Sponsored by:
Senator NELLIE POU
District 35 (Bergen and Passaic)
SYNOPSIS
Establishes 14 years old as minimum age for juvenile delinquency; requires AG to establish working group to advise on implementation.
CURRENT VERSION OF TEXT
As reported by the Senate Law and Public Safety Committee on December 18, 2023, with amendments.
An Act concerning juvenile delinquency 1[and] ,1 amending P.L.1982, c.77 1, and supplementing Title 2A of the New Jersey Statutes1.
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)
12. a. (New section) The Attorney General shall establish a Juvenile Justice working group. The purpose of the working group shall be to advise on the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The working group shall consist of members appointed by the Attorney General, in consultation with the Executive Director of the Juvenile Justice Commission, and shall include, but not be limited to, the following members: a representative of the mental health community, a representative of law enforcement, three representatives of community organizations involved in civil rights and social justice; a representative of the Division of Child Protection and Permanency in the Department of Children and Families; the Public Defender, or a designee; a member of the faculty of a law school in this State with clinical experience in juvenile justice matters; and the Administrative Director of the Administrative Office of the Courts, or a designee.1
1[2.] 3.1 This act shall take effect 1[immediately] on the first day of the nineteenth month after enactment1.