S2578

An Act concerning bias intimidation and false reports to law enforcement authorities and amending N.J.S.2C:16-1.

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

1. N.J.S.2C:16-1 is amended to read as follows:

2C:16-1. Bias Intimidation.

a. Bias Intimidation. A person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4 [or], N.J.S.2C:39-5, or N.J.S.2C:28-4,

(1) with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or

(2) knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or

(3) under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity, or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.

b. Permissive inference concerning selection of targeted person or property. Proof that the target of the underlying offense was selected by the defendant, or by another acting in concert with the defendant, because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity shall give rise to a permissive inference by the trier of fact that the defendant acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.

c. Grading. Bias intimidation is a crime of the fourth degree if the underlying offense referred to in subsection a. of this section is a disorderly persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime referred to in subsection a. of this section, except that where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years.

d. Gender exemption in sexual offense prosecutions. It shall not be a violation of subsection a. of this section if the underlying criminal offense is a violation of chapter 14 of Title 2C of the New Jersey Statutes and the circumstance specified in paragraph (1), (2) or (3) of subsection a. of this section is based solely upon the gender of the victim.

e. Merger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for bias intimidation shall not merge with a conviction of any of the underlying offenses referred to in subsection a. of this section, nor shall any conviction for such underlying offense merge with a conviction for bias intimidation. The court shall impose separate sentences upon a conviction for bias intimidation and a conviction of any underlying offense.

f. Additional Penalties. In addition to any fine imposed pursuant to N.J.S.2C:43-3 or any term of imprisonment imposed pursuant to N.J.S.2C:43-6, a court may order a person convicted of bias intimidation to one or more of the following:

(1) complete a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights;

(2) complete a counseling program intended to reduce the tendency toward violent and antisocial behavior; and

(3) make payments or other compensation to a community-based program or local agency that provides services to victims of bias intimidation.

g. As used in this section "gender identity or expression" means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth.

h. It shall not be a defense to a prosecution for a crime under this section that the defendant was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity of the victim.

(cf: P.L.2007, c.303, s.1)

2. This act shall take effect on the 60^th day following enactment and shall be applicable to acts committed on or after the effective date.

STATEMENT

This bill provides that the crime of providing false reports to law enforcement authorities would constitute bias intimidation under certain circumstances.

Pursuant to N.J.S.2C:16-1, a person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an enumerated offense under certain circumstances. The enumerated offenses are those set out in chapters 11 through 18 of Title 2C as well as N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4, and N.J.S.2C:39-5. Among other provisions, the statute provides that the person will be guilty of bias intimidation if he committed an enumerated offense (1) with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or (2) knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.

The offenses found in chapters 11 through 18 of Title 2C include, but are not limited to, terroristic threats, assault, murder, and arson. The crimes specifically listed are N.J.S.2C:33-4, harassment; N.J.S.2C:39-3, prohibited weapons and devices; N.J.S.2C:39-4, possession of weapons for an unlawful purpose; and N.J.S.2C:39-5, unlawful possession of weapons.

Bias intimidation is a crime of the fourth degree if the underlying offense is a disorderly persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a crime graded one degree higher than the most serious underlying crime, except that in cases in which the underlying crime is of the first degree, bias intimidation is a crime of the first degree and the defendant upon conviction may be sentenced to an ordinary term of imprisonment between 15 and 30 years.

This bill would expand the list of underlying offenses constituting bias intimidation to include false reports to law enforcement authorities (N.J.S.2C:28-4). Under subsection a. of N.J.S.2C:28-4, Falsely Incriminating Another, a person is guilty of a crime of the third degree if he knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another. It is a crime of the second degree if the false information would implicate the person in a crime of the first or second degree. Under subsection b. of N.J.S.2C:28-4, Fictitious Reports, a person commits a 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.

A crime of the fourth degree is punishable by up to 18 months’ imprisonment, a fine up to $10,000, or both; a crime of the third degree, by a term of imprisonment of three to five years, a fine of up to $15,000, or both; a crime of the second degree, by a term of imprisonment of five to 10 years or a fine up to $150,000, or both; and a crime of the first degree, by a term of imprisonment of 10 to 20 years or a fine of up to $200,000, or both.