SENATE JUDICIARY COMMITTEE

STATEMENT TO

SENATE, No. 4934

STATE OF NEW JERSEY

DATED:  DECEMBER 15, 2025

      The Senate Judiciary Committee reports favorably Senate Bill No. 4934.

This bill creates the new crime of political violence, establishes an independent review board to insure that political violence is investigated, prosecuted and punished in a fair and unbiased manner, and establishes a training mandate for law enforcement officials. 

Political violence.   Under the bill, political violence occurs when a person commits, attempts to commit, or conspires with another to commit specific criminal offenses against the target or other victim, a family or household member of the target or other victim, or a bystander with a purpose to interfere with or retaliate against the victim because of the victim’s political participation or expression or the political participation or expression of another. 

     The following constitute those specific criminal offenses:

     (1)  Criminal Homicide;

     (2)  Murder;

     (3)  Manslaughter;

     (4) Death by auto or vessel;

     (5)  Assault;

     (6)  Kidnapping;

     (7)  Criminal Restraint;

     (8)  False Imprisonment;

     (9)  Sexual Assault or Aggravated Sexual Assault;

     (10)  Aggravated Criminal Sexual Contact;

     (11)  Robbery;

     (12)  Carjacking;

     (13)  Arson and Related Offenses; or

     (14)  Terrorism.

     Political violence is graded as a crime one degree higher than the most serious underlying crime.  However, where the underlying crime is a crime of the first degree, political violence is a first-degree crime and, upon conviction, the sentenced would be an ordinary term of imprisonment between 15 years and 30 years. 

Procedural Elements and Defenses.  The bill provides for a permissive inference concerning the selection of targeted persons by providing that proof that the target of the underlying offense was selected because of political affiliation or expression or the political affiliation or expression of another would give rise to the inference that the defendant acted with purpose to intimidate an individual or group.

     The bill would bar the merger of a conviction for political violence with a conviction of any of the underlying offenses, and no underlying offense shall merge with a conviction for political violence.

     The bill provides that it is not a defense to a prosecution for political violence that the defendant was mistaken as to the political affiliation or political expression of the victim.

Political Violence Review Board.  To ensure oversight and transparency in the investigation of political violence, the bill creates a Political Violence Review Board (board) to review completed investigations of alleged violations of the newly created crime of political violence and collect data on such alleged violations.  The board is required to analyze the collected data to identify any potential disparities in the handling of complaints based on the race, ethnicity, gender, age, or political affiliation of the complainant or of any other alleged victim or perpetrator.

     The board may request any relevant information and documents from appropriate law enforcement agencies, interview complainants, alleged perpetrators, witnesses, and other individuals as the board deems necessary and appropriate, and is entitled to call to its assistance the clerical, stenographic, and technical support of any employee of the Department of Law and Public Safety (department).

     The board may share the collected data and findings with other recognized entities that collect nationwide data on political violence events.  Additionally, the board is required to prepare and transmit an annual report, including the data collected and any findings to the Governor and the Legislature.  The department is required to publish each annual report prepared by the board on its Internet website.

     The board would consist of 11 members, with no more than six members shall be of the same political party.  Members would be appointed as follows.

     (1)   two public members appointed by the Governor based upon the recommendation of the Senate President;

     (2)   two public members appointed by the Governor based upon the recommendation of the Senate Minority Leader.

     (3)   two public members appointed by the Governor based upon the recommendation of the Speaker of the General Assembly;

     (4)   two public members appointed by the Governor based upon the recommendation of the Assembly Minority Leader

     (5)   three public members appointed by the Governor, one of whom shall have experience in law enforcement and one who shall have experience with advocating for victim's rights.

     Except for the initial appointment as enumerated in the bill, the members would serve for four year terms, until successors are appointed and qualified, and would serve without being compensated but they would be reimbursed for their actual expenses incurred in the performance of their duties. 

Training Developed by the Division of Criminal Justice.  The bill additionally establishes a training mandate for law enforcement officers and prosecutors who investigate and prosecute political violence.  The Division of Criminal Justice, within the department, would be responsible for the creation of the training course and curriculum on the handling, investigation, and response procedures concerning reports of violations of the newly created crime of political violence.