A3109

An Act concerning white collar crimes 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. This act shall be known and may be cited as the “New Jersey White Collar Crime Offender Registry Act.”

2. As used in this act:

“Certificate of eligibility” means a document issued by the department stating that the offender has met the requirements of section 7 of this act.

“Department” means the Department of Law and Public Safety.

“Internet identifiers” includes all electronic mail, chat, instant message, social networking, application, software, or similar names used for Internet communication.

“Offender” means a person required to register pursuant to section 5 of this act.

3. a. The Department of Law and Public Safety shall develop and operate a system to collect, analyze, maintain, and disseminate information on offenders and make information listed in section 4 of this act available to the public.

b. Any county prosecutor shall inform the department of a person who is convicted of any of the offenses listed in section 5 of this act within 45 days.

4. The Department of Law and Public Safety shall develop and maintain a New Jersey White Collar Crime Offender Registry Internet website, and ensure that information is entered into the registry in a timely manner.

a. The registry website shall contain a disclaimer informing the public that:

(1) the information contained on the website is obtained from public records and the department does not guarantee the website’s accuracy or completeness;

(2) members of the public are not allowed to use the information available through the registry to harass or threaten an offender or members of an offender’s family; and

(3) harassment, stalking, or making threats against offenders or their families is prohibited and may be in violation of State law.

The department shall require users to indicate that they have read and understand the disclaimer and agree to comply with its terms as a condition of accessing the registry.

b. The registry website shall be indexed by the surname of the offender.

c. Except as provided in subsection f. of this section, the registry website shall include the following information:

(1) all names and aliases by which the offender is or has been known, excluding any Internet identifiers;

(2) a physical description, including the offender's date of birth, height, weight, and eye and hair color;

(3) a recent photograph of the offender; and

(4) the crimes listed in section 5 of this act, of which the offender has been convicted.

d. The department also shall provide the following information on the registry, when available:

(1) the crimes for which the offender has been convicted, noting cases in which the offender is still awaiting sentencing or has appealed the conviction;

(2) a description of the offender's targets; and

(3) any other relevant identifying information of the offender, as determined by the department.

e. The department, and any individual or entity operating under the direction of the Attorney General, are immune from civil liability for damages and will be presumed to have acted in good faith by reporting information.

f. The department shall redact the names, addresses, telephone numbers, Social Security numbers, and other information that, if disclosed, would provide the identity or location of any victim.

5. A person convicted of any of the following second degree crimes shall register with the department for the purpose of being included in the New Jersey White Collar Crime Offender Registry:

a. insurance fraud, pursuant to section 73 of P.L.2003, c.89 (C.2C:21-4.6);

b. mortgage fraud, pursuant to N.J.S.2C:21-3;

c. securities fraud, pursuant to the “Uniform “Securities Law (1967),” P.L.1967, c.93 (C.49:3-47 et seq.);

d. misapplication of entrusted property by fiduciary, pursuant to N.J.S.2C:21-15;

e. money laundering, pursuant to section 3 of P.L.1994, c.121 (C.2C:21-25);

f. theft by deception, pursuant to N.J.S.2C:20-4; and

g. any other financial or monetary crime, fraudulent act, or theft included in the rules and regulations adopted pursuant to section 8 of this act.

6. a. Except as provided in subsection c. of this section, an offender who has been convicted of any offense listed in section 5 of this act on or after January 1, 2005, shall register with the department to be included in the New Jersey White Collar Crime Offender Registry.

b. An offender who has been convicted of any offense listed in section 5 of this act shall listed be on the registry for:

(1) 10 years for a first offense;

(2) an additional 10 years for a second offense; and

(3) life if convicted of a third offense.

c. An offender shall not be required to register pursuant to subsection a. of this section if the offender:

(1) complied with all court orders at the time of sentencing;

(2) paid in full all court-ordered amounts of restitution to victims; and

(3) has not been convicted of any other offense for which registration would be required.

7. a. An offender seeking removal from the registry shall apply to the department for removal and demonstrate that:

(1) five years have passed since the completion of the offender's sentence;

(2) the offender has successfully completed all treatment ordered by the court or the State Parole Board relating to the conviction;

(3) the offender has not been convicted of any other crime, excluding traffic offenses. A “traffic offense” excludes any conviction for driving under the influence, pursuant to R.S.39:4-50, or refusal to submit to a chemical test, pursuant to section 2 of P.L.1966, c.142 (C.39:4-50.2);

(4) the offender paid all restitution ordered by the court; and

(5) the offender has not been found to be civilly liable in any case in which fraud, misrepresentation, deceit, breach of fiduciary duty, or the misuse or misappropriation of funds is an element.

Upon receiving an application from an offender, the department shall notify any victim.

b. The department shall charge a reasonable application fee, which shall be paid at the time the offender submits the application for removal from the registry to the department. Any fees collected under this subsection shall be allocated to the department to cover the costs incurred in administering this act.

c. The department shall verify the records of governmental agencies, including national criminal databases, to determine whether an offender is eligible to be removed from the registry under this section.

d. Regardless of whether the offender is prosecuted, the department may deny an offender’s application which provides false information.

A person who intentionally or knowingly provides false or misleading information to the department, when applying for removal from the registry or for the purpose of aiding an offender in being removed from the registry, is guilty of perjury, pursuant to N.J.S.2C:28-1.

e. When considering an application for removal from the registry, the department shall:

(1) review the application and documents submitted;

(2) hold a hearing if requested by a county prosecutor or a victim; and

(3) consider whether the offender has paid all restitution ordered by the court or the State Parole Board.

f. If the department grants an offender removal from the registry, it shall provide notice of its decision to any victim, by first-class mail to the most recent address of record on file, and to the county prosecutor.

g. The department shall remove an offender from the registry upon the offender providing satisfactory evidence:

(1) each conviction listed in section 5 of this act has either been expunged or reduced in degree below a second degree crime; and

(2) the offender has paid all court-ordered restitution to any victims.

8. The Department of Law and Public Safety shall adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement this act. The rules and regulations shall include, but need not be limited to, the method for dissemination of registry information and instructions to the public regarding acceptable use of the information.

9. This act shall take effect on the first day of the fourth month next following enactment.

STATEMENT

This bill creates the New Jersey White Collar Crime Offender Registry and requires the Department of Law and Public Safety to develop and maintain a registry website.

The information to be provided on the registry includes: (1) all names and aliases by which the offender is or has been known, excluding any Internet identifiers; (2) a physical description, including the offender's date of birth, height, weight, and eye and hair color; (3) a recent photograph of the offender; (4) the “white collar” crimes listed in section 5 of the bill, of which the offender has been convicted; and (5) when available, the crimes for which the offender has been convicted; a description of the offender's targets; and any other relevant identifying information of the offender.

A person convicted of the following offenses is required to be registered under the bill: insurance fraud; mortgage fraud; securities fraud; misapplication of entrusted property by fiduciary; money laundering; theft by deception; and any other financial or monetary crime, fraudulent act, or theft included in the department’s rules and regulations adopted as a result of this bill.

Offenders who were convicted of the specified offenses between December 31, 2005 and the date of this bill’s enactment will not be placed on the registry if they have complied with all court orders, paid all restitution claims, and have not been convicted of any other offenses for which registration is required.

The duration for which offenders will be placed on the registry would be 10 years for a first offense, an additional 10 years for a second offense, and for life if convicted of a third offense.

The bill also provides for a process and conditions under which a person may apply to have his or her name and information removed from the registry.