections or the State Parole Board are anticipated.

·         The OLS finds that the State may receive indeterminate revenues from court filing fees, fines, and penalties for the crimes established under the bill.  However, the State’s ability to collect criminal fines and penalties has historically been limited.

BILL DESCRIPTION

 

      This bill prohibits a person from knowingly or recklessly distributing deceptive audio or visual media, also commonly known as “deepfakes,” within 90 days of an election in which a candidate or public question will appear on the ballot, with the intent to deceive a voter with false information about the candidate, public question, or the election.  The bill also prohibits a person from soliciting the creation of a deepfake with the intent to deceive a voter with false information about the candidate, public question, or the election. 

      A first violation for either offense under this bill is a crime of the fourth degree, and a second or subsequent violation is a crime of the third degree.  A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.  A crime of the third degree is punishable by a three to five year term of imprisonment, a fine of up to $15,000, or both.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS finds that this bill would result in an indeterminate annual State expenditure increase.  The following State agencies would incur caseload and expenditure increases: a) the Department of Law and Public Safety would have to prosecute additional cases; b) the Judiciary would have to adjudicate additional offenders and potentially monitor additional probationers; and c) the Office of the Public Defender would have to represent additional low-income criminal defendants.  Convictions for crimes of the fourth degree and crimes of the third degree carry with them the presumption of non-incarceration for first time offenders so no additional costs to the Department of Corrections or the State Parole Board are anticipated.  The bill also establishes civil remedies for an individual to seek injunctive or other equitable relief.  This also could potentially add to the court’s bench time and administrative workload. 

      The OLS lacks sufficient information to quantify the fiscal impact of this bill on the State as it is not possible to know how many individuals are likely to commit the new criminal offenses established by the bill. 

      The OLS also finds that the State may receive indeterminate revenues from court filing fees, fines, and penalties for the crimes established under the bill.  However, the State’s ability to collect criminal fines and penalties has historically been limited.

 

Section:

Judiciary

Analyst:

Anuja Pande Joshi

Senior Fiscal Analyst

Approved:

Thomas Koenig

Legislative Budget and Finance Officer

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).