ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2101

with committee amendments

STATE OF NEW JERSEY

DATED:  APRIL 4, 2016

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 2101.

     This bill as amended provides that a teacher or other school employee who commits an act of sexual penetration with a student who is 18 or older and less than 20 years old is guilty of the crime of sexual assault under certain circumstances.

     As introduced, this bill had applied only to teaching staff members. The amendments add substitute teachers, school bus drivers, other school employees, contracted service providers, and volunteers to the provisions of the bill.  In addition, the amendments add as an element of the crime that the actor must have “supervisory or disciplinary power of any nature or in any capacity” over the victim.

     Under current law, a person with “supervisory or disciplinary power of any nature or in any capacity” over a minor at least 16 but less than 18 years old who commits an act of sexual penetration with that minor is guilty of sexual assault.

     Under the bill as amended, a person would be guilty of sexual assault if he commits an act of sexual penetration with a victim who is 18 years old or older and less than 20 years old if the victim is a student in a school where the actor is a teaching staff member, substitute teacher, school bus driver, other school employee, contracted service provider, or volunteer and the actor has supervisory or disciplinary power of any nature or in any capacity over the victim.

     Sexual assault is a crime of the second degree.  A crime of the second degree is generally punishable by a term of imprisonment of five to 10 years, or a fine of up to $150,000, or both.

     The bill provides that the term “teaching staff member” has the meaning set forth in N.J.S.18A:1-1: “a member of the professional staff of any district or regional board of education, or any board of education of a county vocational school, holding office, position or employment of such character that the qualifications, for such office, position or employment, require him to hold a valid and effective standard, provisional or emergency certificate, appropriate to his office, position or employment, issued by the State Board of Examiners and includes a school nurse and a school athletic trainer.”

     The term “school” as used in the bill does not include post-high school education. As defined in N.J.S.2C:1-14 of the Criminal Code, “school” means “a public or nonpublic elementary or secondary school within this State offering education in grades K through 12, or any combination thereof, at which a child may legally fulfill compulsory school attendance requirements.”

      This bill was pre-filed for introduction in the 2016-2017 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      1. In subparagraph (5) of section c. of subsection N.J.S.2C:14-2, after “teaching staff member” add “or substitute teacher, school bus driver, other school employee, contracted service provider, or volunteer and the actor has supervisory or disciplinary power of any nature or in any capacity over the victim.”