ASSEMBLY, No. 670

STATE OF NEW JERSEY

217th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

Sponsored by:

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

SYNOPSIS

     Requires suspension of member of Legislature indicted for certain crimes or offenses that, upon conviction, require forfeiture of office.

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

An Act requiring the suspension of any member of the Legislature upon indictment for certain crimes or offenses, and supplementing chapter 13 of Title 52 of the Revised Statutes.

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

     1.    Any member of the Legislature indicted for a crime under the laws of this State or the United States, or for an offense in any other jurisdiction that would be a crime if committed in New Jersey, that results, upon conviction, in forfeiture of office pursuant to N.J.S.2C:51-2, shall be suspended from that office together with salary and all other benefits inuring therefrom, until either convicted or exonerated of the charges in the indictment or upon dismissal of the indictment.

     During the period such a person is suspended, the office shall be filled temporarily in the following manner.  If the indicted member of the Legislature is a Senator who is a member of the same political party as the political party of the majority of the members in the Senate, the Senate President shall appoint the temporary replacement.  If the indicted member of the Legislature is a Senator who is a member of a political party that is not the same as the political party of the majority of the members in the Senate, the Minority Leader of that party shall appoint the temporary replacement.  If the indicted member of the Legislature is an Assembly member who is a member of the same political party as the political party of the majority of the members of the General Assembly, the Speaker shall appoint the temporary replacement.  If the indicted member of the Legislature is an Assembly member who is a member of a political party that is not the same as the political party of the majority of the members in the General Assembly, the Minority Leader of that party shall appoint the temporary replacement.

     If a member of the Legislature is convicted of a crime or offense that results in forfeiture of office pursuant to N.J.S.2C:51-2, then the calculation of loss of salary and benefits shall be computed using the date of suspension.  If a member of the Legislature who has been suspended from office pursuant to this section is exonerated of the charges in the indictment that would have, if convicted, resulted in forfeiture of office pursuant to N.J.S.2C:51-2 or if the indictment is dismissed, the member shall be entitled to a recovery of salary and all other benefits from the date of the suspension, provided a written application therefore shall be filed with the presiding officer of the House in which that person is a member.

     2.    This act shall take effect immediately.

STATEMENT

     This bill provides that any member of the Legislature indicted for a crime under the laws of this State or the United States, or for an offense in any other jurisdiction that would be a crime if committed in New Jersey, that results, upon conviction, in forfeiture of office pursuant to N.J.S.2C:51-2, would be suspended from that office together with salary and all other benefits inuring therefrom, until either convicted or exonerated of the charges in the indictment or upon dismissal of the indictment. 

     If a member of the Legislature is suspended, the office would be filled temporarily by the Senate President, if the indicted member is a Senator who is a member of the same political party as the political party of the majority of the members in the Senate, by the Minority Leader of that party if the indicted member of the Legislature is a Senator who is a member of a political party that is not the same as the political party of the majority of the members in the Senate, by the Speaker of the General Assembly if the indicted member is an Assembly member who is a member of the same political party as the political party of the majority of the members of the General Assembly, or by the Minority Leader of that party if the indicted member is an Assembly member who is a member of a political party that is not the same as the political party of the majority of the members in the General Assembly

     If a member of the Legislature is ultimately convicted and it results in a forfeiture of office, any loss of salary and benefits would date back to the time of suspension.  If a member is exonerated or if the indictment is dismissed, the member would be entitled to back-pay reinstatement of all other benefits, if any, from the date of the suspension.