Establishes a 500 foot drug free zone around child care centers.

A1884

ASSEMBLY, No. 1884

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman CLEOPATRA G. TUCKER

District 28 (Essex and Union)

SYNOPSIS

���� Establishes a 500 foot drug free zone around child
care centers.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the distribution of controlled dangerous
substances and amending P.L.1987, c.101.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.1987,
c.101 (C.2C:35-7) is amended to read as follows:

���� 1.��� a.� Any person who
violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or
possessing with intent to distribute a controlled dangerous substance or
controlled substance analog while on any school property used for school
purposes which is owned by or leased to any elementary or secondary school or
school board, or within 1,000 feet of such school property or a school bus, or
while on any school bus,
or on or within 500 feet of a child care center
licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.)
is guilty of a
crime of the third degree and shall, except as provided in N.J.S.2C:35-12, be
sentenced by the court to a term of imprisonment.� Where the violation involves
less than one ounce of marijuana, the term of imprisonment shall include the
imposition of a minimum term which shall be fixed at, or between, one-third and
one-half of the sentence imposed, or one year, whichever is greater, during
which the defendant shall be ineligible for parole.� In all other cases, the
term of imprisonment shall include the imposition of a minimum term which shall
be fixed at, or between, one-third and one-half of the sentence imposed, or
three years, whichever is greater, during which the defendant shall be
ineligible for parole. Notwithstanding the provisions of subsection b. of
N.J.S.2C:43-3, a fine of up to $150,000 may also be imposed upon any conviction
for a violation of this section.

���� b.��� (1) Notwithstanding the
provisions of N.J.S.2C:35-12 or subsection a. of this section, the court may
waive or reduce the minimum term of parole ineligibility required under
subsection a. of this section or place the defendant on probation pursuant to
paragraph (2) of subsection b. of N.J.S.2C:43-2.� In making this determination,
the court shall consider:

���� (a)�� the extent of the
defendant's prior criminal record and the seriousness of the offenses for which
the defendant has been convicted;

���� (b)�� the specific location of
the present offense in relation to the school property
, or licensed child
care center property
, including distance from the school
, or the
licensed child care center,
and the reasonable likelihood of exposing
children to drug-related activities at that location;

���� (c)�� whether school
, or
the licensed child care center,
was in session at the time of the offense;
and

���� (d)�� whether children were
present at or in the immediate vicinity of the location when the offense took
place.

���� (2)�� The court shall not
waive or reduce the minimum term of parole ineligibility or sentence the
defendant to probation if it finds that:

���� (a)�� the offense took place
while on any school property used for school purposes which is owned by or
leased to any elementary or secondary school or school board, or while on any
school bus
, or if the offense took place while on any property owned or
leased to any licensed child care center
; or

���� (b)�� the defendant in the
course of committing the offense used or threatened violence or was in
possession of a firearm.

���� If the court at sentencing
elects not to impose a minimum term of imprisonment and parole ineligibility
pursuant to this subsection, imposes a term of parole ineligibility less than
the minimum term prescribed in subsection a. of this section, or places the
defendant on probation for a violation of subsection a. of this section, the
sentence shall not become final for 10 days in order to permit the prosecution
to appeal the court's finding and the sentence imposed. The Attorney General
shall develop guidelines to ensure the uniform exercise of discretion in making
determinations regarding whether to appeal a decision to waive or reduce the
minimum term of parole ineligibility or place the defendant on probation.

���� Nothing in this subsection
shall be construed to establish a basis for overcoming a presumption of
imprisonment authorized or required by subsection d. of N.J.S.2C:44-1, or a
basis for not imposing a term of imprisonment or term of parole ineligibility authorized
or required to be imposed pursuant to subsection f. of N.J.S.2C:43-6 or upon
conviction for a crime other than the offense set forth in this subsection.

���� c.���� Notwithstanding the
provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising
under this section shall not merge with a conviction for a violation of
subsection a. of N.J.S.2C:35-5 (manufacturing, distributing or dispensing) or
N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme).

���� d.��� It shall be no defense
to a prosecution for a violation of this section that the actor was unaware
that the prohibited conduct took place while on or within 1,000 feet of any
school property
, or on or within 500 feet of a licensed child care center
property
.� Nor shall it be a defense to a prosecution under this section,
or under any other provision of this title, that no juveniles were present on
the school property
, or licensed child care center property
at the time
of the offense or that the school property
, or licensed child care center,

was not in session.

���� e.���� It is an affirmative
defense to prosecution for a violation of this section that the prohibited
conduct took place entirely within a private residence, that no person 17 years
of age or younger was present in such private residence at any time during the
commission of the offense, and that the prohibited conduct did not involve
distributing, dispensing or possessing with the intent to distribute or
dispense any controlled dangerous substance or controlled substance analog for
profit.� The affirmative defense established in this section shall be proved by
the defendant by a preponderance of the evidence.� Nothing herein shall be
construed to establish an affirmative defense with respect to a prosecution for
an offense defined in any other section of this chapter.

���� f.���� In a prosecution under
this section, a map produced or reproduced by any municipal or county engineer
for the purpose of depicting the location and boundaries of the area on or
within 1,000 feet of any property used for school purposes which is owned by or
leased to any elementary or secondary school or school board,
or on or
within 500 feet of any property owned or leased to any licensed child care
center,
or a true copy of such a map, shall, upon proper authentication, be
admissible and shall constitute prima facie evidence of the location and
boundaries of those areas, provided that the governing body of the municipality
or county has adopted a resolution or ordinance approving the map as official
finding and record of the location and boundaries of the area or areas on or
within 1,000 feet of the school property
, or 500 feet of the licensed child
care center property
.� Any map approved pursuant to this section may be
changed from time to time by the governing body of the municipality or county.�
The original of every map approved or revised pursuant to this section, or a
true copy thereof, shall be filed with the clerk of the municipality or county,
and shall be maintained as an official record of the municipality or county.
Nothing in this section shall be construed to preclude the prosecution from
introducing or relying upon any other evidence or testimony to establish any
element of this offense; nor shall this section be construed to preclude the
use or admissibility of any map or diagram other than one which has been
approved by the governing body of a municipality or county, provided that the
map or diagram is otherwise admissible pursuant to the Rules of Evidence.

(cf: P.L.2009, c.192, s.1)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� Under current law, it is a
crime of the third degree for any person to distribute, dispense, or possess
with the intent to distribute a controlled dangerous substance while on, or
within 1,000 feet of, an elementary or secondary school, school board, or school
bus.� In a recent case,
State
v.
Shelle
the New Jersey Supreme
Court decided that child care centers, even those that operate small
kindergarten classes, are not considered schools for the purposes of the
existing drug free school zone law.�

���� This bill would expand drug
free school zones to include property owned or leased by licensed child care
centers and the 500 feet surrounding such a child care center.� Child care
centers include day care centers, drop-in centers, nighttime centers,
recreation centers, day nurseries, nursery and play schools, cooperative child
centers, centers for children with special needs, centers serving sick
children, infant-toddler programs, school age child care programs, employer
supported centers, and kindergartens that are not an integral part of a private
educational institution.