Sponsored by:
Senator DOUGLAS J. STEINHARDT
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Clarifies crime of highway and public passage obstruction and increases penalties.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning highways and other public passages and amending N.J.S.2C:33-7.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2C:33-7 is amended to read as follows:
a. (1) A person[,] who, having no legal privilege to do so, [purposely or] recklessly obstructs any highway or other public passage whether alone or with others, commits a [petty] disorderly persons offense. ["Obstructs" means renders impassable without unreasonable inconvenience or hazard.] No person shall be deemed guilty of recklessly obstructing in violation of this subsection solely because of a gathering of persons to hear him speak or otherwise communicate, or solely because of being a member of such a gathering.
(2) A person who, having no legal privilege to do so, purposely obstructs, delays, or affects commerce or the movement of any article or commodity in commerce by obstructing any highway or other public passage whether alone or with others, commits a crime of the fourth degree.
For purposes of this section:
“Obstructs" means renders impassable without unreasonable inconvenience or hazard.
b. A person in a gathering commits a [petty] disorderly persons offense if he refuses to obey a reasonable official request or order to move:
(1) To prevent obstruction of a highway or other public passage; or
(2) To maintain public safety by dispersing those gathered in dangerous proximity to a fire or other hazard.
An order to move, addressed to a person whose speech or other lawful behavior attracts an obstructing audience, shall not be deemed reasonable if the obstruction can be readily remedied by police control of the size or location of the gathering.
(cf: N.J.S.2C:33-7)
2. This act shall take effect immediately.
STATEMENT
This bill creates separate crimes for recklessly and purposefully obstructing a highway or public passage in this State and increases the penalties for doing so.
Under current law, it is a petty disorderly offense for a person, who, having no legal privilege to do so, purposely or recklessly obstructs any highway or other public passage whether alone or with others. Further, it is a petty disorderly persons offense for a person in a gathering to refuse to obey a reasonable official request or order to move off the highway or public passage. A petty disorderly offense is punishable by up to 30 days imprisonment, a fine of up to $500, or both.
Under the bill, it is a disorderly persons offense for a person who, having no legal privilege to do so, recklessly obstructs any highway or other public passage. Further, it is a crime of the fourth degree for a person who, having no legal privilege to do so, purposely obstructs, delays, or affects commerce or the movement of any article or commodity in commerce by obstructing any highway or other public passage. Finally, the bill makes it a disorderly persons offense for a person in a gathering to refuse to obey a reasonable official request or order to move off the highway or public passage. A disorderly persons offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.