Text of NJ A 3797 (2020)

ASSEMBLY, No. 3797 STATE OF NEW JERSEY 219th LEGISLATURE INTRODUCED MARCH 16, 2020 Sponsored by: Assemblyman JOHN J. BURZICHELLI District 3 (Cumberland, Gloucester and Salem) SYNOPSIS Establishes New Jersey Bias Crime Offender Registry. CURRENT VERSION OF TEXT As introduced. An Act establishing a bias crime offender registry, supplementing Title 52 of the Revised Statutes, and amending N.J.S.2C:16-1. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. (New section) This act shall be known and may be cited as the "New Jersey Bias Crime Offender Registry Act." 2. (New section) As used in this act: "Bias crime offender" means a person convicted of a bias crime pursuant to the provisions of N.J.S.2C:16-1. "Division of Criminal Justice" or "division" means the Division of Criminal Justice in 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. 3. (New section) a. The division shall develop and maintain a New Jersey Bias Crime Offender Registry containing information relating to bias crime offenders. The division shall make available to the public the information contained in the registry via the division's Internet website. b. Except as provided in subsection g. of this section, the registry specifically shall include: (1) all names and aliases by which the bias crime offender is or has been known, excluding any Internet identifiers; (2) a physical description of the bias crime offender, including date of birth, height, weight, and eye and hair color; and (3) a recent photograph of the bias crime offender. c. The division 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 division. d. Each county prosecutor shall inform the division within 45 days of the conviction of a bias crime offender and provide the information required in subsection b. of this section. e. The division shall ensure that the information is entered into the registry in a timely manner. f. The registry website shall be indexed by the surname of the offender. g. The division 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. h. 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 division 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 division 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. i. The division and any person or entity operating under the direction of the Attorney General are immune from civil liability for damages and shall be presumed to have acted in good faith by reporting information. 4. (New section) a. A bias crime offender shall be listed on the registry for: (1) 10 years for a first offense; (2) 10 additional years for a second offense; and (3) life if convicted of a subsequent offense. b. A bias crime offender may apply to the division for removal from the registry if the offender can demonstrate that: (1) five years have passed since the completion of the offender's sentence; (2) the offender has successfully completed the division's training program on sensitivity to diverse communities as established pursuant to paragraph (2) of subsection f. of N.J.S.2C:16-1; (3) the offender has successfully completed all treatment ordered by the court or State Parole Board relating to the conviction; (4) the offender has not been convicted of any other crime or offense; or 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); (5) the offender has paid all restitution ordered by the court; and (6) 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. c. Upon receiving an application for removal from the registry, the division shall notify any victim. d. The division shall charge a reasonable application fee, which shall be paid at the time the offender submits the application for removal from the registry. Any fees collected under this subsection shall be allocated to the division to cover the costs incurred in administering this act. e. The division 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. f. Regardless of whether the offender is prosecuted, the division may deny an offender's application if it contains false information. An offender who intentionally or knowingly provides false or misleading information to the division 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. g. When considering an application for removal from the registry, the division shall: (1) review the application and documents submitted; (2) hold a hearing if requested by a county prosecutor or a victim; and (3) verify that the offender has successfully completed the division's training program on sensitivity to diverse communities as required by paragraph (2) of subsection b. of this section and has paid all restitution ordered by the court or the State Parole Board as required by paragraph (5) of subsection b. of this section. h. If the division grants an offender removal from the registry, it shall provide notice of the decision to any victim, by first-class mail to the most recent address of record on file, and to the county prosecutor. 5. N.J.S.2C:16-1 is amended to read as follows: 2C:16-1. Bias Intimidation. a. Bias Intimidation. A person is guilty of the crime of bias intimidation if [he] the person commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:33-3; N.J.S.2C:33-4; section 1 of P.L.2013, c.272 (C.2C:33-4.1); N.J.S.2C:39-3; N.J.S.2C:39-4, or N.J.S.2C:39-5[,]: (1) with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity; or (2) knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity[; or]. (3) [under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity, or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity.] Deleted by amendment, P.L. c. (pending before the Legislature as this bill) b. Permissive inference concerning selection of targeted person or property. Proof that the target of the underlying offense was selected by the defendant, or by another acting in concert with the defendant, because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity shall give rise to a permissive inference by the trier of fact that the defendant acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity. c. Grading. Bias intimidation is a crime of the fourth degree if the underlying offense referred to in subsection a. is a disorderly persons offense or petty disorderly persons offense. Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime referred to in subsection a., except that where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years. d. Gender exemption in sexual offense prosecutions. It shall not be a violation of subsection a. if the underlying criminal offense is a violation of chapter 14 of Title 2C of the New Jersey Statutes and the circumstance specified in paragraph (1)[,] or (2) [or (3)] of subsection a. of this section is based solely upon the gender of the victim. e. Merger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for bias intimidation shall not merge with a conviction of any of the underlying offenses referred to in subsection a. of this section, nor shall any conviction for such underlying offense merge with a conviction for bias intimidation. The court shall impose separate sentences upon a conviction for bias intimidation and a conviction of any underlying offense. f. Additional Penalties. (1) In addition to any fine imposed pursuant to N.J.S.2C:43-3 or any term of imprisonment imposed pursuant to N.J.S.2C:43-6, a court may order a person convicted of bias intimidation to one or more of the following: [(1)] (a) complete a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights; [(2)] (b) complete a counseling program intended to reduce the tendency toward violent and antisocial behavior; and [(3)] (c) make payments or other compensation to a community-based program or local agency that provides services to victims of bias intimidation. (2) The Division of Criminal Justice, in consultation with the Division on Civil Rights, shall establish and maintain a Statewide evidence-based training program on sensitivity to diverse communities for defendants who have been convicted of bias intimidation. The training program shall address topics including, but not limited to: (a) gender and sexual orientation; (b) race and ethnicity; (c) disabilities; (d) religious tolerance; (e) unconscious bias; and (f) diversity and inclusion. The division periodically shall update the training program to incorporate the most recent information available to facilitate a productive discourse on issues of diversity and bias. (3) The division shall provide grants to community-based programs, local agencies, or other organizations that provide counseling services to reduce violent and antisocial behavior and to those that provide services to victims of bias crimes. g. As used in this section "gender identity or expression" means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth. h. It shall not be a defense to a prosecution for a crime under this section that the defendant was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity of the victim. (cf: P.L.2007, c.303, s.1) 6. (New section) 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 not be limited to, the method for dissemination of registry information and instructions to the public regarding acceptable use of the information. 7. This act shall take effect on the first day of the fourth month next following enactment, but the Director of the Division of Criminal Justice in the Department of Law and Public Safety may take such anticipatory administrative action in advance as may be necessary for the implementation of this act. STATEMENT This bill requires the Division of Criminal Justice to establish the "New Jersey Bias Crime Offender Registry" containing information relating to bias crime offenders. The registry information is to be made available to the public on the division's website. The registry specifically is to contain the names and aliases used by the bias crime offender; the offender's date of birth, height, weight, and eye and hair color; and a recent photograph of the bias crime offender. If available, the registry also is to include the crimes for which the offender has been convicted; a description of the offender's targets; and any other identifying information deemed relevant by the division. The bill requires the county prosecutor to inform the division within 45 days of the conviction of a bias crime offender. The division is to enter the information pertaining to that offender into the registry in a timely manner. Names, addresses, telephone numbers, Social Security numbers, and other information that, if disclosed, would provide the identity or location of any victim, is to be redacted. The registry website is to contain a disclaimer informing the public that the information contained in the registry is obtained from public records and the accuracy or completeness of the information is not guaranteed. The disclaimer also is to contain a statement that the registry information is not to be used to harass or threaten an offender or members of an offender's family and that harassment, stalking, or making threats against offenders or family members is prohibited and may constitute a criminal offense. Users of the registry will be required to indicate that they have read and understand the disclaimer and agree to comply with its terms. A bias crime offender is required to be listed on the registry for 10 years for a first offense; 10 additional years for a second offense; and life for a subsequent offense. However, a bias crime offender may apply to the division for removal from the registry if the offender can meet certain conditions. The offender may apply for removal five years after completing the criminal sentence, provided the offender has successfully completed all treatment; has not been convicted of any other crime, offense, drunk driving, or refusal to submit to a breathalyzer; has paid all restitution; and has not been found to be liable in certain civil cases. In addition to these conditions, a bias crime offender may only be removed from the registry if the offender successfully completes a Statewide evidence-based training program on sensitivity to diverse communities as developed by the division in consultation with the Division on Civil Rights. The training program is to address such topics as gender and sexual orientation; race and ethnicity; disabilities; religious tolerance; unconscious bias; and diversity and inclusion. Victims are to be notified when a bias crime offender applies for removal from the registry and victims and the county prosecutor are to be notified when removal is granted. Application fees paid by the offender to be removed are to be used for the costs of implementing the bill's provisions. An offender who provides false information on an application is guilty of perjury.