Text of NJ S 1616 (2010)

SENATE, No. 1616 STATE OF NEW JERSEY 214th LEGISLATURE INTRODUCED MARCH 4, 2010 Sponsored by: Senator PHILIP E. HAINES District 8 (Burlington) SYNOPSIS Provides enhanced penalties for making a false report to law enforcement authorities in certain circumstances. CURRENT VERSION OF TEXT As introduced. An Act concerning false reports to law enforcement authorities and amending N.J.S.2C:28-4. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. N.J.S.2C:28-4 is amended to read as follows: a. Falsely incriminating another. (1) A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree. (2) A person who knowingly gives or causes to be given false information or a description of a fictitious person to any law enforcement officer with purpose to implicate another because of race, color, religion, sexual orientation or ethnicity commits a crime of the third degree. b. Fictitious reports. [A] Except as provided in subsection c., a person commits a [disorderly persons offense] crime of the fourth degree if [he] the actor: (1) Reports or causes to be reported to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or (2) Pretends to furnish or causes to be furnished such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident. c. A person who violates subsection b. of this section is guilty of a crime of the third degree if the person acted with purpose to implicate another because of race, color, religion, sexual orientation, or ethnicity. d. In addition to any other fine, fee, or assessment imposed, any person convicted of an offense under this section shall be ordered to reimburse the governing body of the municipality for the costs incurred in investigating the false information or the fictitious report. (cf: P.L.1978, c.95) 2. This act shall take effect immediately. STATEMENT This bill would upgrade falsely incriminating another person from a crime of the fourth degree to a crime of the third degree if the person knowingly gives false information with the purpose to implicate another because of race, color, religion, sexual orientation or ethnicity. The bill would also upgrade the offense of giving a fictitious report to a law enforcement officer from a disorderly persons offense to a crime of the fourth degree. If the fictitious report is given with the purpose to implicate another because of race, color, religion, sexual orientation or ethnicity the offense would be increased to a crime of the third degree. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months or a fine of up to $10,000, or both. A crime of the third degree is punishable by a term of imprisonment of three to five years or a fine of up to $15,000, or both. In addition, the bill provides that any person convicted of either offense would be required to reimburse the municipality for any costs incurred in investigating the false information or fictitious report.