Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Bars sexual activity in certain government facilities; establishes civil penalties for violations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning prohibited sexual activity in government facilities and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
“Elected public official” means a person elected to a public office in the State.
“Government facility” includes but is not limited to any State, county, or municipal government building or office; legislative office; court room; Board of Education facility; or other building or facility owned or leased by a State, county, or government entity.
“Intimate parts” means a person’s sexual organs, genital area, anal area, inner thigh, groin, buttock or breast.
“Lewdness” means the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of a person.
“Public employee” means an employee of a public entity.
“Public entity” includes the State, and any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State.
“Sexual activity” means sexual contact, sexual penetration, or lewdness.
“Sexual contact” means an intentional touching by a person, either directly or through clothing, of another person’s intimate parts for the purpose of sexually arousing or sexually gratifying a person.
“Sexual penetration” means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina of another person.
2. a. Any person, including but not limited to a public employee or elected public official, who engages in sexual activity in a government facility, as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be subject to a civil penalty between $1,000 and $5,000 for a first offense and up to $10,000 for a second or subsequent offense.
b. The civil penalty set out in subsection a. of this section shall be collected and enforced by summary proceedings pursuant to the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).
3. In addition to the civil penalty set forth in subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), a violation of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) by a public official, member of the Legislature, or public employee shall be referred to, as applicable, the State Ethics Commission established pursuant to P.L.1971, c.182 (C.52:13D-12 et seq.), the Joint Legislative Committee on Ethical Standards, established pursuant to section 11 of P.L.1971, c.182 (C.52:13D-22), the Local Finance Board in the Department of Community Affairs, or the local ethics board for disciplinary action.
4. The State Ethics Commission, the Joint Legislative Committee on Ethical Standards, and the Local Finance Board in the Department of Community Affairs shall, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of this act.
5. The imposition of a civil penalty pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not preclude prosecution for a violation of the criminal laws of this State, including but not limited to sexual assault, sexual contact, or lewdness.
6. This act shall take effect on the 90th day following enactment.
STATEMENT
This bill bans sexual activity in certain government facilities and establishes civil penalties for such acts. As defined in the bill, “sexual activity” means sexual contact, sexual penetration, or lewdness, as set out in the Criminal Code. The bill applies to all persons, including but not limited to public employees and elected public officials. A person who violates the bill is subject to a civil penalty between $1,000 and $5,000 for a first offense and up to $10,000 for a second or subsequent offense.
In addition to the civil penalty, a violation by a public official, member of the Legislature, or public employee would be referred for disciplinary action to, as appropriate, the State Ethics Commission, the Joint Legislative Committee on Ethical Standards, the Local Finance Board in the Department of Community Affairs, or the applicable local government ethics board.
The bill specifies that the imposition of a civil penalty does not preclude prosecution for a violation of the criminal laws of this State, including but not limited to sexual assault, sexual contact, or lewdness.
It is the view of the sponsor that sexual conduct in taxpayer-funded government facilities undermines public confidence and workplace safety. In addition, public servants must be held to high ethical standards.