STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman EDWARD H. THOMSON
District 30 (Monmouth and Ocean)
SYNOPSIS
Requires AG to defend challenges to certain municipal ordinances that establish residency requirements for convicted sex offenders.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act requiring the Attorney General to defend certain challenges concerning sex offenders and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Within 90 days of the effective date of this act, the Attorney General shall promulgate a model municipal ordinance that establishes a residency prohibition on any person subject to the registration requirement set forth in P.L.1994, c.133 (C.2C:7-1 et seq.) and whose risk of re-offense has been assessed as moderate or high pursuant to section 3 of P.L.1994, c. 128 (C.2C:7-8). The model ordinance shall not contain provisions that would restrict the constitutional right to travel or require any person to move from their current place of residence.
2. Upon the request of the governing body of any municipality in this State, the Attorney General shall defend any civil action brought by a plaintiff that challenges an ordinance adopted by a municipality that is identical to the model ordinance promulgated pursuant to this section. The Attorney General shall provide, at no cost to the municipality, representation personally or by an assistant that the Attorney General shall designate.
3. This act shall take effect immediately.
STATEMENT
Many municipalities throughout New Jersey have either passed or introduced ordinances that ban convicted sex offenders from living near schools, child care centers, and other areas where children congregate. These municipalities lack adequate funding to defend legal challenges against sex offender residency requirements. This bill would require the Attorney General to promulgate a model municipal ordinance that establishes residency restrictions for convicted sex offenders. Under the bill, the model ordinance shall not contain provisions that would violate an individual’s constitutional right to travel or require individuals to move from their current residence. The Attorney General would be required to defend any civil action brought by a plaintiff that challenges a municipal ordinance that is identical to the model ordinance. The Attorney General would provide this legal representation at no cost to the municipality.