S380

An Act concerning certain sex offenders, supplementing Title 2B of the New Jersey Statutes, chapter 4 of Title 30 of the Revised Statutes, P.L.1994, c.133 (C.2C:7-1 et seq.), and amending N.J.S.2C:14-2 and N.J.S.2C:29-3.

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

1. (New section) This act shall be known and may be cited as the "Jessica Lunsford Act."

2. (New section) a. The Administrative Director of the Courts shall establish and implement an electronic monitoring system utilizing global positioning system technology for persons who have been charged with a sex offense as defined in section 2 of P.L.1994, c.133 (C.2C:7-2) and where the victim is under 18 years of age. The monitoring requirement shall be imposed by the judge at the time that bail is imposed, and the person shall be subject to the requirement until he is acquitted of or incarcerated for the sex offense.

b. The director may promulgate guidelines to effectuate the provisions of this act.

c. A person who fails to comply with the requirements of electronic monitoring imposed pursuant to subsection a. of this section is guilty of a crime of the third degree.

3. (New section) a. The Chairman of the State Parole Board shall establish and implement an electronic monitoring system utilizing global positioning system technology that tracks all persons convicted of or adjudicated delinquent for a sex offense as defined in section 2 of P.L.1994, c.133 (C.2C:7-2) whose risk of reoffense is determined to be high pursuant to section 3 of P.L.1994, c.128 (C.2C:7-8) and where the victim of the sex offense was under 18 years of age. The system shall provide for lifetime tracking of such offenders upon their release from incarceration.

b. The chairman may promulgate guidelines to effectuate the provisions of this act.

c. A sex offender who fails to comply with the requirements of electronic monitoring shall be guilty of a crime of the third degree.

4. (New section) a . It shall be a crime of the fourth degree for a person subject to the registration requirements set forth in P.L.1994, c.133 (C.2C:7-1 et seq.) whose risk of re-offense has been assessed as high pursuant to section 3 of P.L.1994, c.128 (C.2C:7-8) to reside within 2,500 feet of the real property comprising an elementary or secondary school, child care center as defined in section 3 of P.L.1983, c.492 (C.30:5B-3) or playground as defined in section 1 of P.L.1999, c.50 (C.52:27D-123.9), which shall be known as Child Protection Zones, unless:

(1) The person is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution or facility which is located within 2,500 feet of the real property comprising an elementary or secondary school, child care center or playground;

(2) The person is receiving treatment at a mental health facility located within 2,500 feet of the real property comprising an elementary or secondary school, child care center or playground; or

(3) An elementary or secondary school, child care center or playground is built or established within 2,500 feet of the person's existing residence.

b. If a person who is subject to the prohibition set forth in subsection a. of this section established a residence within the child protection zone prior to the effective date of this act, the person shall cease to reside with the child protection zone within 90 days of the effective date of this act.

5. N.J.S.2C:14-2 is amended to read as follows:

2C:14-2. Sexual assault. a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1) The victim is less than 13 years old;

(2) The victim is at least 13 but less than 16 years old; and

(a) The actor is related to the victim by blood or affinity to the third degree, or

(b) The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or

(3) The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;

(4) he actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;

(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;

(7) The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.

Aggravated sexual assault is a crime of the first degree.

Notwithstanding the provisions of any other law, a person convicted under paragraph (1) or (2) of this subsection shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person must serve 25 years before being eligible for parole. A person convicted under paragraph (3), (4), (5), (6) or (7) where the victim was less than 18 years old shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person must serve 25 years before being eligible for parole.

b. An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.

c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;

(2) The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;

(3) The victim is at least 16 but less than 18 years old and:

(a) The actor is related to the victim by blood or affinity to the third degree; or

(b) The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or

(4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

Sexual assault is a crime of the second degree.

If the victim of an offense committed pursuant to paragraph (1) or paragraph (2) of this subsection is less than 18 years old, sexual assault is a crime of the first degree and a person convicted of such offense shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person must serve 25 years before being eligible for parole.

(cf: P.L.2004, c.130, s.13)

6. N.J.S.2C:29-3 is amended to read as follows:

2C:29-3. Hindering Apprehension or Prosecution.

a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the New Jersey Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:

(1) Harbors or conceals the other;

(2) Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;

(3) Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

(4) Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;

(5) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

(6) Aids such person to protect or expeditiously profit from an advantage derived from such crime; or

(7) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

[The] (a) Except as provided in subparagraph (b) of this paragraph, the offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, parent or child of the person aided, in which case the offense is a crime of the fourth degree. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

(b) The offense is a crime of the third degree and the actor shall be sentenced to a minimum term of imprisonment of two years without eligibility for parole if the actor harbored or concealed a person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for the commission of a sex offense. As used in this subparagraph, "sex offense" has the meaning as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2).

b. A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the New Jersey Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:

(1) Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(2) Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(3) Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(4) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

The offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

(cf: P.L.1999, c.297, s.1)

7. This act shall take effect on the first day of the sixth month after enactment.

STATEMENT

This bill, the "Jessica Lunsford Act," revises the sentencing of certain sex offenders and persons who harbor them, requires electronic monitoring for certain sex offenders and creates child protection zones.

The bill requires electronic monitoring for sex offenders who prey on minors if the offender has been released on bail or from incarceration.

The bill requires the Administrative Director of the Courts to establish and implement an electronic monitoring system utilizing global positioning system technology for persons who have been charged with a sex offense as defined in Megan's Law where the victim is under 18 years of age. The monitoring requirement is to be imposed by the judge at the time that bail is imposed, and the person would be subject to the requirement until he is acquitted of or incarcerated for the sex offense.

The bill also requires the Chairman of the State Parole Board also to establish and implement such a system for sex offenders whose victim was under 18 years of age. The system is to provide for lifetime tracking of such offenders upon their release from incarceration.

A person who fails to comply with the requirements of the electronic monitoring system would be guilty of a crime of the third degree, which is punishable by three to five years in prison, a fine of up to $15,000, or both.

Additionally, this bill expands Megan's Law to restrict sex offenders from residing in areas frequented by children.

The bill establishes child protection zones by making it a crime of the fourth degree for a sex offender whose risk of re-offense has been assessed as high to reside within 2,500 feet of an elementary or secondary school, playground or child care center. The residential ban would not cover a sex offender that resides at a prison or mental health facility within 2,500 feet of an elementary or secondary school, playground or child care center; or a sex offender that has a school, playground or child care center established or built within 2,500 feet of his existing residence. A sex offender that resides at a residence established before the bill's enactment within the zone would be required to move within 90 days of the bill's effective date.

This bill also imposes increased penalties on persons who commit sex crimes against minors. Under the bill, a person convicted of aggravated sexual assault of a minor under the age of 18 or the new crime of first degree sexual assault of a minor under the age of 18 would be sentenced to a specific term of years fixed by the court which would be between 25 years and life imprisonment, of which the person must serve 25 years before being eligible for parole.

Under current law, a person who commits an act of sexual penetration with a victim under the age of 13 is guilty of aggravated sexual assault, a crime of the first degree (punishable by a term of imprisonment of 10 to 20 years, a fine of up to $200,000, or both). A person who commits an act of sexual penetration with a victim who is at least 13 but less than 16 years old under certain specified circumstances is also guilty of a crime of the first degree. A person who commits an act of sexual penetration with a victim who is at least 16 but less than 18 under certain circumstances is guilty of sexual assault, a crime of the second degree (punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both). Under the bill, all of these acts would be punishable as crimes of the first degree, with terms of imprisonment of 25 years to life.

The bill also increases the penalties for harboring or concealing a sex offender. Under the bill, a violation of N.J.S.2C:29-3, Hindering Apprehension or Prosecution, would constitute a crime of the third degree with a mandatory minimum term of two years without eligibility for parole if the person harbored or concealed a person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for the commission of a sex offense.

This bill is named for Jessica Lunsford, the Florida girl who was sexually assaulted and murdered by a sex offender, and is modeled on legislation which was recently enacted by the State of Florida.