Sponsored by:
Senator JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
SYNOPSIS
Creates disorderly persons offense of purporting to be public utility employee to gain access to residence.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning intentional misrepresentation of status as public utility employee and amending P.L.2007, c.232.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2007, c.232 (C.2C:21-35) is amended to read as follows:
2. a. A person who knowingly sells, offers or exposes for sale, or otherwise transfers, or possesses with the intent to sell, offer or expose for sale, or otherwise transfer, a document, printed form or other writing which falsely purports to be a public utility employee identification badge as required under the provisions of P.L.1977, c.35 (C.48:3-42 et seq.) which could be used as a means of verifying a person's identity as a public utility employee is guilty of a crime of the second degree.
b. A person who knowingly makes, or possesses devices or materials to make, a document or other writing which falsely purports to be a public utility employee identification badge as required under the provisions of P.L.1977, c.35 (C.48:3-42 et seq.) which could be used as a means of verifying a person's identity as a public utility employee is guilty of a crime of the second degree.
c. A person who knowingly exhibits, displays or utters a document or other writing which falsely purports to be a public utility employee identification badge as required under the provisions of P.L.1977, c.35 (C.48:3-42 et seq.) which could be used as a means of verifying a person's identity as a public utility employee is guilty of a crime of the third degree.
d. A person who knowingly possesses a document or other writing which falsely purports to be a public utility employee identification badge as required under the provisions of P.L.1977, c.35 (C.48:3-42 et seq.) which could be used as a means of verifying a person's identity as a public utility employee is guilty of a crime of the fourth degree.
e. A person who, for the purpose of gaining access to a residence, purports to be a public utility employee and is admitted to a residence based on the claimed status, but (1) does not possess any documents or writing as required under the provisions of P.L.1977, c.35 (C.48:3-42 et seq.), and (2) does not have authority to access property furnished to the residence by any public utility, is guilty of a disorderly persons offense.
(cf: P.L.2007, c.232, s.2)
2. This act shall take
effect immediately.
STATEMENT
At present, the sale, manufacture, use, or possession of a false public utility employee identification badge constitutes criminal conduct. In order to increase public confidence in authorized public utility workers, and enhance security, public utility workers are required by law to prominently wear a public utility-issued identification badge at service calls. Since this fact may not be commonly known to public utility customers, an actor who verbally misrepresents his status as a public utility employee, but does not use a badge to gain access to a residence, may still deceive public utility customers and expose them to danger.
This bill provides that a person who, for the purpose of gaining access to a residence, purports to be a public utility employee and is admitted to a residence based on the claimed status, but (1) does not possess any documents or writing as required under the provisions of P.L.1977, c.35 (C.48:3-42 et seq.), and (2) does not have authority to access property furnished to the residence by any public utility, is guilty of a disorderly persons offense.
A recent incident in New Jersey involved an actor, not a public utility employee, who simply declared to a homeowner that he was a public utility worker sent to perform an inspection. Based upon that representation, he was admitted to the residence, became aggressive towards the homeowner and demanded access to every room of the premises.