SENATE, No. 835

STATE OF NEW JERSEY

216th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

Sponsored by:

Senator  DONALD NORCROSS

District 5 (Camden and Gloucester)

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

SYNOPSIS

     Enhances penalties for false incrimination and making fictitious reports.

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

An Act concerning false incrimination and fictitious reports and amending N.J.S.2C:28-4.

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

     1.    N.J.S.2C:28-4 is amended to read as follows:

     2C:28-4. a. Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the [fourth] third degree, except the offense is a crime of the second degree if the false information which the actor gave or caused to be given would implicate the person in a crime of the first or second degree.

     b.    Fictitious reports.  A person commits a [disorderly persons offense] crime of the fourth degree if he:

     (1) Reports or causes to be reported to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or

     (2) Pretends to furnish or causes to be furnished such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.

(cf: N.J.S.2C:28-4)

     2.    This act shall take effect immediately.

STATEMENT

     This bill enhances the penalties for falsely incriminating another person in criminal activity or making a fictitious report to law enforcement authorities. 

     Under current law, a person who knowingly gives or causes to be given false information to a law enforcement officer in order to implicate another commits a crime of the fourth degree.  Current law also provides that a person commits a disorderly persons offense if he reports to law enforcement authorities an offense or other incident that did not occur, or pretends to furnish the authorities with information relating to an arrest or incident for which he has no information.  A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.  A disorderly persons offense is punishable by imprisonment for up to six months, a fine of up to $1,000, or both.

     This bill upgrades false incrimination to a crime of the third
degree, or a crime of the second degree if the victim was implicated in a crime of the first or second degree.  A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.  A crime of the second degree is punishable by five to 10 years in prison, a fine of up to $150,000, or both.

     According to the sponsor, false police reports abuse valuable public resources and endanger the entire community by diverting the efforts of law enforcement away from genuine criminal activity.  Enhancing the penalties for these crimes will deter persons from filing these reports and squandering public resources.