S4738

An Act concerning transnational criminal organizations 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. a. As used in this act:

“Country” means the United States or any other foreign country, including any political subdivision, territory, dependency, or possession of that country.

“Serious bodily injury” means bodily injury that creates a substantial risk of death, causes serious, permanent disfigurement, or results in a protracted loss or impairment of the function of any bodily member or organ.

“Transnational criminal organization” means a group of three or more persons acting in concert to commit or attempt to commit any crime enumerated in subsection c of this section, if the conduct constituting the crime or attempt occurs in: (1) more than one country; (2) one country, but a substantial part of its preparation, planning, direction, or control occurs in another country; (3) one country, but the group engages in criminal activities in more than one country; or (4) one country, but the criminal activity has substantial effects in another country.

b. A person is guilty of transnationally organized criminality if, for the benefit of, at the direction of, or in association with a transnational criminal organization, the person knowingly commits, attempts to commit, or conspires to commit, any crime set forth in subsection d. of this section.

c. Transnationally organized criminality is a crime of the first degree. Notwithstanding any other provision of law to the contrary, any person convicted under this section shall be sentenced to a term of 30 years, during which the person shall not be eligible for parole, or to a specific term of years between 30 years and life imprisonment, of which the person shall serve not less than 30 years before being eligible for parole. If a violation of this section results in death, the person shall be sentenced to a term of life imprisonment, during which the person shall not be eligible for parole.

d. The crimes encompassed by this section are: murder pursuant to N.J.S.2C:11-3; aggravated manslaughter or manslaughter pursuant to N.J.S.2C:11-4; vehicular homicide pursuant to N.J.S.2C:11-5; aggravated assault pursuant to subsection b. of N.J.S.2C:12-1; disarming a law enforcement officer pursuant to section 1 of P.L.1996, c.14 (C.2C:12-11); kidnapping pursuant to N.J.S.2C:13-1; criminal restraint pursuant to N.J.S.2C:13-2; robbery pursuant to N.J.S.2C:15-1; carjacking pursuant to section 1 of P.L.1993, c.221 (C.2C:15-2); aggravated arson or arson pursuant to subsection a. and b. of N.J.S.2C:17-1; causing or risking widespread injury or damage pursuant to N.J.S.2C:17-2; damage to nuclear plant with the purpose to cause or threat to cause release of radiation pursuant to section 1 of P.L.1983, c.480 (C.2C:17-7); damage to a nuclear plant resulting in death by radiation pursuant to section 2 of P.L.1983, c.480 (C.2C:17-8); damage to nuclear plant resulting in injury by radiation pursuant to section 3 of P.L.1983, c.480 (C.2C:17-9); burglary pursuant to N.J.S.2C:18-2; producing or possessing chemical weapons, biological agents, or nuclear or radiological devices pursuant to section 3 of P.L.2002, c.26 (C.2C:38-3); possession of prohibited weapons and devices pursuant to N.J.S.2C:39-3; possession of weapons for unlawful purposes pursuant to N.J.S.2C:39-4; unlawful possession of weapons pursuant to N.J.S.2C:39-5; weapons training for illegal activities pursuant to section 1 of P.L.1983, c.229 (C.2C:39-14); racketeering pursuant to N.J.S.2C:41-1 et seq.; and any other crime involving a risk of death or serious bodily injury to any person.

e. A prosecution pursuant to this section may be brought by the Attorney General, the Attorney General’s assistants and deputies within the Division of Criminal Justice, or by a county prosecutor or a designated assistant prosecutor if the county prosecutor is expressly authorized in writing by the Attorney General to prosecute a violation of this section.

f. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction pursuant to this section shall not merge with a conviction of any other crime or offense, nor shall any other conviction merge with a conviction under this section. The court shall impose separate sentences for each violation of this section and for any other crime or offense.

g. Nothing contained in this section shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for murder under N.J.S.2C:11-3 or for any other offense.

2. This act shall take effect immediately.

STATEMENT

This bill establishes the crime of transnationally organized criminality.

Under the bill, a person is guilty of transnationally organized criminality if, for the benefit of, at the direction of, or in association with a transnational criminal organization, the person knowingly commits, attempts to commit, or conspires to commit, certain crimes. The bill defines “transnational criminal organization” as any group of three or more persons acting in concert to commit or attempt to commit any crime enumerated in the bill, if the conduct constituting the crime or attempt occurs in: (1) more than one country; (2) one country, but a substantial part of its preparation, planning, direction, or control occurs in another country; (3) one country, but the group engages in criminal activities in more than one country; or (4) one country, but the criminal activity has substantial effects in another country.

The crimes encompassed by the bill include murder; aggravated manslaughter or manslaughter; vehicular homicide; aggravated assault; disarming a law enforcement officer; kidnapping; criminal restraint; robbery; carjacking; aggravated arson or arson; causing or risking widespread injury or damage; damage to nuclear plant with the purpose to cause or threat to cause release of radiation; damage to nuclear plant resulting in death by radiation; damage to nuclear plant resulting in injury by radiation; burglary; producing or possessing chemical weapons, biological agents, or nuclear or radiological devices; possession of prohibited weapons and devices; possession of weapons for unlawful purposes; unlawful possession of weapons; weapons training for illegal activities; racketeering; and any other crime involving a risk of death or serious bodily injury to any person.

Transnationally organized criminality is a first-degree crime. The bill provides that a person convicted is to be sentenced to a term of 30 years, during which the person will not be eligible for parole, or to a specific term of years between 30 years and life imprisonment, of which the person shall serve not less than 30 years before being eligible for parole. In addition, if the associated crime results in death, the person is to be sentenced to a term of life imprisonment, during which the person will not be eligible for parole.

Under the bill, a conviction for transnationally organized criminality will not merge with a conviction for any other crime or offense, and the court is to impose a separate sentence for a violation of the bill’s provisions and for any other crime or offense.