Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Assemblyman GREGORY P. MCGUCKIN
District 10 (Ocean)
Co-Sponsored by:
Assemblyman Wolfe
SYNOPSIS
Prohibits certain sex offenders from holding position or participating in youth ministry.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning sex offenders and amending P.L.2009, c.139.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2009, c.139 (C.2C:7-22) is amended to read as follows:
1. As used in this act:
"Excluded sex offender" means a person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for the commission of a sex offense, as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2), which involves a victim under 18 years of age.
"Youth serving organization" means a sports team, league, athletic association, youth ministry, or any other corporation, association, or organization, excluding public and nonpublic schools, which provides recreational, educational, cultural, social, charitable, or other activities or services to persons under 18 years of age.
(cf: P.L.2009, c.139, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill prohibits certain sex offenders from holding a position or participating in a youth ministry.
Under current law, sex offenders who have been convicted, adjudicated delinquent, or found not guilty by reason of insanity for committing a sex offense under Megan’s Law which involves a victim under 18 years of age are prohibited from holding a position or participating, in a paid or unpaid capacity, in a youth serving organization. Current law defines a youth serving organization as a sports team, league, athletic association, or any other corporation, association, or organization, excluding public and nonpublic schools, which provides recreational, educational, cultural, social, charitable, or other activities or services to persons under 18 years of age.
Under this bill, these sex offenders also would be prohibited from holding a position or participating in a youth ministry, also commonly referred to as a church youth group.
This bill is in response to a recent New Jersey Appellate Division case, State v. S.B. No.A-5063-14T3 (App. Div. 2016). The court held in this case that a youth ministry associated with a church is not a youth serving organization as defined under current law. Therefore, a sex offender would not be prohibited, under current law, from holding a position or participating in a youth ministry. This bill would reverse the decision.