ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

[First Reprint]

SENATE, No. 3201

with committee amendments

STATE OF NEW JERSEY

DATED:  SEPTEMBER 23, 2024

      The Assembly Appropriations Committee reports favorably and with committee amendments Senate Bill No. 3201 (1R).

      As amended and reported by the committee, this bill upgrades certain penalties for assaulting a law enforcement officer.  The amended bill also increases the penalty for assault with bodily fluids if the victim is a law enforcement officer, paid or volunteer firefighter, court service officer, or person engaged in emergency first-aid or medical services and suffers serious bodily injury.

      Under current law, it is a crime of the third degree to assault a law enforcement officer if the victim suffers bodily injury; otherwise, it is a crime of the fourth degree.  Under this bill, the penalty for assaulting a law enforcement officer would become a crime of the second degree if the assault results in serious bodily injury to the officer.  The bill provides that a conviction for assaulting a law enforcement officer would not merge with a conviction for any other criminal offense.  Under the bill, a mandatory term of incarceration under the No Early Release Act (NERA) would not apply to second degree assault of a law enforcement officer, unless the assault resulted in seriously bodily injury.  In addition, a person charged with second degree assault of a law enforcement officer would be prohibited from applying to enter a Pretrial Intervention Program.  

      The bill also would upgrade the penalty for assault with bodily fluids of a law enforcement officer, court services officer, paid or volunteer firefighter, or person engaged in emergency first-aid or medical services who suffers serious bodily injury.  Under current law, it is a crime of the fourth degree for a person to assault with bodily fluids a Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, probation officer, any sheriff, undersheriff or sheriff’s officer, or any municipal, county, or State law enforcement officer.  If the victim suffers bodily injury, it is a crime of the third degree.  The bill would add court service
officers, firefighters, and persons engaged in emergency first-aid or medical services to the list of individuals protected under current law.

      Under the bill, the penalty for assault with bodily fluids would be upgraded to a crime of the second degree if the victim suffers serious bodily injury.  Additionally, any person charged with assault with a bodily fluid would be required to provide a blood sample or other biological sample drawn to be tested for communicable diseases at a clinical laboratory licensed by the Department of Health, upon consent given by the person charged or in compliance with a warrant issued by a judge of the Superior Court. The court would be required to issue a warrant upon finding there is probable cause to believe that the person’s blood or other bodily fluid came into contact with a victim of the assault and that the victim is at risk of transmission of a communicable disease. Any positive results for a communicable disease will be shared with the assault victim. Additionally, the bill provides that upon the issuance of a warrant, the blood sample or biological sample taken from a person pursuant to the bill may not be used by law enforcement for any purpose other than to test for communicable diseases. Under the bill, a separate warrant is required to be obtained before law enforcement may use the blood sample or biological sample for any other investigatory purpose.  After completion of the testing, the blood sample or biological sample is required to be destroyed.

      Under current law, serious bodily injury is defined as “bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”  A crime of the second degree is punishable by five to 10 years imprisonment, a fine of up to $150,000, or both. 

      As reported by the committee, Assembly Bill No. 2378 (1R) is identical to Senate Bill No. 3201 (1R), which was also reported by the committee on this date.

      As amended and reported by the committee, Senate Bill No. 3201 (1R) is identical to Assembly Bill No. 2378 (1R), which was also amended and reported by the committee on this date.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      1) remove the provision requiring that if a judge is satisfied sufficient grounds for granting an application have been shown, that a warrant shall be issued;  

      2) provide that upon the issuance of a warrant, the blood sample or biological sample taken from a person pursuant to the bill may not be used by law enforcement for any purpose other than to test for communicable diseases; in addition, a separate warrant must be
obtained before law enforcement may use the blood sample or biological sample for any other investigatory purpose.  After completion of the testing, the blood sample or biological sample is required to be destroyed; and

      3) make a technical correction.    

FISCAL IMPACT:

      Fiscal information for this bill is currently unavailable.