Upgrades assault on victims who are disabled.

A1926

ASSEMBLY, No. 1926

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

Assemblyman WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblyman AL BARLAS

District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:

Assemblywomen Dunn, Haider, Assemblyman Webber and
Assemblywoman Park

SYNOPSIS

���� Upgrades assault on victims who are disabled.

CURRENT VERSION OF TEXT

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

��

An Act
concerning assault and amending N.J.S.2C:12-1.

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

���� 1.��� N.J.S.2C:12-1 is amended
to read as follows:

���� 2C:12-1.� Assault.� a.� Simple
assault.� A person is guilty of assault if he:

���� (1)� Attempts to cause or
purposely, knowingly or recklessly causes bodily injury to another; or

���� (2)� Negligently causes bodily
injury to another with a deadly weapon; or

���� (3)� Attempts by physical
menace to put another in fear of imminent serious bodily injury.

���� Simple assault is a disorderly
persons offense unless committed in a fight or scuffle entered into by mutual
consent, in which case it is a petty disorderly persons offense.

���� b.��� Aggravated assault.� A
person is guilty of aggravated assault if he:

���� (1)� Attempts to cause serious
bodily injury to another, or causes such injury purposely or knowingly or under
circumstances manifesting extreme indifference to the value of human life
recklessly causes such injury; or

���� (2)� Attempts to cause or
purposely or knowingly causes bodily injury to another with a deadly weapon; or

���� (3)� Recklessly causes bodily
injury to another with a deadly weapon; or

���� (4)� Knowingly under
circumstances manifesting extreme indifference to the value of human life
points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the
direction of another, whether or not the actor believes it to be loaded; or

���� (5)� Commits a simple assault
as defined in paragraph (1), (2) or (3) of subsection a. of this section upon:

���� (a)�� Any law enforcement
officer acting in the performance of his duties while in uniform or exhibiting
evidence of his authority or because of his status as a law enforcement
officer; or

���� (b)� Any paid or volunteer
fireman acting in the performance of his duties while in uniform or otherwise
clearly identifiable as being engaged in the performance of the duties of a
fireman; or

���� (c)�� Any person engaged in
emergency first-aid or medical services acting in the performance of his duties
while in uniform or otherwise clearly identifiable as being engaged in the
performance of emergency first-aid or medical services; or

���� (d)� Any school board member,
school administrator, teacher, school bus driver or other employee of a public
or nonpublic school or school board while clearly identifiable as being engaged
in the performance of his duties or because of his status as a member or
employee of a public or nonpublic school or school board or any school bus
driver employed by an operator under contract to a public or nonpublic school
or school board while clearly identifiable as being engaged in the performance
of his duties or because of his status as a school bus driver; or

���� (e)�� Any employee of the
Division of Child Protection and Permanency while clearly identifiable as being
engaged in the performance of his duties or because of his status as an
employee of the division; or

���� (f)�� Any justice of the
Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal
judge while clearly identifiable as being engaged in the performance of
judicial duties or because of his status as a member of the judiciary; or

���� (g)� Any operator of a
motorbus or the operator's supervisor or any employee of a rail passenger
service while clearly identifiable as being engaged in the performance of his
duties or because of his status as an operator of a motorbus or as the
operator's supervisor or as an employee of a rail passenger service; or

���� (h)� Any Department of
Corrections employee, county corrections officer, juvenile corrections officer,
State juvenile facility employee, juvenile detention staff member, juvenile
detention officer, probation officer or any sheriff, undersheriff, or sheriff's
officer acting in the performance of his duties while in uniform or exhibiting
evidence of his authority or because of his status as a Department of
Corrections employee, county corrections officer, juvenile corrections officer,
State juvenile facility employee, juvenile detention staff member, juvenile
detention officer, probation officer, sheriff, undersheriff, or sheriff's
officer; or

���� (i)�� Any employee, including
any person employed under contract, of a utility company as defined in section
2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the
provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1
et seq.) while clearly identifiable as being engaged in the performance of his
duties in regard to connecting, disconnecting or repairing or attempting to
connect, disconnect or repair any gas, electric or water utility, or cable
television or telecommunication service; or

���� (j)�� Any health care worker
employed by a licensed health care facility to provide direct patient care, any
health care professional licensed or otherwise authorized pursuant to Title 26
or Title 45 of the Revised Statutes to practice a health care profession,
except a direct care worker at a State or county psychiatric hospital or State
developmental center or veterans' memorial home, while clearly identifiable as
being engaged in the duties of providing direct patient care or practicing the
health care profession; or

���� (k)� Any direct care worker at
a State or county psychiatric hospital or State developmental center or
veterans' memorial home, while clearly identifiable as being engaged in the
duties of providing direct patient care or practicing the health care
profession, provided that the actor is not a patient or resident at the
facility who is classified by the facility as having a mental illness or
developmental disability; or

���� (6)� Causes bodily injury to
another person while fleeing or attempting to elude a law enforcement officer
in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor
vehicle in violation of subsection c. of N.J.S.2C:20-10.� Notwithstanding any other
provision of law to the contrary, a person shall be strictly liable for a
violation of this paragraph upon proof of a violation of subsection b. of
N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c.
of N.J.S.2C:20-10 which resulted in bodily injury to another person; or

���� (7)� Attempts to cause
significant bodily injury to another or causes significant bodily injury
purposely or knowingly or, under circumstances manifesting extreme indifference
to the value of human life recklessly causes such significant bodily injury; or

���� (8)� Causes bodily injury by
knowingly or purposely starting a fire or causing an explosion in violation of
N.J.S.2C:17-1 which results in bodily injury to any emergency services
personnel involved in fire suppression activities, rendering emergency medical
services resulting from the fire or explosion or rescue operations, or
rendering any necessary assistance at the scene of the fire or explosion,
including any bodily injury sustained while responding to the scene of a
reported fire or explosion.� For purposes of this paragraph, "emergency
services personnel" shall include, but not be limited to, any paid or
volunteer fireman, any person engaged in emergency first-aid or medical
services and any law enforcement officer.� Notwithstanding any other provision
of law to the contrary, a person shall be strictly liable for a violation of
this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in
bodily injury to any emergency services personnel; or

���� (9)� Knowingly, under
circumstances manifesting extreme indifference to the value of human life,
points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at
or in the direction of a law enforcement officer; or

���� (10)� Knowingly points,
displays or uses an imitation firearm, as defined in subsection v. of
N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the
purpose to intimidate, threaten or attempt to put the officer in fear of bodily
injury or for any unlawful purpose; or

���� (11)� Uses or activates a
laser sighting system or device, or a system or device which, in the manner
used, would cause a reasonable person to believe that it is a laser sighting
system or device, against a law enforcement officer acting in the performance
of his duties while in uniform or exhibiting evidence of his authority.� As
used in this paragraph, "laser sighting system or device" means any
system or device that is integrated with or affixed to a firearm and emits a
laser light beam that is used to assist in the sight alignment or aiming of the
firearm; or

���� (12) Attempts to cause
significant bodily injury or causes significant bodily injury purposely or
knowingly or, under circumstances manifesting extreme indifference to the value
of human life, recklessly causes significant bodily injury to a person who, with
respect to the actor, meets the definition of a victim of domestic violence, as
defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19)
; or

����
(13) �Causes bodily injury
to a person with a disability. As used in this paragraph, "person with a
disability" means a person who by reason of a pre-existing medically
determinable physical or mental impairment is substantially incapable of
exercising normal physical or mental power of resistance, and includes, but is
not limited to, a person determined disabled pursuant to the federal Social
Security Act or any other governmental retirement or benefits program that uses
substantially the same criteria for determining eligibility.

���� Aggravated assault under
paragraphs (1) and (6) of subsection b. of this section is a crime of the
second degree; under paragraphs (2), (7), (9) and (10) of subsection b. of this
section is a crime of the third degree; under paragraphs (3) and (4) of subsection
b. of this section is a crime of the fourth degree; and under paragraph (5) of
subsection b. of this section is a crime of the third degree if the victim
suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated
assault under paragraph (8) of subsection b. of this section is a crime of the
third degree if the victim suffers bodily injury; if the victim suffers
significant bodily injury or serious bodily injury it is a crime of the second
degree.�� Aggravated assault under paragraph (11) of subsection b. of this
section is a crime of the third degree. Aggravated assault under paragraph (12)
of subsection b. of this section is a crime of the third degree but the
presumption of non-imprisonment set forth in subsection e. of N.J.S.2C:44-1 for
a first offense of a crime of the third degree shall not apply. �
Aggravated
assault under paragraph (13) of subsection b. of this section is a crime of the
third degree and a person convicted of a violation under paragraph (13) of
subsection b. of this section shall be sentenced to a term of imprisonment.�
The term of imprisonment shall include the imposition of a minimum term of three
years during which the defendant shall be ineligible for parole.

���� c.��� (1) A person is guilty
of assault by auto or vessel when the person drives a vehicle or vessel
recklessly and causes either serious bodily injury or bodily injury to
another.� Assault by auto or vessel is a crime of the fourth degree if serious
bodily injury results and is a disorderly persons offense if bodily injury
results. Proof that the defendant was operating a hand-held wireless telephone
while driving a motor vehicle in violation of section 1 of P.L.2003, c.310
(C.39:4-97.3) may give rise to an inference that the defendant was driving
recklessly.

���� (2)� Assault by auto or vessel
is a crime of the third degree if the person drives the vehicle while in
violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and
serious bodily injury results and is a crime of the fourth degree if the person
drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981,
c.512 (C.39:4-50.4a) and bodily injury results.

���� (3)� Assault by auto or vessel
is a crime of the second degree if serious bodily injury results from the
defendant operating the auto or vessel while in violation of R.S.39:4-50 or
section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

���� (a)�� 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;

���� (b)� driving through a school
crossing as defined in R.S.39:1-1 if the municipality, by ordinance or
resolution, has designated the school crossing as such; or

���� (c)�� driving through a school
crossing as defined in R.S.39:1-1 knowing that juveniles are present if the
municipality has not designated the school crossing as such by ordinance or
resolution.

���� Assault by auto or vessel is a
crime of the third degree if bodily injury results from the defendant operating
the auto or vessel in violation of this paragraph.

���� A map or true copy of a map
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 produced pursuant to section 1
of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph
(a) of paragraph (3) of this subsection.

���� It shall be no defense to a
prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this
subsection that the defendant was unaware that the prohibited conduct took
place while on or within 1,000 feet of any school property or while driving
through a school crossing.� Nor shall it be a defense to a prosecution under
subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles
were present on the school property or crossing zone at the time of the offense
or that the school was not in session.

���� (4)� Assault by auto or vessel
is a crime of the third degree if the person purposely drives a vehicle in an
aggressive manner directed at another vehicle and serious bodily injury results
and is a crime of the fourth degree if the person purposely drives a vehicle in
an aggressive manner directed at another vehicle and bodily injury results.�
For purposes of this paragraph, "driving a vehicle in an aggressive
manner" shall include, but is not limited to, unexpectedly altering the
speed of the vehicle, making improper or erratic traffic lane changes,
disregarding traffic control devices, failing to yield the right of way, or
following another vehicle too closely.

���� As used in this subsection,
"vessel" means a means of conveyance for travel on water and
propelled otherwise than by muscular power.

���� d.��� A person who is employed
by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who
commits a simple assault as defined in paragraph (1) or (2) of subsection a. of
this section upon an institutionalized elderly person as defined in section 2
of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

���� e.��� (Deleted by amendment,
P.L.2001, c.443).

���� f.���� A person who commits a
simple assault as defined in paragraph (1), (2) or (3) of subsection a. of this
section in the presence of a child under 16 years of age at a school or
community sponsored youth sports event is guilty of a crime of the fourth degree.�
The defendant shall be strictly liable upon proof that the offense occurred, in
fact, in the presence of a child under 16 years of age.� It shall not be a
defense that the defendant did not know that the child was present or
reasonably believed that the child was 16 years of age or older.� The
provisions of this subsection shall not be construed to create any liability on
the part of a participant in a youth sports event or to abrogate any immunity
or defense available to a participant in a youth sports event.� As used in this
act, "school or community sponsored youth sports event" means a
competition, practice or instructional event involving one or more
interscholastic sports teams or youth sports teams organized pursuant to a
nonprofit or similar charter or which are member teams in a youth league
organized by or affiliated with a county or municipal recreation department and
shall not include collegiate, semi-professional or professional sporting
events.

(cf:� P.L.2015, c.100, s.1)

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

STATEMENT

���� This bill would upgrade the
offense of assault in situations where the victim is disabled. Under the bill,
a person who causes bodily injury to a person with a disability would be guilty
of a crime of the third degree and would be sentenced to a mandatory term of
imprisonment of three years.

���� Under the bill, a "person
with a disability" means a person who by reason of a pre-existing
medically determinable physical or mental impairment is substantially incapable
of exercising normal physical or mental power of resistance, and includes, but
is not limited to, a person determined disabled pursuant to the federal Social
Security Act or any other governmental retirement or benefits program that uses
substantially the same criteria for determining eligibility.

���� This bill was prompted by the
brutal assault and mugging of Joey Damiano, a Trenton man with an intellectual
disability, in May 2006. According to Trenton police, Joey was beaten and
blinded in one eye by an unknown assailant, or group of assailants, as he was
taking his daily walk on Washington Street and Roebling Avenue in the
Chambersburg section of Trenton.