A3769

An Act concerning certain school operations impacted by false public alarms, and amending N.J.S.2C:33-3 and P.L.1999, c.195.

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

1. N.J.S.2C:33-3 is amended to read as follows:

2C:33-3. False Public Alarms. a. Except as otherwise provided in [subsection b. or c. of] this section, a person is guilty of a crime of the third degree if he initiates or circulates a report or warning of an impending fire, explosion, bombing, crime, catastrophe or emergency knowing that the report or warning is false or baseless and that it is likely to cause evacuation or lockdown of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm. A person is guilty of a crime of the third degree if he knowingly causes such false alarm to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property. A person is guilty of a crime of the second degree if the false alarm in fact results in the evacuation or lockdown of a school, as defined by N.J.S.2C:1-14, while the school is in session and children are present.

b. A person is guilty of a crime of the second degree if in addition to the report or warning initiated, circulated or transmitted under subsection a. of this section, he places or causes to be placed any false or facsimile bomb in a building, place of assembly, or facility of public transport or in a place likely to cause public inconvenience or alarm. A violation of this subsection is a crime of the first degree if it occurs during a declared period of national, State or county emergency.

c. A person is guilty of a crime of the second degree if a violation of subsection a. of this section in fact results in serious bodily injury to another person or occurs during a declared period of national, State or county emergency. A person is guilty of a crime of the first degree if a violation of subsection a. of this section in fact results in death.

d. (1) For the purposes of this section, "in fact" means that strict liability is imposed.

(2) For the purposes of subsections b. and c. of this section:

(a) It shall not be a defense that the death or serious bodily injury was not a foreseeable consequence of the person's acts or that the death or serious bodily injury was caused by the actions of another person or by circumstances beyond the control of the actor.

(b) The actor shall be strictly liable upon proof that the crime occurred during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

e. A person is guilty of a crime of the fourth degree if the person knowingly places a call to a 9-1-1 emergency telephone system without purpose of reporting the need for 9-1-1 service.

(cf: P.L.2002, c.26, s.16)

2. Section 3 of P.L.1999, c.195 (C.2C:33-3.2) is amended to read as follows:

3. Any person who violates the provisions of N.J.S.2C:33-3 shall be liable for a civil penalty of not less than $2,000 or actual costs incurred by or resulting from the law enforcement and emergency services response to the false alarm, whichever is higher; if actual costs are imposed, and the response to the false alarm involved the evacuation or lockdown of a school as described in N.J.S.2C:33-3, the calculation of costs shall also include the actual costs incurred by or resulting from the school response to the false alarm. Any monies collected pursuant to this section shall be made payable to the municipality or other entity providing the law enforcement or emergency services response to the false alarm , and to the school district or other entity operating the affected school, if applicable. "Emergency services" includes, but is not limited to, paid or volunteer fire fighters, paramedics, members of an ambulance team, rescue squad or mobile intensive care unit.

(cf: P.L.2002, c.26, s.17)

3. This act shall take effect immediately.

STATEMENT

This bill would increase the available criminal and civil penalties for the crime of false public alarm when the false alarm resulted in the evacuation or lockdown of an elementary or secondary school (schools serving grades K through 12, or any combination thereof). The increased penalties would apply if the school response occurred while the school was in session and children were present. The law presently imposes liability for the costs incurred by law enforcement and emergency response; this bill would add the costs incurred by the school to the total costs.

Under current law a false public alarm is ordinarily a third degree crime. Under the bill, a false public alarm involving a school evacuation or lockdown would be upgraded to a second degree crime if the false alarm in fact results in the evacuation or lockdown of a school while the school was in session and the children were present, thereby increasing the possible criminal penalties to: a term of imprisonment to five to 10 years; a fine of up to $150,000; or both. By comparison, a third degree false public alarm is currently punishable by: a term of imprisonment of three to five years; a fine of up to $15,000; or both.

As to the increased civil penalty, the law states that a person is liable for a penalty of $2,000 or the actual costs incurred by or resulting from the law enforcement and emergency services response to a false alarm. This bill provides that in those cases in which the actual costs are imposed if the response to the false alarm involved the evacuation or lockdown of a school, the total calculation of costs would include the actual costs incurred by or resulting from the school response to the false alarm in addition to the law enforcement and emergency services costs.