S1090 TR

An Act concerning political violence and supplementing Title 2C of the New Jersey Statutes and Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Political violence.

a. As used in this section:

“Political affiliation” means membership or self-identified support for a political party, candidate, campaign, or ballot question, or organized participation in electoral processes including but not limited to voter registration and canvassing.

“Political expression” means nonviolent expressive activity on public issues, including, but not limited to, speaking, publishing, attending or organizing a lawful assembly, displaying signs, donating, or volunteering for civic or advocacy groups.

b. Political violence. An actor is guilty of the crime of political violence if, with a purpose to interfere with or retaliate against a target because of the target’s political affiliation or expression or the political affiliation or expression of another, he commits, attempts to commit, or conspires with another to commit against the target or other victim, a family or household member of the target or other victim, or a bystander:

(1) N.J.S.2C:11-2 (Criminal Homicide);

(2) N.J.S.2C:11-3 (Murder);

(3) N.J.S.2C:11-4 (Manslaughter);

(4) N.J.S.2C:11-5 (Death by auto or vessel);

(5) N.J.S.2C:12-1 (Assault);

(6) N.J.S.2C:13-1 (Kidnapping);

(7) N.J.S.2C:13-2 (Criminal Restraint);

(8) N.J.S.2C:13-3 (False Imprisonment);

(9) N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault);

(10) N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact);

(11) N.J.S.2C:15-1 (Robbery);

(12) Section 1 of P.l.1993, c.221 (C.2C:15-2) (Carjacking);

(13) N.J.S.2C:17-1 (Arson and Related Offenses); or

(14) Section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism).

c. Permissive inference. Proof that the victim of the underlying offense was selected by the defendant, or by another acting in concert with the defendant, because of political affiliation or expression, or the political affiliation or expression of another shall give rise to a permissive inference by the trier of fact that the defendant acted with a purpose to interfere with, or retaliate against the victim for the victim’s political affiliation or expression or the political affiliation or expression of another.

d. Grading. Political violence is a crime of the fourth degree if the underlying offense referred to in subsection b. is a disorderly persons offense or petty disorderly persons offense. Otherwise, political violence is a crime one degree higher than the most serious underlying crime referred to in subsection b., except that where the underlying crime is a crime of the first degree, political violence is a first-degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years.

e. Merger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for political violence shall not merge with a conviction of any of the underlying offenses referred to in subsection b. of this section, nor shall any conviction for such underlying offense merge with a conviction for political violence. The court shall impose separate sentences upon a conviction for political violence and a conviction of any underlying offense.

f. It shall not be a defense to a prosecution for a crime under this section that the defendant was mistaken as to the political affiliation or expression of the victim.

2. a. There is established an independent review board which shall be known as the “Political Violence Review Board,” which shall be in but not of the Department of Law and Public Safety.

(1) The purpose of the board shall be to review completed investigations of alleged violations of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and collect data on such alleged violations.

(2) The board shall 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.

(3) The data collected pursuant to paragraph (1) of this subsection shall include, to the extent possible, information concerning the race, ethnicity, gender, age, and political affiliation of the complainant and any other alleged victim or perpetrator, and shall include, but not be limited to, data concerning:

(a) warrants, arrests, charges, filing of criminal complaints, and indictments;

(b) dismissed or downgraded charges;

(d) admission to diversionary programs, including data on program applications, and any prosecutorial consent or denial for a defendant’s entry into diversionary programs;

(e) contact between a prosecutorial authority and a victim, including data concerning cases involving victims;

(f) plea agreement negotiations, including data concerning plea offers extended and accepted or rejected by the defendant, plea agreements entered or rejected by the court, and whether the plea agreements involved probation or incarceration;

(g) court fees and fines; and

(h) restitution amounts ordered, including any amount collected by the court and paid to a victim.

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

(5) The board may share the collected data and findings with other recognized entities that collect nationwide data on political violence events.

(6) The board shall prepare and transmit an annual report, including the data collected pursuant to paragraph (1) of this subsection and any findings pursuant to paragraph (2) of this subsection, to the Governor and, pursuant to section 2 of P.L. 1991, c.164 (C.52:14-19.1), to the Legislature.

(7) The department shall publish each annual report prepared by the board on its Internet website.

(8) Nothing in this section shall be construed to authorize disclosure of any confidential or personal identifying information. For the purposes of this section, “personal identifying information” shall include, but not be limited to, name and any aliases, address, social security number, telephone number, fax number, driver's license number, email address, or social media address of any defendant or victim.

b. (1) The board shall consist of 11 members. No more than six members shall be of the same political party. Members shall be appointed as follows.

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

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

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

(e) 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.

(2) Of the 11 members first to be appointed, three shall be appointed for terms of two years, four for terms of three years, and four for terms of four years. Thereafter, all appointments shall be made for terms of four years. Each of these members shall hold office for the term of the appointment and until a successor shall have been appointed and qualified.

(3) Board members shall serve without compensation but they shall be entitled to reimbursement for their actual expenses incurred in attending the meetings of the board and in the performance of their other duties.

3. a. The Division of Criminal Justice shall develop and approve a training course and curriculum on the handling, investigation and response procedures concerning reports of violations of section 1 of P.L. c. (C. ) (pending before the Legislature as this bill). This training course and curriculum shall be reviewed at least every two years and modified by the Division of Criminal Justice from time to time as need may require. The Division of Criminal Justice shall distribute the curriculum to all local police agencies.

b. The Attorney General shall be responsible for ensuring training as follows:

(1) all law enforcement officers shall attend initial training within 90 days of appointment or transfer and annual in-service training of at least four hours as described in this section. Once every three years, this in-service training requirement shall be satisfied through in-person instructor-led training.

(2) all assistant county prosecutors shall attend initial training within 90 days of appointment or transfer and annual in-service training of at least four hours as described in this section.

c. The Attorney General shall provide that all training on the handling of political violence matters required under this section shall include information concerning the impact of political violence on society, the statutory and case law concerning political violence.

4. Sections 1 and 2 of this act shall take effect immediately. Section 3 shall take effect on the 90th day following enactment. The Attorney General may take such anticipatory actions as may be necessary for the timely implementation of this act.