Sponsored by:
Senator NELLIE POU
District 35 (Bergen and Passaic)
SYNOPSIS
Establishes 14 years old as minimum age for juvenile delinquency.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning juvenile delinquency and amending P.L.1982, c.77.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1982, c.77 (C.2A:4A-23) is amended to read as follows:
4. Definition of delinquency. As used in [this act] P.L.1982, c.77 (C.2A:4A-20 et al.), "delinquency" means the commission of an act by a juvenile 14 years of age or older which if committed by an adult would constitute:
a. A crime;
b. A disorderly persons offense or petty disorderly persons offense; or
c. A violation of any other penal statute, ordinance or regulation.
But, the commission of:
(1) an act which constitutes a violation of chapter 3, 4, 6 or 8 of Title 39 of the Revised Statutes by a juvenile of any age;
(2) an act relating to the ownership or operation of a motorized bicycle which constitutes a violation of chapter 3 or 4 of Title 39 of the Revised Statutes by a juvenile of any age;
(3) an act which constitutes a violation of article 3 or 6 of chapter 4 of Title 39 of the Revised Statutes pertaining to pedestrians and bicycles, by a juvenile of any age;
(4) the commission of an act which constitutes a violation of P.L.1981, c.318 (C.26:3D-1 et seq.), P.L.1981, c.319 (C.26:3D-7 et seq.), P.L.1981, c.320 (C.26:3D-15 et seq.), P.L.1985, c.185 (C.26:3E-7 et seq.), P.L.1985, c.186 (C.26:3D-32 et seq.), N.J.S.2C:33-13, P.L.1985, c.318 (C.26:3D-38 et seq.), P.L.1985, c.381 (C.26:3D-46 et seq.), or of any amendment or supplement thereof, by a juvenile of any age;
(5) an act which constitutes a violation of chapter 7 of Title 12 of the Revised Statutes relating to the regulation and registration of power vessels, by a juvenile of any age or section 2 of P.L.1987, c.453 (C.12:7-61); or
(6) an act which constitutes a violation of a municipal ordinance enacted pursuant to section 2 of P.L.1992, c.132 (C.40:48-2.52) pertaining to curfew ordinances shall not constitute delinquency as defined in this [act] section. The municipal court having jurisdiction over a case involving a violation by a juvenile of a section of Title 26 listed in this subsection, Title 40 listed in this subsection or N.J.S.2C:33-13, shall forward a copy of the record of conviction in that case to the Family Part intake service of the county where the municipal court is located. If a municipal court
orders detention or imposes a term of imprisonment on a juvenile in connection with a violation of Title 39 of the Revised Statutes, chapter 7 of Title 12 of the Revised Statutes, Title 40 of the Revised Statutes or N.J.S.2C:33-13, that detention or term of imprisonment shall be served at a suitable juvenile institution and not at a county jail or county workhouse.
(cf: P.L.1997, c.383, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill sets the minimum age at which a juvenile can be adjudicated delinquent at 14 years or older.
Under the New Jersey Code of Juvenile Justice, “delinquency” is defined as the commission of an act by a juvenile which, if committed by an adult, would constitute a crime of the first through fourth degree; a disorderly persons offense or petty disorderly persons offense; or a violation of any other penal statute, ordinance, or regulation, with certain exceptions. The code currently defines a “juvenile” as a person under 18 years of age.
This bill changes the definition of delinquency in the code to establish the minimum age at which a juvenile could be adjudicated delinquent to 14 years of age or older.