Creates separate crime for items depicting sexual exploitation or abuse of children; concerns computer generated or manipulated sexually explicit images.

A2312 TR

ASSEMBLY, No. 2312

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LUANNE M. PETERPAUL

District 11 (Monmouth)

Assemblyman CHRIS TULLY

District 38 (Bergen)

Assemblywoman ANDREA KATZ

District 8 (Atlantic and Burlington)

Co-Sponsored by:

Assemblyman Stanley, Assemblywomen McCoy, Speight, Donlon,
Swain, Park, Morales, Assemblyman Barlas, Assemblywomen Drulis, Brennan,
Assemblyman Freiman, Assemblywoman Fantasia, Assemblymen Scharfenberger,
Miller, Sampson and Moen

SYNOPSIS

���� Creates separate crime for items depicting sexual
exploitation or abuse of children; concerns computer generated or manipulated
sexually explicit images.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Science, Innovation and
Technology Committee with technical review.

��

An Act

concerning items depicting sexual exploitation
or abuse of children, supplementing Title 2C of the New Jersey Statutes, and
amending various parts of statutory law.

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

���� 1. (New section) a. As used in
this section:

���� �Child� means any person under
18 years of age, or an identifiable child.

���� �Distribute� means to sell, or
to manufacture, give, provide, lend, trade, mail, deliver, publish, circulate,
disseminate, present, exhibit, display, share, advertise, offer, or make
available via the Internet or by any other means, whether for pecuniary gain or
not.� The term also includes an agreement or attempt to distribute.

���� �File-sharing program� means a
computer program, application, software or operating system that allows the
user of a computer on which such program, application, software or operating
system is installed to designate files as available for searching by and
copying to one or more other computers, to transmit such designated files
directly to one or more other computers, and to request the transmission of
such designated files directly from one or more other computers.� The term
�file-sharing program� includes but is not limited to a computer program,
application or software that enables a computer user to participate in a
peer-to-peer network.

���� �Identifiable child� means a
person:

���� (1) who was a child at the
time an item depicting the sexual exploitation or abuse of a child was created,
adapted, or modified; or whose image as a child was used in creating, adapting,
or modifying an item depicting the sexual exploitation or abuse of a child; and

���� (2) who is recognizable as an
actual person by the person�s face, likeness, or other distinguishing
characteristic, including but not limited to a unique birthmark or other
recognizable feature; and

���� (3) who may be identified in a
prosecution under this subsection by such face, likeness, or distinguishing
characteristic, whether or not the person�s actual identity is ascertained or
ascertainable.

���� �Internet� means the
international computer network of both federal and non-federal interoperable
packet switched data networks.

���� �Item depicting the sexual
exploitation or abuse of a child� means a photograph, film, video, an
electronic, electromagnetic or digital recording, an image stored or maintained
in a computer program or file or in a portion of a file, or any other reproduction
or reconstruction which:

���� (1)�� depicts a child engaging
in a prohibited sexual act or in the simulation of such an act; or

���� (2)�� portrays a child in a
sexually exploitative manner; or

���� (3) consists in whole or part
of a manipulated depiction of an identifiable child or purported child engaging
in a prohibited sexual act or in the simulation of such an act.

���� �Manipulated depiction� means
the depiction of a part of an identifiable child or purported child who, by
manipulation, creation, or modification, appears to be engaging in a prohibited
sexual act or in the simulation of such an act.

���� �Peer-to-peer network� means a
connection of computer systems through which files are shared directly between
the systems on a network without the need of a central server.

���� �Otherwise portrays a child in
a sexually exploitative manner� means to depict a child, regardless of whether
the child is aware that the depiction has been created, in a manner such that an
average person applying contemporary community standards would find the
depiction, by means of the posing, composition, format, or animated sensual
details, or through a manipulated depiction, emits sensuality with sufficient
impact to concentrate prurient interest on the child and to be for the purpose
of facilitating the sexual stimulation or gratification of any person, by any
of the following:

���� (1) depicting a child�s less
than completely and opaquely covered intimate parts, as defined in
N.J.S.2C:14-1, or a computer-generated simulation of the child�s less than
completely and opaquely covered intimate parts; or

���� (2) depicting any form of actual
or simulated contact with a child�s intimate parts, as defined in N.J.S.2C:14-1;
or

���� (3) depicting a child in a
state of substantial or complete undress in a setting that would to a
reasonable person appear to be a private area, such as a bedroom, bathroom, or
locker room, or any similar invasion of the child�s privacy; or

���� (4) depicting a child in
proximity to the less than completely and opaquely covered intimate parts, as
defined in N.JS.2C:14-1, of any other person; or

���� (5) depicting a child in
proximity to the opaquely covered but aroused sexual organs of any other
person, or any device objectively intended to mimic a sexual organ.

���� �Possess� means receiving,
viewing, or having under one�s control, through any means, including the
Internet.

���� �Prohibited sexual act� means:

���� (1)�� Sexual intercourse; or

���� (2)�� Anal intercourse; or

���� (3)�� Masturbation; or

���� (4)�� Bestiality; or

���� (5)�� Sadism; or

���� (6)�� Masochism; or

���� (7)�� Fellatio; or

���� (8)�� Cunnilingus; or

���� (9)�� Nudity, if depicted in a
manner such that an average person applying contemporary community standards
would find the depiction to be for the purpose of sexual stimulation or
gratification of any person who may view such depiction; or

���� (10)� Any act of sexual
penetration or sexual contact as defined in N.J.S.2C:14-1.

���� �Purported child� means a
person who, by means of image or audiovisual manipulation, creation, or
modification, or by means of posing, composition, format, or animated sensual
details, appears to a reasonable person to be a child under 18 years of age, whether
or not the person depicted is an identifiable child.� A purported child who is
depicted as or presents the appearance of being under the age of 18 in any
photograph, film, videotape, computer program or file, video game, or any other
reproduction or reconstruction shall be rebuttably presumed to be under the age
of 18.

���� �Reproduction� means, but is
not limited to, computer generated images.

���� b. Engaging in Prohibited
Conduct. A person commits a crime of the first degree if he causes or permits a
child or identifiable child to engage in a prohibited sexual act or in the
simulation of such an act or to be otherwise portrayed in a sexually exploitative
manner if the person knows, has reason to know or intends that the prohibited
act or portrayal may be photographed, filmed, reproduced, or reconstructed in
any manner, including on the Internet, or may be part of an exhibition or
performance.

���� c. Photographing or Recording
Prohibited Conduct. A person commits a crime of the second degree if the person
photographs or films a child or identifiable child in a prohibited sexual act
or in the simulation of such an act or for that otherwise portrays a child or
identifiable child in a sexually exploitative manner or who uses any device,
including a computer, to reproduce or reconstruct the image of a child or
identifiable child in a prohibited sexual act or in the simulation of such an
act or for that otherwise portrays a child or identifiable child in a sexually exploitative
manner.

���� d. �Possession with Intent to
Distribute. (1) A person commits a crime if, by use of any means, including but
not limited to the Internet, the person:

���� (a)�� knowingly distributes an
item depicting the sexual exploitation or abuse of a child, identifiable child,
or purported child;

���� (b)�� knowingly possesses an
item depicting the sexual exploitation or abuse of a child, identifiable child,
or purported child with the intent to distribute that item; or

���� (c)�� knowingly stores or
maintains an item depicting the sexual exploitation or abuse of a child,
identifiable child, or purported child using a file-sharing program that is
designated as available for searching by or copying to one or more other
computers.

���� In a prosecution under
subparagraph (c) of paragraph (1) of this subsection, the State shall not be
required to offer proof that an item depicting the sexual exploitation or abuse
of a child, identifiable child, or purported child had actually been searched,
copied, transmitted or viewed by another user of the file-sharing program, or
by any other person, and it shall be no defense that the defendant did not
intend to distribute the item to another user of the file-sharing program or to
any other person.� Nor shall the State be required to prove that the defendant
was aware that the item depicting the sexual exploitation or abuse of a child,
identifiable child, or purported child was available for searching or copying
to one or more other computers, and the defendant shall be strictly liable for
failing to designate the item as not available for searching or copying by one
or more other computers.

���� (2) A violation of this
subsection that involves 1,000 or more items depicting the sexual exploitation
or abuse of a child, identifiable child, or purported child is a crime of the
first degree; otherwise it is a crime of the second degree.

���� Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-6:

���� (a)� A person whose offense
under this paragraph involved at least 25 but less than 1,000 items depicting
the sexual exploitation or abuse of a child, identifiable child, or purported
child shall be sentenced to a mandatory minimum term of imprisonment, which
shall be fixed at, or between, one-third and one-half of the sentence imposed
by the court or five years, whichever is greater, during which the defendant
shall be ineligible for parole.

���� (b)� A person whose offense
under this paragraph involved 1,000 or more items depicting the sexual
exploitation or abuse of a child, identifiable child, or purported child shall
be sentenced to a mandatory minimum term of imprisonment, which shall be fixed
at, or between, one-third and one-half of the sentence imposed by the court or
10 years, whichever is greater, during which the defendant shall be ineligible
for parole.

���� (c)� A person convicted of a
second or subsequent offense under this paragraph shall be sentenced to an
extended term of imprisonment as set forth in N.J.S.2C:43-7.� For the purposes
of this paragraph, an offense is considered a second or subsequent offense if
the actor has at any time been convicted pursuant to subsections b., c., d., or
e. of this section, or under any similar statute of the United States, this
State, or any other state for an offense that is substantially equivalent to
subsections b., c., d., or e. of this section.

���� e. �Possession. (1) (a) A
person commits a crime of the first degree if the person knowingly possesses,
knowingly views, or knowingly has under the person�s control, through any
means, including the Internet, 100,000 or more items depicting the sexual
exploitation or abuse of a child or identifiable child.

���� (b)�� A person commits a crime
of the second degree if he knowingly possesses, knowingly views, or knowingly
has under his control, through any means, including the Internet, at least
1,000 but less than 100,000 items depicting the sexual exploitation or abuse of
a child or identifiable child.

���� (c)�� A person commits a crime
of the third degree if he knowingly possesses, knowingly views, or knowingly
has under his control, through any means, including the Internet, less than
1,000 items depicting the sexual exploitation or abuse of a child or identifiable
child.

���� (2) Notwithstanding the
provisions of subsection e. of N.J.S.2C:44-1, in any instance where a person
was convicted of an offense under this subsection that involved 100 or more
items depicting the sexual exploitation or abuse of a child or identifiable child,
the court shall impose a sentence of imprisonment unless, having regard to the
character and condition of the defendant, it is of the opinion that
imprisonment would be a serious injustice which overrides the need to deter
such conduct by others.

���� (3) Notwithstanding the
provisions of subsection a. of N.J.S.2C:43-6, a person convicted of a second or
subsequent offense under this subsection shall be sentenced to an extended term
of imprisonment as set forth in N.J.S.2C:43-7.� For the purposes of this
paragraph, an offense is considered a second or subsequent offense if the actor
has at any time been convicted pursuant to subsections b., c., or d. of this
section, or under any similar statute of the United States, this State, or any
other state for an offense that is substantially equivalent to subsections b.,
c., or d. of this section.

���� f. Nothing in subsections b.,
c., d., or e. of this section shall be construed to preclude or limit any
prosecution or conviction for an offense set forth in any other subsection of
this section.

���� g.��� (1) For purposes of this
subsection, a person who is depicted as or presents the appearance of being
under the age of 18 in any photograph, film, videotape, computer program or
file, video game, or any other reproduction or reconstruction shall be rebuttably
presumed to be under the age of 18.

���� (2) If the purported child who
is depicted as engaging in, or who is caused to engage in, a prohibited sexual
act or simulation of a prohibited sexual act or portrayed in a sexually exploitative
manner is under the age of 18, the actor shall be strictly liable and it shall
not be a defense that the actor did not know that the child was under the age
of 18, nor shall it be a defense that the actor believed that the child was 18
years of age or older, even if such a mistaken belief was reasonable, unless
the actor is able to demonstrate that at no time did the actor ever directly
interact with the child and that the actor had no reasonable opportunity to
inquire as to the child�s age.

���� h. (1) For aggregation
purposes, each depiction of the sexual exploitation or abuse of a child,
identifiable child, or purported child shall be considered a separate item,
provided that each depiction that is in the form of a photograph, picture,
image, or visual depiction of a similar nature shall be considered to be one
item and each depiction that is in the form of a film, video, video-clip,
movie, or visual depiction of a similar nature shall be considered to be 10
separate items, and each individual act of distribution of an item depicting
the sexual exploitation or abuse of a child, identifiable child, or purported
child shall be considered a separate item.�

���� (2) For purposes of
determining the number of items depicting the sexual exploitation or abuse of a
child, identifiable child, or purported child for purposes of sentencing
pursuant to subsection d. of this section, the court shall aggregate all items
involved, whether the act or acts constituting the violation occurred at the
same time or at different times and, with respect to distribution, whether the
act or acts of distribution were to the same person or several persons or
occurred at different times, provided that each individual act was committed
within the applicable statute of limitations.

���� (3) For purposes of
determining the number of items depicting the sexual exploitation or abuse of a
child, identifiable child, or purported child for purposes of sentencing
pursuant to subsection e. of this section, the court shall aggregate all items
involved, whether the possession of such items occurred at the same time or at
different times, provided that each individual act was committed within the
applicable statute of limitations.

���� i. It shall not be a violation
of this section if:

���� (1) a person distributes or
possesses an item depicting the sexual exploitation or abuse of a child solely
for the purposes of reporting the matter to a law enforcement agency related to
the investigation, prosecution, defense, or adjudication of a criminal charge;

���� (2) a person possesses an item
depicting the sexual exploitation or abuse of a child that solely depicts
themselves; or

���� (3) a child commits an act
that would otherwise violate this section if the item depicting the sexual
exploitation or abuse of a child involved in the violation solely depicts
themselves.

���� j. The following shall be
affirmative defenses to prosecution under subsection e. of this section:

���� (1) the defendant:

����
(a) possessed less than
three items depicting the sexual exploitation or abuse of a child; and

���� (b) without retaining or
allowing any person, other than a law enforcement agency as provided in this
subsection, to access any image or copy thereof, promptly and in good faith
took reasonable steps to destroy each such image or reported the matter to a
law enforcement agency and afforded that agency access to each such image;

���� (2) the defendant demonstrates
each of the following:

���� (a) the defendant is under the
age of 21 and is not more than two years older than any child depicted in the
item depicting the sexual exploitation or abuse of a child;

���� (b) the defendant created the
item depicting the sexual exploitation or abuse of a child with, or received it
from, a romantic partner or friend with whom the defendant had a bona fide,
in-person relationship;

���� (c) no child less than 13
years of age is depicted in the item depicting the sexual exploitation or abuse
of a child; and

���� (d) the item depicting the
sexual exploitation or abuse of a child reflects a non-exploitative purpose as
determined by a reasonable person applying contemporary community standards; or

���� (3) the sole basis for
defendant�s actions was for a bona fide purpose unrelated to a prurient
interest or the exploitation of any child, as determined by an average person
applying contemporary community standards.

���� 2. �Section 2 of P.L.2011,
c.128 (C.2A:4A-71.1) is amended to read as follows:

���� 2. �a. �Where a complaint
against a juvenile pursuant to section 11 of P.L.1982, c.77 (C.2A:4A-30)
alleges that the juvenile has committed an eligible offense as defined in
subsection c. of this section and the court has approved diversion of the
complaint pursuant to section 4 of P.L.1982, c.81 (C.2A:4A-73), the resolution
of the complaint shall include the juvenile�s participation in a remedial
education or counseling program.� The court shall take into consideration the
availability of such a program in the area in which the juvenile resides and,
where appropriate, may permit the juvenile to participate in a self-guided
awareness program in lieu of a remedial education or counseling program
provided that it satisfies the requirements of subsection b. of this section.

���� b.��� A remedial education or
counseling program satisfies the requirements of P.L.2011, c.128 if the program
is designed to increase the juvenile�s awareness of:

���� (1)�� the legal consequences
and penalties for sharing sexually suggestive or explicit materials, including
applicable federal and State statutes;

���� (2)�� the non-legal
consequences of sharing sexually suggestive or explicit materials including,
but not limited to, the effect on relationships, loss of educational and
employment opportunities, and being barred or removed from school programs and
extracurricular activities;

���� (3)�� the potential, based
upon the unique characteristics of cyberspace and the Internet, of long-term
and unforeseen consequences for sharing sexually suggestive or explicit
materials; and

���� (4)�� the possible connection
between bullying and cyber-bullying and juveniles sharing sexually suggestive
or explicit materials.

���� c.���� As used in P.L.2011,
c.128, �eligible offense� means an offense in which:

���� (1)�� the facts of the case
involve the creation, exhibition, or distribution of a photograph depicting
nudity or portraying a child in a sexually suggestive manner, as defined in
[
N.J.S.2C:24-4
]

section 1
of P.L.���� , c.����� (C.���� ) (pending before the Legislature as this bill)
,
through the use of an electronic communication device, an interactive wireless
communications device, or a computer; and

���� (2)�� the creator and subject
of the photograph are juveniles or were juveniles at the time of its making.

(cf: P.L.2021, c.342, s.3)

���� 3. �Section 1 of P.L.2005,
c.264 (C.2A:53A-7.4) is amended to read as follows:

���� 1.��� The immunity from civil
liability granted to a nonprofit corporation, society or association organized
exclusively for religious, charitable, educational or hospital purposes
pursuant to the provisions of P.L.1959, c.90 (C.2A:53A-7 to 2A:53A-11) shall not
apply to a claim in any civil action that the negligent hiring, supervision or
retention of any employee, agent or servant resulted in a sexual offense being
committed against a person under the age of 18 who was a beneficiary of the
nonprofit organization.� As used in this supplementary act, P.L.2005, c.264
(C.2A:53A-7.4 et seq.), �sexual offense� means any actions that would
constitute any crime set forth in chapter 14 of Title 2C of the New Jersey
Statutes or set forth in
[
paragraph
(3) or (4) of subsection b. of N.J.S.2C:24-4
]

subsections b. or c. of section 1 of P.L.���� , c.����� (C.���� ) (pending
before the Legislature as this bill)
.

(cf: P.L.2005, c.264, s.1)

���� 4. �Section 1 of P.L.1989,
c.336 (C.2A:82-46) is amended to read as follows:

���� 1.��� Disclosure of identity
of victims of certain crimes under age 18 prohibited.�

���� a.���� In prosecutions for
aggravated sexual assault, sexual assault, aggravated criminal sexual contact,
criminal sexual contact, human trafficking involving sexual activity, a crime
involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19)
which involves sexual activity, endangering the welfare of children under
N.J.S.2C:24-4,
child sexual abuse or exploitation material under section 1
of P.L. , c.
(C. ) (pending before the
Legislature as this bill),
abuse or neglect of a child pursuant to
R.S.9:6-3, or in any action alleging an abused or neglected child under
P.L.1974, c.119 (C.9:6-8.21 et seq.), the name, address, and identity of a
victim who was under the age of 18 at the time of the alleged commission of an
offense shall not appear on the indictment, complaint, or any other public
record as defined in P.L.1963, c.73 (C.47:1A-1 et seq.).� In its place initials
or a fictitious name shall appear.�

���� b.��� Any report, statement,
photograph, court document, indictment, complaint or any other public record
which states the name, address and identity of a victim shall be confidential
and unavailable to the public.� Unless authorized pursuant to subsection c. of
this section, any person who purposefully discloses, releases or otherwise
makes available to the public any of the above-listed documents which contain
the name, address and identity of a victim who was under the age of 18 at the
time of the alleged commission of an offense enumerated in subsection a. of
this section shall be guilty of a disorderly persons offense.�

���� c.���� The information
described in this section shall remain confidential and unavailable to the
public unless the court, after a hearing, determines that good cause exists for
disclosure.� The hearing shall be held after notice has been made to the
victim, parents of victim, spouse, partner in a civil union or other person
legally responsible for the maintenance and care of the victim, and to the
person charged with the commission of the offense, counsel or guardian of that
person.�

���� d.��� Nothing contained herein
shall prohibit the court from imposing further restrictions with regard to the
disclosure of the name, address, and identity of the victim when it deems it
necessary to prevent trauma or stigma to the victim.�

(cf: P.L.2017, c.205, s.2)

���� 5. �Section 1 of P.L.1985,
c.205 (C.2A:84A-16.1) is amended to read as follows:

���� In prosecutions for those
crimes described in
[
sections
]

N.J.S.
2C:14-2,

N.J.S.
2C:14-3
,

[
and
]

N.J.S.
2C:24-4
,
section 8 of P.L.2017, c.141 (C.2C:24-4.1), and section 1 of P.L. ,
c. (C. )
(pending before the Legislature as this bill)

[
of the New Jersey Statutes
]
, where the
complaining witness is a child under the age of 16, the court shall permit the
use of anatomically correct dolls, models or similar items of either or both
sexes to assist the child�s testimony.

(cf: P.L.1985, c.205, s.1)

���� 6. �Section 1 of P.L.1985,
c.126 (C.2A:84A-32.4) is amended to read as follows:

���� 1. a. (1) In prosecutions for
aggravated sexual assault, sexual assault, aggravated criminal sexual contact,
criminal sexual contact, human trafficking involving sexual activity, a crime
involving domestic violence as defined in section 3 of P.L.1991, c.261
(C.2C:25-19), endangering the welfare of a child pursuant to N.J.S.2C:24-4,
child
sexual abuse or exploitation material under section 1 of P.L. ,
c. (C. )
(pending before the Legislature as this bill),
abuse or neglect of a child
pursuant to R.S.9:6-3, or in any action alleging an abused or neglected child
under P.L.1974, c.119 (C.9:6-8.21 et seq.), the court may, on motion and after
conducting a hearing in camera, order the taking of the testimony of a victim
or witness on closed circuit television at the trial, out of the view of the
jury, defendant, or spectators upon making findings as provided in subsection
b. of this section.

���� (2)�� In granting such an
order, the court shall assure that:

���� (a)�� the victim or witness
will testify under oath;

���� (b)�� the victim or witness
will submit to cross-examination by the defendant's attorney; and

���� (c)�� the defendant, jury, and
judge will be permitted to observe the demeanor of the victim or witness when
making testimonial statements using closed circuit television.

���� b.��� An order under this
section may be made only if the court determines by clear and convincing
evidence that there is a substantial likelihood that the victim or witness
would suffer severe emotional or mental distress if required to testify in the
presence of spectators, the defendant, the jury, or all of them.� The order
shall be specific as to whether the victim or witness will testify outside the
presence of spectators, the defendant, the jury, or all of them and shall be
based on specific findings relating to the impact of the presence of each.

���� c.���� A motion seeking closed
circuit testimony under subsection a. of this section may be filed by:

���� (1)�� The victim or witness
or, in the case of a victim or witness who is under the age of 18, the victim�s
or witness�s attorney, parent or legal guardian;

���� (2)�� The prosecutor; or

���� (3)�� The defendant or the
defendant�s counsel.

���� d.��� The defendant�s counsel
shall be present in the same room as the victim or witness at the taking of
testimony on closed circuit television.� The defendant and the defendant�s
attorney shall be able to confer privately with each other during the testimony
by a separate audio system.

���� e.���� If testimony is taken
on closed circuit television pursuant to the provisions of this section, the
video portion of the testimony shall not be recorded and shall not constitute
part of the record on appeal. All audio transmissions, except private conversations
between the defendant and the defendant�s attorney, shall be recorded and
thereafter shall be subject to the following provisions:

���� (1)�� If the victim or witness
is 18 years of age or older at the time of the court proceedings, any recording
of the audio portion of the closed circuit testimony shall constitute part of
the record on appeal, unless the court orders otherwise for good cause shown
upon motion of the parties.

���� (2)�� If the victim or witness
is under the age of 18 at the time of the court proceedings, any recording of
the audio portion of the closed circuit testimony shall not constitute part of
the record on appeal and shall be deemed confidential and not available to the
public, unless the court orders otherwise for good cause shown upon motion of
the parties.� In making the determination regarding the availability of the
audio portion of the testimony, the court shall consider potential trauma or
stigma to the victim or witness.� A transcript of the audio portion of the
closed circuit testimony shall constitute part of the record on appeal, subject
to any personal identification safeguards contained in section 1 of P.L.1989,
c.336 (C.2A:82-46).

���� f.���� For purposes of this
section, �closed circuit television� means any closed-circuit,
videoconferencing or other audio-visual electronic technology capable of
producing a simultaneous, one-way broadcast from a victim or witness to a
defendant in a separate physical location.� The technology shall allow for the
live observation of the victim or witness by the defendant, jury, and judge
during the course of testimony or cross-examination, while excluding a victim
or witness from directly hearing or viewing the defendant during the
proceedings.

(cf: P.L.2017, c.205, s.1)

���� 7. �Section 8 of P.L.1968,
c.409 (C.2A:156A-8) is amended to read as follows:

���� 8.��� The Attorney General,
county prosecutor or a person designated to act for such an official and to
perform his duties in and during his actual absence or disability, may
authorize, in writing, an ex parte application to a judge designated to receive
the same for an order authorizing the interception of a wire, or electronic or
oral communication by the investigative or law enforcement officers or agency
having responsibility for an investigation when such interception may provide
evidence of the commission of the offense of murder, kidnapping, gambling,
robbery, bribery, a violation of paragraph (1) or (2) of subsection b. of
N.J.S.2C:12-1, a violation of section 3 of P.L.1997, c.353 (C.2C:21-4.3), a
violation of N.J.S.2C:21-19 punishable by imprisonment for more than one year,
a violation of P.L.1994, c.121 (C.2C:21-23 et seq.), a violation of sections 1
through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5), a violation of
N.J.S.2C:33-3, a violation of N.J.S.2C:17-2, a violation of sections 1 through
3 of P.L.1983, c.480 (C.2C:17-7 through 2C:17-9), a violation of N.J.S.2C:12-3
(terroristic threats), violations of N.J.S.2C:35-3, N.J.S.2C:35-4 and
N.J.S.2C:35-5, violations of sections 112 through 116, inclusive, of the
�Casino Control Act,� P.L.1977, c.110 (C.5:12-112 through 5:12-116), a
violation of section 1 of P.L.2005, c.77 (C.2C:13-8), a violation of
N.J.S.2C:34-1 punishable by imprisonment for more than one year, arson,
burglary, theft and related offenses punishable by imprisonment for more than
one year, endangering the welfare of a child pursuant to N.J.S.2C:24-4,
child
sexual abuse or exploitation material under section 1 of P.L. ,
c. (C. )
(pending before the Legislature as this bill),
escape, forgery and
fraudulent practices punishable by imprisonment for more than one year,
alteration of motor vehicle identification numbers, unlawful manufacture,
purchase, use, or transfer of firearms, unlawful possession or use of
destructive devices or explosives, weapons training for illegal activities
pursuant to section 1 of P.L.1983, c.229 (C.2C:39-14), racketeering or a
violation of subsection g. of N.J.S.2C:5-2, leader of organized crime,
organized criminal activity directed toward the unlawful transportation,
storage, disposal, discharge, release, abandonment or disposition of any
harmful, hazardous, toxic, destructive, or polluting substance, or any
conspiracy to commit any of the foregoing offenses or which may provide
evidence aiding in the apprehension of the perpetrator or perpetrators of any
of the foregoing offenses.

(cf: P.L.2013, c.51, s.14)

���� 8. �Section 1 of P.L.1994,
c.144 (C.2A:162-12) is amended to read as follows:

���� 1. �a. As used in this
section:

���� �Crime with bail restrictions�
means a crime of the first or second degree charged under any of the following
sections:

���� (1)�� Murder����������������������������������������������������������� 2C:11-3.

���� (2)�� Manslaughter������������������������������������������������� 2C:11-4.

���� (3)�� Kidnapping���������������������������������������������������� 2C:13-1.

���� (4)�� Sexual Assault����������������������������������������������� 2C:14-2.

���� (5)�� Robbery��������������������������������������������������������� 2C:15-1.

���� (6)�� Carjacking������������������ P.L.1993,
c.221, s.1 (C.2C:15-2).

���� (7)�� Arson and Related
Offenses������������������������� 2C:17-1.

���� (8)�� Causing or Risking
Widespread

����������� Injury or Damage������������������������������������������ 2C:17-2.

���� (9)�� Burglary��������������������������������������������������������� 2C:18-2.

���� (10) �Theft by Extortion��������������������������������������� 2C:20-5.

���� (11) �Endangering the Welfare
of Children�������� 2C:24-4.

���� (12) �Resisting Arrest;
Eluding Officer�������������� 2C:29-2.

���� (13) �Escape���������������������������������������������������������� 2C:29-5.

���� (14) �Corrupting or
Influencing a Jury���������������� 2C:29-8.

���� (15) �Possession of Weapons
for Unlawful Purposes���� 2C:39-4.

���� (16) �Weapons Training for
Illegal Activities

����������������������������������������������� P.L.1983,
c.229, s.1 (C.2C:39-14).

���� (17) �Soliciting or Recruiting
Gang Members

����������������������������������������������� P.L.1999,
c.160, s.1 (C.2C:33-28).

���� (18) �Human Trafficking�� P.L.2005,
c.77, s.1 (C.2C:13-8).

����
[
(19) Child Pornography
]

(19) Child
Sexual Abuse or Exploitation Material������ P.L. ,
c. , s.1 (C. )
(pending before the Legislature as this bill),

���� �Crime with bail restrictions�
also includes any first or second degree drug-related crimes under chapter 35
of Title 2C of the New Jersey Statutes and any first or second degree
racketeering crimes under chapter 41 of Title 2C of the New Jersey Statutes.

���� �Crime with bail restrictions�
also includes any crime or offense involving domestic violence, as defined in
subsection a. of section 3 of P.L.1991, c.261 (C.2C:25-19), where the defendant
was subject to a temporary or permanent restraining order issued pursuant to
the provisions of the �Prevention of Domestic Violence Act of 1991,� P.L.1991,
c.261 (C.2C:25-17 et al.) and is charged with a crime committed against a
person protected under the order or where the defendant is charged with
contempt pursuant to N.J.S.2C:29-9.

���� b.��� Subject to the
provisions of subsection c. of this section, a person charged with a crime with
bail restrictions may post the required amount of bail only in the form of:

���� (1)�� Full cash;

���� (2)�� A surety bond executed
by a corporation authorized under chapter 31 of Title 17 of the Revised
Statutes; or

���� (3)�� A bail bond secured by
real property situated in this State with an unencumbered equity equal to the
amount of bail undertaken plus $20,000.

���� c.���� There shall be a
presumption in favor of the court designating the posting of full United States
currency cash bail to the exclusion of other forms of bail when a defendant is
charged with an offense as set forth in subsection a. of this section and:

���� (1)�� has two other indictable
cases pending at the time of the arrest; or

���� (2)�� has two prior
convictions for a first or second degree crime or for a violation of section 1
of P.L.1987, c.101 (C.2C:35-7) or any combination thereof; or

���� (3)�� has one prior conviction
for murder, aggravated manslaughter, aggravated sexual assault, kidnapping or
bail jumping; or

���� (4)�� was on parole at the
time of the arrest; or

���� (5)�� was subject to a
temporary or permanent restraining order issued pursuant to the provisions of
the �Prevention of Domestic Violence Act of 1991,� P.L.1991, c.261 (C.2C:25-17
et al.), was charged with a crime committed against a person protected under
that order, including a charge of contempt pursuant to N.J.S.2C:29-9, and
either: (a) is charged with commission of a domestic violence crime that
resulted in serious bodily injury to the victim; or (b) has at least one prior
conviction for a crime or offense involving domestic violence against the same
victim or has previously violated a final restraining order protecting the same
victim,

���� unless the court finds on the
record that another form of bail authorized in subsection b. of this section
will ensure the defendant�s presence in court when required.

���� d.��� When bail is posted in
the form of a bail bond secured by real property, the owner of the real
property, whether the person is admitted to bail or a surety, shall also file
an affidavit containing:

���� (1)�� A legal description of
the real property;

���� (2)�� A description of each
encumbrance on the real property;

���� (3)�� The market value of the
unencumbered equity owned by the affiant as determined in a full appraisal
conducted by an appraiser licensed by the State of New Jersey; and

���� (4)�� A statement that the
affiant is the sole owner of the unencumbered equity.

���� e.���� Nothing herein is
intended to preclude a court from releasing a person on the person�s own
recognizance when the court determines that such person is deserving.

(cf: P.L.2013, c.51, s.15)

���� 9. Section 5 of P.L.2014, c.31
(C.2A:162-19) is amended to read as follows:

���� 5. �a. �A prosecutor may file
a motion with the court at any time, including any time before or after an
eligible defendant�s release pursuant to section 3 of P.L.2014, c.31
(C.2A:162-17), seeking the pretrial detention of an eligible defendant for:

���� (1) �any crime of the first or
second degree enumerated under subsection d. of section 2 of P.L.1997, c.117
(C.2C:43-7.2);

���� (2) �any crime for which the
eligible defendant would be subject to an ordinary or extended term of life
imprisonment;

���� (3) �any crime if the eligible
defendant has been convicted of two or more offenses under paragraph (1) or (2)
of this subsection;

���� (4) �any crime enumerated
under paragraph (2) of subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2)
or crime involving human trafficking pursuant to section 1 of P.L.2005, c.77
(C.2C:13-8) or P.L.2013, c.51 (C.52:17B-237 et al.) when the victim is a minor,
or the crime of endangering the welfare of a child under N.J.S.2C:24-4
, or child
sexual abuse or exploitation material under section 1 of P.L. ,
c. (C. )
(pending before the Legislature as this bill)
;

���� (5) �any crime enumerated
under subsection c. of N.J.S.2C:43-6;

���� (6) �any crime or offense
involving domestic violence as defined in subsection a. of section 3 of
P.L.1991, c.261 (C.2C:25-19); or

���� (7) �any other crime for which
the prosecutor believes there is a serious risk that:

���� (a) �the eligible defendant
will not appear in court as required;

���� (b) �the eligible defendant
will pose a danger to any other person or the community; or

���� (c) �the eligible defendant
will obstruct or attempt to obstruct justice, or threaten, injure, or
intimidate, or attempt to threaten, injure or intimidate, a prospective witness
or juror.

���� b.��� When a motion for
pretrial detention is filed pursuant to subsection a. of this section, there
shall be a rebuttable presumption that the eligible defendant shall be detained
pending trial because no amount of monetary bail, non-monetary condition or combination
of monetary bail and conditions would reasonably assure the eligible
defendant�s appearance in court when required, the protection of the safety of
any other person or the community, and that the eligible defendant will not
obstruct or attempt to obstruct the criminal justice process, if the court
finds probable cause that the eligible defendant:

���� (1) �committed murder pursuant
to N.J.S.2C:11-3; or

���� (2) �committed any crime for
which the eligible defendant would be subject to an ordinary or extended term
of life imprisonment.

���� c.���� A court shall hold a
hearing to determine whether any amount of monetary bail or non-monetary
conditions or combination of monetary bail and conditions, including those set
forth under subsection b. of section 3 of P.L.2014, c.31 (C.2A:162-17) will
reasonably assure the eligible defendant�s appearance in court when required,
the protection of the safety of any other person or the community, and that the
eligible defendant will not obstruct or attempt to obstruct the criminal
justice process.

���� d. �(1) �Except as otherwise
provided in this subsection, the pretrial detention hearing shall be held no
later than the eligible defendant�s first appearance unless the eligible
defendant, or the prosecutor, seeks a continuance.� If a prosecutor files a
motion for pretrial detention after the eligible defendant�s first appearance
has taken place or if no first appearance is required, the court shall schedule
the pretrial detention hearing to take place within three working days of the
date on which the prosecutor�s motion was filed, unless the prosecutor or the
eligible defendant seeks a continuance.� Except for good cause, a continuance
on motion of the eligible defendant may not exceed five days, not including any
intermediate Saturday, Sunday, or legal holiday.� Except for good cause, a
continuance on motion of the prosecutor may not exceed three days, not
including any intermediate Saturday, Sunday, or legal holiday.

���� (2) �Upon the filing of a
motion by the prosecutor seeking the pretrial detention of the eligible
defendant and during any continuance that may be granted by the court, the
eligible defendant shall be detained in jail, unless the eligible defendant was
previously released from custody before trial, in which case the court shall
issue a notice to appear to compel the appearance of the eligible defendant at
the detention hearing.� The court, on motion of the prosecutor or sua sponte,
may order that, while in custody, an eligible defendant who appears to be a
drug-dependent person receive an assessment to determine whether that eligible
defendant is drug-dependent.

���� e. �(1) �At the pretrial
detention hearing, the eligible defendant has the right to be represented by
counsel, and, if financially unable to obtain adequate representation, to have
counsel appointed.� The eligible defendant shall be afforded an opportunity to
testify, to present witnesses, to cross-examine witnesses who appear at the
hearing, and to present information by proffer or otherwise.� The rules
concerning admissibility of evidence in criminal trials shall not apply to the
presentation and consideration of information at the hearing.

���� (2) �In pretrial detention
proceedings for which there is no indictment, the prosecutor shall establish
probable cause that the eligible defendant committed the predicate offense.� A
presumption of pretrial detention as provided in subsection b. of this section
may be rebutted by proof provided by the eligible defendant, the prosecutor, or
from other materials submitted to the court.� The standard of proof for a
rebuttal of the presumption of pretrial detention shall be a preponderance of
the evidence.� If proof cannot be established to rebut the presumption, the
court may order the eligible defendant's pretrial detention.� If the
presumption is rebutted by sufficient proof, the prosecutor shall have the
opportunity to establish that the grounds for pretrial detention exist pursuant
to this section.

���� (3) �Except when an eligible
defendant has failed to rebut a presumption of pretrial detention pursuant to
subsection b. of this section, the court�s finding to support an order of
pretrial detention pursuant to section 4 of P.L.2014, c.31 (C.2A:162-18) that no
amount of monetary bail, non-monetary conditions or combination of monetary
bail and conditions will reasonably assure the eligible defendant�s appearance
in court when required, the protection of the safety of any other person or the
community, and that the eligible defendant will not obstruct or attempt to
obstruct the criminal justice process shall be supported by clear and
convincing evidence.

���� f.���� The hearing may be
reopened, before or after a determination by the court, at any time before
trial, if the court finds that information exists that was not known to the
prosecutor or the eligible defendant at the time of the hearing and that has a
material bearing on the issue of whether there are conditions of release that
will reasonably assure the eligible defendant�s appearance in court when
required, the protection of the safety of any other person or the community, or
that the eligible defendant will not obstruct or attempt to obstruct the
criminal justice process.

���� g.��� When a motion for
pretrial detention is filed pursuant to subsection a. of this section, a
pretrial recommendation of no release pursuant to subsection f. of section 6 of
P.L.2014, c.31 (C.2A:162-20) may constitute prima facie evidence to overcome
the presumption of release as set forth in subsection b. of section 4 of
P.L.2014, c.31 (C.2A:162-18), if the court finds probable cause that the
eligible defendant committed any crime for which the eligible defendant would
be subject to a mandatory term of imprisonment pursuant to subsection c. of
N.J.S.2C:43-6 for a crime involving the use or possession of a firearm other
than a violation of:

���� (1) �subsection a. or d. of
N.J.S.2C:39-3;

���� (2) �paragraph (1) or (2) of
subsection a. of N.J.S.2C:39-4;

���� (3) �subsection a. of section
1 of P.L. 1998, c.26 (C.2C:39-4.1); or

���� (4) �paragraph (1) of
subsection b. or paragraph (1) or (2) of subsection c. of N.J.S.2C:39-5.

(cf: P.L.2022, c.43, s.1)

���� 10. �Section 2 of P.L.2007,
c.327 (C.2A:168A-8) is amended to read as follows:

���� 2.��� A certificate may be
issued pursuant to this act as follows:

���� a. (1) A court, in its
discretion, may issue a certificate at the time of sentencing if the applicant:

���� (a)�� is a qualified offender,
who is being sentenced to a non-incarcerative sentence for a second, third, or
fourth degree crime;

���� (b)�� has established that a
specific licensing or employment disqualification, forfeiture, or bar, will
apply to the applicant, and may endanger the applicant�s ability to maintain
existing public employment or employment for which the applicant has made application,
or to engage in a business enterprise for which a license or certification is
required;

���� (c)�� has no pending criminal
charges, and there is no information presented that such a charge is imminent;
and

���� (d)�� has established that the
relief is consistent with the public interest.

���� (2)�� A certificate issued
under this subsection shall apply only to the specific disability, forfeiture
or bar that is affected, which must be specifically described in the
certificate document.

���� b. (1) A supervising authority
may issue a certificate in regard to a qualified offender who is, or had
previously been, under supervision by the supervising authority if the
supervising authority determines that:

���� (a)�� the applicant is
convicted of a second, third, or fourth degree offense and is eligible for
relief under subsection c. of this section;

���� (b)�� the applicant has not
been convicted of a crime since the conviction for which the offender is under
supervision, has no pending criminal charge, and there is no information
presented that such a charge is imminent;

���� (c)�� issuing the certificate
will not pose a substantial risk to public safety; and

���� (d)�� issuing the certificate
will assist in the successful reintegration of the offender and is consistent
with the public interest.

���� (2)�� A certificate issued
pursuant to this subsection may suspend disabilities, forfeitures, and bars
generally within the limits of this act, or only certain disabilities,
forfeitures, and bars, specifically named in the certificate document.

���� c.���� A qualified offender is
eligible for relief under subsection b. of this section if the offender has not
been convicted of:

���� (1)�� a first degree crime;

���� (2)�� an offense to which
section 2 of P.L.1997, c.117 (C.2C:43-7.2) applies;

���� (3)�� a second degree offense
defined in chapters 13, 14, 15, 16, 24, 27, 30, 33, 38 of Title 2C of the New
Jersey Statutes;

���� (4)�� a violation of
[
subsection a.
of
]

N.J.S.2C:24-4 or
[
paragraph
(4) of subsection b. of N.J.S.2C:24-4
]

subsection c. of section 1 of P.L.���� , c.����� (C.���� ) (pending before
the Legislature as this bill)
;

���� (5)�� a crime requiring
registration pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2);

���� (6)�� a crime committed
against a public entity or against a public officer;

���� (7)�� a crime enumerated in
subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1) committed by a public
employee, which involves or touches upon the employee�s office, position, or
employment, such that the crime was related directly to the person�s performance
in, or circumstances flowing from, the specific public office or employment
held by the person;

���� (8)�� any crime committed
against a person 16 years of age or younger, or a person with a disability; or

���� (9)�� a conspiracy or attempt
to commit any of the crimes described in this subsection.

���� d. (1) A supervising authority
may issue a certificate in regard to a qualified offender, when three years
have passed since the applicant has completed the incarcerative or supervisory
portion of the applicant�s sentence, whichever is later, and the supervising
authority finds that:

���� (a)�� the applicant is
eligible for such relief as defined in subsection e. of this section;

���� (b)�� issuing the certificate
does not pose a substantial risk to public safety; and

���� (c)�� issuing the certificate
will assist in the successful reintegration of the offender and is consistent
with the public interest.

���� (2)�� The certificate issued
pursuant to this subsection may suspend disabilities, forfeitures and bars
generally within the limits of this act, or only certain disabilities,
forfeitures, and bars specifically named in the certificate document.

���� e.���� A qualified offender is
eligible for relief under subsection d. of this section if the offender has
remained without criminal involvement since the offender�s conviction,
including that the offender has not subsequently been convicted of a crime, has
no pending charges for any crime, and there is no information presented that
such a charge is imminent; and is applying for relief from a conviction other
than:

���� (1)�� a first degree crime;

���� (2)�� any of the offenses to
which section 2 of P.L.1997, c.117 (C.2C:43-7.2) applies;

���� (3)�� a violation of
[
subsection a.
of
]

N.J.S.2C:24-4 or
[
paragraph
(4) of subsection b. of N.J.S.2C:24-4
]

subsection c. of section 1 of P.L.���� , c.����� (C.���� ) (pending before
the Legislature as this bill)
;

���� (4)�� a crime requiring
registration pursuant to section 2 of P.L.1994, c.133 (C.2C:7-2);

���� (5)�� a crime enumerated in
subsection b. of section 2 of P.L.2007, c.49 (C.43:1-3.1) committed by a public
employee, which involves or touches upon the employee�s office, position, or
employment, such that the crime was related directly to the person's performance
in, or circumstances flowing from, the specific public office or employment
held by the person;

���� (6)�� a crime committed
against a person 16 years of age or younger, or a person with a disability; or

���� (7)�� a conspiracy or attempt
to commit any offense described in this paragraph.

(cf: P.L.2017, c.131, s.2)

���� 11. �N.J.S.2C:1-6 is amended
to read as follows:

���� 2C:1-6. Time Limitations. a.
(1) A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4,
N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through
C.2C:38-5) may be commenced at any time.

���� (2)�� A prosecution for any
offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9),
section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212
(C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977,
c.74 (C.58:10A-10) may be commenced at any time.

���� b.��� Except as otherwise
provided in this section, prosecutions for other offenses are subject to the
following periods of limitations:

���� (1)�� A prosecution for a
crime must be commenced within five years after it is committed;

���� (2)�� A prosecution for a
disorderly persons offense or petty disorderly persons offense must be
commenced within one year after it is committed;

���� (3)�� A prosecution for any
offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6,
N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or
conspiracy to commit such an offense, must be commenced within seven years
after the commission of the offense;

���� (4)�� A prosecution for an
offense set forth in N.J.S.2C:14-3
,

[
or
]

N.J.S.2C:24-4,
or section 1 of P.L.���� , c.����� (C.���� ) (pending before
the Legislature as this bill),
when the victim at the time of the offense
is below the age of 18 years, must be commenced within five years of the
victim�s attaining the age of 18 or within two years of the discovery of the
offense by the victim, whichever is later;

���� (5)�� (Deleted by amendment,
P.L.2007, c.131).

���� c.���� An offense is committed
either when every element occurs or, if a legislative purpose to prohibit a
continuing course of conduct plainly appears, at the time when the course of
conduct or the defendant�s complicity therein is terminated.� Time starts to run
on the day after the offense is committed, except that when the prosecution is
supported by physical evidence that identifies the actor by means of DNA
testing or fingerprint analysis, time does not start to run until the State is
in possession of both the physical evidence and the DNA or fingerprint evidence
necessary to establish the identification of the actor by means of comparison
to the physical evidence.

���� d.��� A prosecution is
commenced for a crime when an indictment is found and for a nonindictable
offense when a warrant or other process is issued, provided that such warrant
or process is executed without unreasonable delay.� Nothing contained in this
section, however, shall be deemed to prohibit the downgrading of an offense at
any time if the prosecution of the greater offense was commenced within the
statute of limitations applicable to the greater offense.

���� e.���� The period of
limitation does not run during any time when a prosecution against the accused
for the same conduct is pending in this State.

���� f.���� The limitations in this
section shall not apply to any person fleeing from justice.

���� g.��� Except as otherwise
provided in this code, no civil action shall be brought pursuant to this code
more than five years after

such action accrues.

(cf: P.L.2007, c.131, s.1)

���� 12.� Section 2 of P.L.1994,
c.133 (C.2C:7-2) is amended to read as follows:�

���� 2.��� a.� (1)� A person who
has been convicted, adjudicated delinquent or found not guilty by reason of
insanity for commission of a sex offense as defined in subsection b. of this
section shall register as provided in subsections c. and d. of this section.

���� (2)�� A person who in another
jurisdiction is required to register as a sex offender and (a) is enrolled on a
full-time or part-time basis in any public or private educational institution
in this State, including any secondary school, trade or professional institution,
institution of higher education or other post-secondary school, or (b) is
employed or carries on a vocation in this State, on either a full-time or a
part-time basis, with or without compensation, for more than 14 consecutive
days or for an aggregate period exceeding 30 days in a calendar year, shall
register in this State as provided in subsections c. and d. of this section.

���� (3)�� A person who fails to
register as required under this act shall be guilty of a crime of the third
degree.

���� b.��� For the purposes of this
act a sex offense shall include the following:

���� (1)�� Aggravated sexual
assault, sexual assault, aggravated criminal sexual contact, kidnapping
pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1 or an attempt to
commit any of these crimes if the court found that the offender's conduct was
characterized by a pattern of repetitive, compulsive behavior, regardless of
the date of the commission of the offense or the date of conviction;

���� (2)�� A conviction,
adjudication of delinquency, or acquittal by reason of insanity for aggravated
sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping
pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the
welfare of a child by engaging in sexual conduct which would impair or debauch
the morals of the child pursuant to
[
subsection
a. of
]

N.J.S.2C:24-4;
[
endangering
the welfare of a child pursuant to paragraph (3) or (4), subparagraph (a), or
sub-subparagraph (i) or (ii) of subparagraph (b) of paragraph (5) of subsection
b. of N.J.S.2C:24-4
]

child sexual abuse or exploitation material under section 1 of
P.L. , c. (C. )
(pending before the Legislature as this bill) where it is a crime of the first
or second degree
; luring or enticing pursuant to section 1 of P.L.1993,
c.291 (C.2C:13-6); criminal sexual contact pursuant to N.J.S.2C:14-3b. if the victim
is a minor; kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant
to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim
is a minor and the offender is not the parent of the victim; knowingly
promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of
subsection b. of N.J.S.2C:34-1; leader of a network to share child sexual abuse
or exploitation material pursuant to section 8 of P.L.2017, c.141
(C.2C:24-4.1); or an attempt to commit any of these enumerated offenses if the
conviction, adjudication of delinquency or acquittal by reason of insanity is
entered on or after the effective date of this act or the offender is serving a
sentence of incarceration, probation, parole or other form of community
supervision as a result of the offense or is confined following acquittal by
reason of insanity or as a result of civil commitment on the effective date of
this act;

���� (3)�� A conviction,
adjudication of delinquency, or acquittal by reason of insanity for an offense
similar to any offense enumerated in paragraph (2) or a sentence on the basis
of criteria similar to the criteria set forth in paragraph (1) of this
subsection entered or imposed under the laws of the United States, this State,
or another state.

���� (4)�� Notwithstanding the
provisions of paragraph (1), (2), or (3) of this subsection, a sex offense
shall not include an adjudication of delinquency for
[
endangering the welfare of a
child pursuant to paragraph (4) or (5) of subsection b. of N.J.S.2C:24-4
]

child
sexual abuse or exploitation material pursuant to subsections c., d., or e. of
section 1 of P.L. , c.
(C. ) (pending before the
Legislature as this bill)
, provided that the actor demonstrates that:

���� (a)�� the facts of the case
are limited to the creation, exhibition or distribution of a photograph
depicting nudity or portraying a child in a sexually suggestive manner, as
defined in
[
N.J.S.2C:24-4
]

section 1
of P.L. , c.
(C. ) (pending before the
Legislature as this bill)
, through the use of an electronic communications
device, an interactive wireless communications device, or a computer;

���� (b)�� the creator and subject
of the photograph are juveniles or were juveniles at the time of its making;
and

���� (c)�� the subject of the
photograph whose nudity is depicted or who is portrayed in a sexually
suggestive manner, as the case may be, knowingly consented to the making of the
photograph.

���� c.���� A person required to
register under the provisions of this act shall do so on forms to be provided
by the designated registering agency as follows:

���� (1)�� A person who is required
to register and who is under supervision in the community on probation, parole,
furlough, work release, or a similar program, shall register at the time the
person is placed under supervision or no later than 120 days after the effective
date of this act, whichever is later, in accordance with procedures established
by the Department of Corrections, the Department of Human Services, the Youth
Justice Commission established pursuant to section 2 of P.L.1995, c.284
(C.52:17B-170) or the Administrative Office of the Courts, whichever is
responsible for supervision;

���� (2)�� A person confined in a
correctional or juvenile facility or involuntarily committed who is required to
register shall register prior to release in accordance with procedures
established by the Department of Corrections, the Department of Human Services
or the Youth Justice Commission and, within 48 hours of release, shall also
register with the chief law enforcement officer of the municipality in which
the person resides or, if the municipality does not have a local police force,
the Superintendent of State Police;

���� (3)�� A person moving to or
returning to this State from another jurisdiction shall register with the chief
law enforcement officer of the municipality in which the person will reside or,
if the municipality does not have a local police force, the Superintendent of
State Police within 120 days of the effective date of this act or 10 days of
first residing in or returning to a municipality in this State, whichever is
later;

���� (4)�� A person required to
register on the basis of a conviction prior to the effective date who is not
confined or under supervision on the effective date of this act shall register
within 120 days of the effective date of this act with the chief law enforcement
officer of the municipality in which the person will reside or, if the
municipality does not have a local police force, the Superintendent of State
Police;

���� (5)�� A person who in another
jurisdiction is required to register as a sex offender and who is enrolled on a
full-time or part-time basis in any public or private educational institution
in this State, including any secondary school, trade or professional institution,
institution of higher education or other post-secondary school shall, within
ten days of commencing attendance at such educational institution, register
with the chief law enforcement officer of the municipality in which the
educational institution is located or, if the municipality does not have a
local police force, the Superintendent of State Police;

���� (6)�� A person who in another
jurisdiction is required to register as a sex offender and who is employed or
carries on a vocation in this State, on either a full-time or a part-time
basis, with or without compensation, for more than 14 consecutive days or for an
aggregate period exceeding 30 days in a calendar year, shall, within ten days
after commencing such employment or vocation, register with the chief law
enforcement officer of the municipality in which the employer is located or
where the vocation is carried on, as the case may be, or, if the municipality
does not have a local police force, the Superintendent of State Police;

���� (7)�� In addition to any other
registration requirements set forth in this section, a person required to
register under this act who is enrolled at, employed by or carries on a
vocation at an institution of higher education or other post-secondary school
in this State shall, within 10 days after commencing such attendance,
employment or vocation, register with the law enforcement unit of the
educational institution, if the institution has such a unit.

���� d.��� (1)� Upon a change of
address, a person shall notify the law enforcement agency with which the person
is registered and shall re-register with the appropriate law enforcement agency
no less than 10 days before the person intends to first reside at the new
address. Upon a change of employment or school enrollment status, a person
shall notify the appropriate law enforcement agency no later than five days
after any such change.� A person who fails to notify the appropriate law
enforcement agency of a change of address or status in accordance with this
subsection is guilty of a crime of the third degree.

���� (2)�� A person required to
register under this act shall provide the appropriate law enforcement agency
with information as to whether the person has routine access to or use of a
computer or any other device with Internet capability. A person who fails to
notify the appropriate law enforcement agency of such information or of a
change in the person's access to or use of a computer or other device with
Internet capability or who provides false information concerning the person's
access to or use of a computer or any other device with Internet capability is
guilty of a crime of the third degree.

���� e.���� A person required to
register under paragraph (1) of subsection b. of this section or under
paragraph (3) of subsection b. due to a sentence imposed on the basis of
criteria similar to the criteria set forth in paragraph (1) of subsection b.
shall verify the person's address with the appropriate law enforcement agency
every 90 days in a manner prescribed by the Attorney General.� A person
required to register under paragraph (2) of subsection b. of this section or
under paragraph (3) of subsection b. on the basis of a conviction for an
offense similar to an offense enumerated in paragraph (2) of subsection b.
shall verify the person's address annually in a manner prescribed by the
Attorney General.� In addition to address information, the person shall provide
as part of the verification process any additional information the Attorney
General may require. One year after the effective date of this act, the
Attorney General shall review, evaluate and, if warranted, modify pursuant to
the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.) the verification requirement.� Any person who knowingly provides false
information concerning the person's place of residence or who fails to verify
the person's address with the appropriate law enforcement agency or other
entity, as prescribed by the Attorney General in accordance with this
subsection, is guilty of a crime of the third degree.

���� f.���� Except as provided in
subsection g. of this section, a person required to register under this act may
make application to the Superior Court of this State to terminate the
obligation upon proof that the person has not committed an offense within 15
years following conviction or release from a correctional facility for any term
of imprisonment imposed, whichever is later, and is not likely to pose a threat
to the safety of others.

���� g.��� A person required to
register under this section who has been convicted of, adjudicated delinquent,
or acquitted by reason of insanity for more than one sex offense as defined in
subsection b. of this section or who has been convicted of, adjudicated delinquent,
or acquitted by reason of insanity for aggravated sexual assault pursuant to
subsection a. of N.J.S.2C:14-2 or sexual assault pursuant to paragraph (1) of
subsection c. of N.J.S.2C:14-2 is not eligible under subsection f. of this
section to make application to the Superior Court of this State to terminate
the registration obligation.

(cf: P.L.2025, c.35, s.15)

���� 13. �N.J.S.2C:13-1 is amended
to read as follows:

���� 2C:13-1. Kidnapping. a.
Holding for ransom, reward, or as a hostage.� A person is guilty of kidnapping
if he unlawfully removes another from the place where he is found or if he
unlawfully confines another with the purpose of holding that person for ransom
or reward or as a shield or hostage.

���� b.��� Holding for other
purposes. A person is guilty of kidnapping if he unlawfully removes another
from his place of residence or business, or a substantial distance from the
vicinity where he is found, or if he unlawfully confines another for a
substantial period, with any of the following purposes:

���� (1)�� To facilitate commission
of any crime or flight thereafter;

���� (2)�� To inflict bodily injury
on or to terrorize the victim or another;

���� (3)�� To interfere with the
performance of any governmental or political function; or

���� (4)�� To permanently deprive a
parent, guardian, or other lawful custodian of custody of the victim.

���� c.���� Grading of kidnapping.
(1) Except as provided in paragraph (2) of this subsection, kidnapping is a
crime of the first degree and upon conviction thereof, a person 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 and
30 years.� If the actor releases the victim unharmed and in a safe place prior
to apprehension, it is a crime of the second degree.

���� (2)�� Kidnapping is a crime of
the first degree and upon conviction thereof, an actor shall be sentenced to a
term of imprisonment by the court, if the victim of the kidnapping is less than
16 years of age and if during the kidnapping:

���� (a)�� A crime under
N.J.S.2C:14-2 or subsection a. of N.J.S.2C:14-3 is committed against the
victim;

���� (b)�� A crime under
[
subsection b.
of N.J.S.2C:24-4
]

section 1 of P.L.���� , c.����� (C.���� ) (pending before the Legislature as
this bill)
is committed against the victim; or

���� (c)�� The actor sells or
delivers the victim to another person for pecuniary gain other than in
circumstances which lead to the return of the victim to a parent, guardian or
other person responsible for the general supervision of the victim.

���� Notwithstanding the provisions
of paragraph (1) of subsection a. of N.J.S.2C:43-6, the term of imprisonment
imposed under this paragraph shall be either a term of 25 years during which
the actor shall not be eligible for parole, or a specific term between 25 years
and life imprisonment, of which the actor shall serve 25 years before being
eligible for parole; provided, however, that the crime of kidnapping under this
paragraph and underlying aggravating crimes listed in subparagraph (a), (b), or
(c) of this paragraph shall merge for purposes of sentencing.� If the actor is
convicted of the criminal homicide of a victim of a kidnapping under the
provisions of chapter 11, any sentence imposed under provisions of this
paragraph shall be served consecutively to any sentence imposed pursuant to the
provisions of chapter 11.

���� d.��� �Unlawful� removal or
confinement. A removal or confinement is unlawful within the meaning of this
section and of sections 2C:13-2 and 2C:13-3, if it is accomplished by force,
threat, or deception, or, in the case of a person who is under the age of 14 or
is incompetent, if it is accomplished without the consent of a parent,
guardian, or other person responsible for general supervision of his welfare.

���� e.���� It is an affirmative
defense to a prosecution under paragraph (4) of subsection b. of this section,
which must be proved by clear and convincing evidence, that:

���� (1)�� The actor reasonably
believed that the action was necessary to preserve the victim from imminent
danger to his welfare.� However, no defense shall be available pursuant to this
subsection if the actor does not, as soon as reasonably practicable but in no
event more than 24 hours after taking a victim under his protection, give
notice of the victim�s location to the police department of the municipality
where the victim resided, the office of the county prosecutor in the county
where the victim resided, or the Division of Child Protection and Permanency in
the Department of Children and Families;

���� (2)�� The actor reasonably
believed that the taking or detaining of the victim was consented to by a
parent, or by an authorized State agency; or

���� (3)�� The victim, being at the
time of the taking or concealment not less than 14 years old, was taken away at
his own volition by his parent and without purpose to commit a criminal offense
with or against the victim.

���� f.���� It is an affirmative
defense to a prosecution under paragraph (4) of subsection b. of this section
that a parent having the right of custody reasonably believed he was fleeing
from imminent physical danger from the other parent, provided that the parent having
custody, as soon as reasonably practicable:

���� (1)�� Gives notice of the
victim�s location to the police department of the municipality where the victim
resided, the office of the county prosecutor in the county where the victim
resided, or the Division of Child Protection and Permanency in the Department of
Children and Families; or

���� (2)�� Commences an action
affecting custody in an appropriate court.

���� g.��� As used in subsections
e. and f. of this section, �parent� means a parent, guardian or other lawful
custodian of a victim.

(cf: P.L.2012, c.16, s.7)

���� 14. Section 1 of P.L.1993,
c.291 (C.2C:13-6) is amended to read as follows:

���� 1.��� Luring, enticing child
by various means, attempts; crime of second degree; subsequent offense,
mandatory imprisonment; definitions.

���� a.���� A person commits a
crime of the second degree if he attempts, via electronic or any other means,
to lure or entice a child or one who he reasonably believes to be a child into
a motor vehicle, structure or isolated area, or to meet or appear at any other
place, with a purpose to commit a criminal offense with or against the child.

���� b.��� As used in this section:

���� �Child� means a person less
than 18 years old.

���� �Electronic means� includes,
but is not limited to, the Internet, which shall have the meaning set forth in
[
N.J.S.2C:24-4
]

section 1
of P.L.���� , c.����� (C.���� ) (pending before the Legislature as this bill)
.

���� �Structure� means any
building, room, ship, vessel or airplane and also means any place adapted for
overnight accommodation of persons, or for carrying on business therein,
whether or not a person is actually present.

���� c.���� Nothing herein shall be
deemed to preclude, if the evidence so warrants, an indictment and conviction
for attempted kidnapping under the provisions of N.J.S.2C:13-1.

���� d.��� A person convicted of a
second or subsequent offense under this section shall be sentenced to a term of
imprisonment.� Notwithstanding the provisions of subsection a. of
N.J.S.2C:43-6, the term of imprisonment shall include, unless the person is
sentenced pursuant to the provisions of N.J.S.2C:43-7, a mandatory minimum term
of one-third to one-half of the sentence imposed, or three years, whichever is
greater, during which time the defendant shall not be eligible for parole.� If
the person is sentenced pursuant to N.J.S.2C:43-7, the court shall impose a
minimum term of one-third to one-half of the sentence imposed, or five years,
whichever is greater.� The court may not suspend or make any other
non-custodial disposition of any person sentenced as a second or subsequent
offender pursuant to this section.

���� For the purposes of this
section, an offense is considered a second or subsequent offense if the actor
has at any time been convicted pursuant to this section, or under any similar
statute of the United States, this State or any other state for an offense that
is substantially equivalent to this section.

���� e.���� A person convicted of
an offense under this section who has previously been convicted of a violation
of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3
, section 1 of P.L.���� ,
c.����� (C.���� ) (pending before the Legislature as this bill),
or
N.J.S.2C:24-4 shall be sentenced to a term of imprisonment.� Notwithstanding
the provisions of subsection a. of N.J.S.2C:43-6, the term of imprisonment
shall include, unless the person is sentenced pursuant to the provisions of
N.J.S.2C:43-7, a mandatory minimum term of five years, during which time the
defendant shall not be eligible for parole.� The court may not suspend or make
any other non-custodial disposition of any person sentenced pursuant to this
section.

���� For the purposes of this
subsection, an offense is considered a previous conviction of N.J.S.2C:14-2,
subsection a. of N.J.S.2C:14-3
, section 1 of P.L.���� , c.����� (C.���� )
(pending before the Legislature as this bill),
or N.J.S.2C:24-4 if the
actor has at any time been convicted under any of these sections or under any
similar statute of the United States, this State or any other state for an
offense that is substantially equivalent to any of these sections.

���� f.���� Notwithstanding the
provisions of N.J.S.2C:1-8 or any other law, a conviction under this section
shall not merge with a conviction of any other criminal offense, nor shall such
other conviction merge with a conviction under this section, and the court shall
impose separate sentences upon each violation of this section and any other
criminal offense.� The court may not suspend or make any ��other� �non-custodial
��disposition ��of ��any� �person �sentenced

�pursuant to this section.

(cf: P.L.2007, c.273, s.1)

���� 15. �Section 1 of P.L.2005,
c.1 (C.2C:13-7) is amended to read as follows:

���� 1. �a. A person commits a
crime of the third degree if he attempts, via electronic or any other means, to
lure or entice a person into a motor vehicle, structure or isolated area, or to
meet or appear at any place, with a purpose to commit a criminal offense with
or against the person lured or enticed or against any other person.

���� b.��� As used in this section:

���� �Electronic means� includes,
but is not limited to, the Internet, which shall have the meaning set forth in
[
N.J.S.2C:24-4
]

section 1
of P.L.���� , c.����� (C.���� ) (pending before the Legislature as this bill)
.

���� �Structure� shall have the
meaning set forth in P.L.1993, c.291 (C.2C:13-6).

���� c.���� Nothing herein shall be
deemed to preclude, if the evidence so warrants, an indictment and conviction
for attempted kidnapping under the provisions of N.J.S.2C:13-1 or for any other
crime or offense.

���� d.��� A person convicted of a
second or subsequent offense under this section shall be sentenced to a term of
imprisonment.� Notwithstanding the provisions of subsection a. of
N.J.S.2C:43-6, the term of imprisonment shall include, unless the person is
sentenced pursuant to the provisions of N.J.S.2C:43-7, a mandatory minimum term
of one-third to one-half of the sentence imposed, or one year, whichever is
greater, during which time the defendant shall not be eligible for parole.� If
the person is sentenced pursuant to N.J.S.2C:43-7, the court shall impose a
minimum term of one-third to one-half of the sentence imposed, or five years,
whichever is greater.� The court may not suspend or make any other
non-custodial disposition of any person sentenced as a second or subsequent
offender pursuant to this section.

���� For the purposes of this
section, an offense is considered a second or subsequent offense if the actor
has at any time been convicted pursuant to this section, or under any similar
statute of the United States, this State or any other state for an offense that
is substantially equivalent to this section.

���� e.���� A person convicted of
an offense under this section who has previously been convicted of a violation
of N.J.S.2C:14-2, subsection a. of N.J.S.2C:14-3
, section 1 of P.L.���� ,
c.����� (C.���� ) (pending before the Legislature as this bill),
or
N.J.S.2C:24-4 shall be sentenced to a term of imprisonment.� Notwithstanding
the provisions of subsection a. of N.J.S.2C:43-6, the term of imprisonment
shall include, unless the person is sentenced pursuant to the provisions of
N.J.S.2C:43-7, a mandatory minimum term of three years, during which time the
defendant shall not be eligible for parole.� The court may not suspend or make
any other non-custodial disposition of any person sentenced pursuant to this
section.

���� For the purposes of this
subsection, an offense is considered a previous conviction of N.J.S.2C:14-2,
subsection a. of N.J.S.2C:14-3
, section 1 of P.L.���� , c.����� (C.���� )
(pending before the Legislature as this bill),
or N.J.S.2C:24-4 if the
actor has at any time been convicted under any of these sections or under any
similar statute of the United States, this State or any other state for an
offense that is substantially equivalent to any of these sections.

���� f.���� Notwithstanding the
provisions of N.J.S.2C:1-8 or any other law, a conviction under this section
shall not merge with a conviction of any other criminal offense, nor shall such
other conviction merge with a conviction under this section, and the court shall
impose separate sentences upon each violation of this section and any other
criminal offense.� The court may not suspend or make any other non-custodial
disposition of any person sentenced pursuant to this section.

(cf: P.L.2007, c.273, s.2)

���� 16. �Section 12 of P.L.2013,
c.51 (C.2C:13-10) is amended to read as follows:

���� 12. �a. �The Legislature finds
and declares that:

���� (1)�� There reportedly are
more than 12 million victims of human trafficking and it is estimated that this
figure could actually be as high as 27 million;

���� (2)�� According to the
National Center for Missing and Exploited Children, at least 100,000 human
trafficking victims are American children who are an average age of 13 years
old;

���� (3)�� Advertisements for
selling the services of girls as escorts on Internet websites falsely claim
that these girls are 18 years of age or older, when the girls actually are
minors;

���� (4)�� The advertising of these
escort services includes minors who are being sold for sex, which constitutes
sex trafficking and commercial sexual abuse of minors;

���� (5)�� Responding to political
and public outcry, the Internet website craigslist.com removed its escort
section, but another website with an escort section, backpage.com, has to date
refused to do so;

���� (6)�� The states of Washington
and Connecticut recently enacted laws to require Internet websites, such as
backpage.com, and the patrons who advertise on websites, to maintain
documentation that they have proved the age of the escorts presented in the
advertisements;

���� (7)�� The State of New Jersey
criminalized human trafficking in 2005; and

���� (8)�� Sex trafficking of
minors should be eliminated in conformity with federal laws prohibiting the
sexual exploitation of children.

���� b.��� A person commits the
offense of advertising commercial sexual abuse of a minor if:

���� (1)�� the person knowingly
publishes, disseminates, or displays, or causes directly or indirectly, to be
published, disseminated, or displayed, any advertisement for a commercial sex
act, which is to take place in this State and which includes the depiction of a
minor; or

���� (2)�� the person knowingly
purchases advertising in this State for a commercial sex act which includes the
depiction of a minor.

���� c.���� A person who commits
the offense of advertising commercial sexual abuse of a minor as established in
subsection b. of this section is guilty of a crime of the first degree.�
Notwithstanding the provisions of N.J.S.2C:43-3, the fine imposed for an
offense under this section shall be a fine of at least $25,000, which shall be
collected as provided for the collection of fines and restitutions in section 3
of P.L.1979, c.396 (C.2C:46-4) and forwarded to the Department of the Treasury
to be deposited in the �Human Trafficking Survivor�s Assistance Fund�
established by section 2 of P.L.2013, c.51 (C.52:17B-238).

���� d.��� Nothing in this section
shall preclude an indictment and conviction for any other offense defined by
the laws of this State.

���� e.���� For the purposes of
this section:

���� �Advertisement for a
commercial sex act� means any advertisement or offer in electronic or print
media, including the Internet, which includes either an explicit or implicit
offer for a commercial sex act to occur in this State.

���� �Commercial sex act� means any
act of sexual contact or sexual penetration, as defined in N.J.S.2C:14-1, or
any prohibited sexual act, as defined in
[
N.J.S.2C:24-4
]

section 1
of P.L.���� , c.����� (C.�� �) (pending before the Legislature as this bill)
,
for which something of value is given or received by any person.

���� �Depiction� means any
photograph or material containing a photograph or reproduction of a photograph.

���� �Minor� means a person who is
under 18 years of age.

���� �Photograph� means a print,
negative, slide, digital image, motion picture, or videotape, and includes
anything tangible or intangible produced by photographing.

���� f.���� It shall not be a
defense to a violation of this section that the defendant:

���� (1)�� did not know the age of
the minor depicted in the advertisement; or

���� (2)�� claims to know the age
of the person depicted, unless there is appropriate proof of age obtained and
produced in accordance with subsections g. and h. of this section.

���� g.��� It shall be a defense to
a violation of this section that the defendant made a reasonable, bona fide
attempt to ascertain the true age of the minor depicted in the advertisement by
requiring, prior to publication, dissemination, or display of the advertisement,
production of a driver�s license, marriage license, birth certificate, or other
governmental or educational identification card or paper of the minor depicted
in the advertisement and did not rely solely on oral or written representations
of the minor�s age, or the apparent age of the minor as depicted.� The
defendant shall prove the defense established in this subsection by a
preponderance of the evidence.

���� h.��� The defendant shall
maintain and, upon request, produce a record of the identification used to
verify the age of the person depicted in the advertisement.

(cf: P.L.2013, c.51, s.12)

���� 17. N.J.S.2C:14-7 is amended
to read as follows:

���� 2C:14-7. a. In prosecutions
for aggravated sexual assault, sexual assault, aggravated criminal sexual
contact, criminal sexual contact, human trafficking involving sexual activity,
endangering the welfare of a child in violation of N.J.S.2C:24-4,
child
sexual abuse or exploitation material in violation of section 1 of P.L. ,
c. (C. )
(pending before the Legislature as this bill),
or the fourth degree crime
of lewdness in violation of subsection b. of N.J.S.2C:14-4, evidence of the
victim�s previous sexual conduct shall not be admitted nor reference made to it
in the presence of the jury except as provided in this section.� When the
defendant seeks to admit such evidence for any purpose, the defendant must
apply for an order of the court before the trial or preliminary hearing, except
that the court may allow the motion to be made during trial if the court
determines that the evidence is newly discovered and could not have been
obtained earlier through the exercise of due diligence.� After the application
is made, the court shall conduct a hearing in camera to determine the
admissibility of the evidence.� If the court finds that evidence offered by the
defendant regarding the sexual conduct of the victim is relevant and highly
material and meets the requirements of subsections c. and d. of this section
and that the probative value of the evidence offered substantially outweighs
its collateral nature or the probability that its admission will create undue
prejudice, confusion of the issues, or unwarranted invasion of the privacy of
the victim, the court shall enter an order setting forth with specificity what
evidence may be introduced and the nature of the questions which shall be
permitted, and the reasons why the court finds that such evidence satisfies the
standards contained in this section.� The defendant may then offer evidence
under the order of the court.

���� b.��� In the absence of clear
and convincing proof to the contrary, evidence of the victim�s sexual conduct
occurring more than one year before the date of the offense charged is presumed
to be inadmissible under this section.

���� c.���� Evidence of previous
sexual conduct with persons other than the defendant which is offered by any
lay or expert witness shall not be considered relevant unless it is material to
proving the source of semen, pregnancy or disease.

���� d.��� Evidence of the victim�s
previous sexual conduct with the defendant shall be considered relevant if it
is probative of whether a reasonable person, knowing what the defendant knew at
the time of the alleged offense, would have believed that the alleged victim
freely and affirmatively permitted the sexual behavior complained of.

���� e.���� Evidence of the manner
in which the victim was dressed at the time an offense was committed shall not
be admitted unless such evidence is determined by the court to be relevant and
admissible in the interest of justice, after an offer of proof by the proponent
of such evidence outside the hearing of the jury or at such hearing as the
court may require, and a statement by the court of its findings of fact
essential to its determination.� A statement by the court of its findings shall
also be included in the record.

���� f.���� For the purposes of
this section, �sexual conduct� shall mean any conduct or behavior relating to
sexual activities of the victim, including but not limited to previous or
subsequent experience of sexual penetration or sexual contact, use of
contraceptives, sexual activities reflected in gynecological records, living
arrangement and life style.

(cf: P.L.2013, c.51, s.17)

���� 18. Section 1 of P.L.2003,
c.206 (C.2C:14-9) is amended to read as follows:

���� 1. a. An actor commits a crime
of the fourth degree if, knowing that he is not licensed or privileged to do
so, and under circumstances in which a reasonable person would know that
another may expose intimate parts or may engage in sexual penetration or sexual
contact, he observes another person without that person�s consent and under
circumstances in which a reasonable person would not expect to be observed.

���� b. �(1) �An actor commits a
crime of the third degree if, knowing that he is not licensed or privileged to
do so, he photographs, films, videotapes, records, or otherwise reproduces in
any manner, the image of another person whose intimate parts are exposed or who
is engaged in an act of sexual penetration or sexual contact, without that
person�s consent and under circumstances in which a reasonable person would not
expect to be observed.

���� (2)�� An actor commits a crime
of the fourth degree if, knowing that he is not licensed or privileged to do
so, he photographs, films, videotapes, records, or otherwise reproduces in any
manner, the image of the undergarment-clad intimate parts of another person,
without that person�s consent and under circumstances in which a reasonable
person would not expect to have his undergarment-clad intimate parts observed.

���� c.���� An actor commits a
crime of the third degree if, knowing that he is not licensed or privileged to
do so, he discloses any photograph, film, videotape, recording or any other
reproduction of the image,
or any manipulated depiction,
taken
[
in violation
of subsection b. of this section,
]

of: (1) another person who is engaged in an act of sexual penetration or sexual
contact; (2) another person whose intimate parts are exposed; or (3) another
person�s undergarment-clad intimate parts, unless that person has consented to
such disclosure.

����
For purposes of this
subsection, a person�s consent to being photographed, filmed, videotaped,
recorded, observed, or otherwise having their image reproduced shall not be
construed to include or imply the person�s consent to the disclosure or to the
manipulated depiction of such image or recording.� A person�s consent to
disclosure shall be strictly construed to be limited only to the express
purpose for which consent was obtained.

����
[
For purposes of this subsection:

���� (1) �disclose� means sell,
manufacture, give, provide, lend, trade, mail, deliver, transfer, publish,
distribute, circulate, disseminate, present, exhibit, advertise, offer, share,
or make available via the Internet or by any other means, whether for pecuniary
gain or not; and

���� (2) �intimate parts� has the
meaning ascribed to it in N.J.S.2C:14-1.
]

���� Notwithstanding the provisions
of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed
for a violation of this subsection.

���� d.��� It is an affirmative
defense to a crime under this section that:

���� (1)�� the actor posted or
otherwise provided prior notice to the person of the actor�s intent to engage
in the conduct specified in subsection a., b., or c., and

���� (2)�� the actor acted with a
lawful purpose.

���� e. (1) It shall not be a
violation of subsection a. or b. to observe another person in the access way,
foyer or entrance to a fitting room or dressing room operated by a retail
establishment or to photograph, film, videotape, record or otherwise reproduce
the image of such person, if the actor conspicuously posts at the entrance to
the fitting room or dressing room prior notice of his intent to make the
observations, photographs, films, videotapes, recordings or other
reproductions.

���� (2)�� It shall be a violation
of subsection c. to disclose in any manner any such photograph, film, videotape
or recording of another person using a fitting room or dressing room except
under the following circumstances:

���� (a)�� to law enforcement
officers in connection with a criminal prosecution;

���� (b)�� pursuant to subpoena or
court order for use in a legal proceeding; or

���� (c)�� to a co-worker, manager
or supervisor acting within the scope of his employment.

���� f.���� It shall be a violation
of subsection a. or b. to observe another person in a private dressing stall of
a fitting room or dressing room operated by a retail establishment or to
photograph, film, videotape, record or otherwise reproduce the image of another
person in a private dressing stall of a fitting room or dressing room.

���� g.��� For purposes of this
act, a law enforcement officer, or a corrections officer or guard in a
correctional facility or jail, who is engaged in the official performance of
his duties shall be deemed to be licensed or privileged to make and to disclose
observations, photographs, films, videotapes, recordings or any other
reproductions.

���� h.��� Notwithstanding the
provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising
under subsection b. of this section shall not merge with a conviction under
subsection c. of this section, nor shall a conviction under subsection c. merge
with a conviction under subsection b.

����
i. For purposes of this
section:

����
�Disclose� means sell,
manufacture, give, provide, lend, trade, mail, deliver, transfer, publish,
distribute, circulate, disseminate, present, exhibit, advertise, offer, share,
or make available via the Internet or by any other means, whether for pecuniary
gain or not.

����
�Intimate parts� has the
meaning ascribed to it in N.J.S.2C:14-1.

����
�Manipulated depiction�
means the depiction of the voice or image of a person who, by manipulation,
creation, or modification, appears to be engaging in an act of sexual
penetration or sexual contact, or whose intimate parts or undergarment-clad
intimate parts are exposed, when the person did not in fact engage in the
depicted act or exposure.

(cf: P.L.2016, c.2, s.1)

���� 19. N.J.S.2C:24-4 is amended
to read as follows:

���� 2C:24-4.���� Endangering
Welfare of Children.

���� a. (1) Any person having a
legal duty for the care of a child or who has assumed responsibility for the
care of a child who engages in sexual conduct which would impair or debauch the
morals of the child is guilty of a crime of the second degree. Any other person
who engages in conduct or who causes harm as described in this paragraph to a
child is guilty of a crime of the third degree.

���� (2)�� Any person having a
legal duty for the care of a child or who has assumed responsibility for the
care of a child who causes the child harm that would make the child an abused
or neglected child as defined in R.S.9:6-1, R.S.9:6-3, and section 1 of P.L.1974,
c.119 (C.9:6-8.21) is guilty of a crime of the second degree. Any other person
who engages in conduct or who causes harm as described in this paragraph to a
child is guilty of a crime of the third degree.

���� b.
[
(1) As used in this subsection:

���� "Child" means any
person under 18 years of age.

���� "Distribute" means
to sell, or to manufacture, give, provide, lend, trade, mail, deliver, publish,
circulate, disseminate, present, exhibit, display, share, advertise, offer, or
make available via the Internet or by any other means, whether for pecuniary
gain or not. The term also includes an agreement or attempt to distribute.

���� "File-sharing
program" means a computer program, application, software, or operating
system that allows the user of a computer on which such program, application,
software, or operating system is installed to designate files as available for
searching by and copying to one or more other computers, to transmit such
designated files directly to one or more other computers, and to request the
transmission of such designated files directly from one or more other
computers. The term "file-sharing program" includes but is not
limited to a computer program, application, or software that enables a computer
user to participate in a peer-to-peer network.

���� "Internet" means the
international computer network of both federal and non-federal interoperable
packet switched data networks.

���� "Item depicting the
sexual exploitation or abuse of a child" or "child sexual abuse or
exploitation material" or "CSAEM" means a photograph, film,
video, an electronic, electromagnetic, or digital recording, an image stored or
maintained in a computer program or file or in a portion of a file, or any
other reproduction or reconstruction which:

���� (a)�� depicts a child engaging
in a prohibited sexual act or in the simulation of such an act; or

���� (b)�� portrays a child in a
sexually suggestive manner.

���� "Peer-to-peer
network" means a connection of computer systems through which files are
shared directly between the systems on a network without the need of a central
server.

���� "Portray a child in a
sexually suggestive manner" means:

���� (a)�� to depict a child's less
than completely and opaquely covered intimate parts, as defined in
N.J.S.2C:14-1, in a manner that, by means of the posing, composition, format,
or animated sensual details, emits sensuality with sufficient impact to
concentrate prurient interest on the child; or

���� (b)�� to depict any form of
contact with a child's intimate parts, as defined in N.J.S.2C:14-1, in a manner
that, by means of the posing, composition, format, or animated sensual details,
emits sensuality with sufficient impact to concentrate prurient interest on the
child; or

���� (c)�� to otherwise depict a
child for the purpose of sexual stimulation or gratification of any person who
may view the depiction where the depiction does not have serious literary,
artistic, political, or scientific value.

���� "Prohibited sexual
act" means

���� (a)�� Sexual intercourse; or

���� (b)�� Anal intercourse; or

���� (c)�� Masturbation; or

���� (d)�� Bestiality; or

���� (e)�� Sadism; or

���� (f)�� Masochism; or

���� (g)�� Fellatio; or

���� (h)�� Cunnilingus; or

���� (i)��� Nudity, if depicted for
the purpose of sexual stimulation or gratification of any person who may view
such depiction; or

���� (j)��� Any act of sexual
penetration or sexual contact as defined in N.J.S.2C:14-1.

���� "Reproduction"
means, but is not limited to, computer generated images.

���� (2)�� (Deleted by amendment,
P.L.2001, c.291)

���� (3)�� A person commits a crime
of the first degree if the person causes or permits a child to engage in a
prohibited sexual act or in the simulation of such an act or to be portrayed in
a sexually suggestive manner if the person knows, has reason to know, or intends
that the prohibited act or portrayal may be photographed, filmed, reproduced,
or reconstructed in any manner, including on the Internet, or may be part of an
exhibition or performance.

���� (4)�� A person commits a crime
of the second degree if the person photographs or films a child in a prohibited
sexual act or in the simulation of such an act or for portrayal in a sexually
suggestive manner or who uses any device, including a computer, to reproduce or
reconstruct the image of a child in a prohibited sexual act or in the
simulation of such an act or for portrayal in a sexually suggestive manner.

���� (5) (a) A person commits a
crime if, by any means, including, but not limited to, the Internet, the
person:

���� (i)��� knowingly distributes
an item depicting the sexual exploitation or abuse of a child;

���� (ii)�� knowingly possesses an
item depicting the sexual exploitation or abuse of a child with the intent to
distribute that item; or

���� (iii)� knowingly stores or
maintains an item depicting the sexual exploitation or abuse of a child using a
file-sharing program which is designated as available for searching by or
copying to one or more other computers.

���� In a prosecution under
sub-subparagraph (iii) of this subparagraph, the State shall not be required to
offer proof that an item depicting the sexual exploitation or abuse of a child
had actually been searched, copied, transmitted, or viewed by another user of
the file-sharing program, or by any other person, and it shall be no defense
that the defendant did not intend to distribute the item to another user of the
file-sharing program or to any other person. Nor shall the State be required to
prove that the defendant was aware that the item depicting the sexual
exploitation or abuse of a child was available for searching or copying to one
or more other computers, and the defendant shall be strictly liable for failing
to designate the item as not available for searching or copying by one or more
other computers.

���� A violation of this
subparagraph that involves 1,000 or more items depicting the sexual
exploitation or abuse of a child is a crime of the first degree; otherwise it
is a crime of the second degree.

���� Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-6, a person whose offense under this
subparagraph involved at least 25 but less than 1,000 items depicting the
sexual exploitation or abuse of a child shall be sentenced to a mandatory
minimum term of imprisonment, which shall be fixed at, or between, one-third
and one-half of the sentence imposed by the court or five years, whichever is
greater, during which the defendant shall be ineligible for parole.

���� Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-6, a person whose offense under this
subparagraph involved 1,000 or more items depicting the sexual exploitation or
abuse of a child shall be sentenced to a mandatory minimum term of imprisonment,
which shall be fixed at, or between, one-third and one-half of the sentence
imposed by the court or 10 years, whichever is greater, during which the
defendant shall be ineligible for parole.

���� Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-6, a person convicted of a second or subsequent
offense under this subparagraph shall be sentenced to an extended term of
imprisonment as set forth in N.J.S.2C:43-7. For the purposes of this subparagraph,
an offense is considered a second or subsequent offense if the actor has at any
time been convicted pursuant to paragraph (3), (4), or (5) of this subsection,
or under any similar statute of the United States, this State, or any other
state for an offense that is substantially equivalent to paragraph (3), (4), or
(5) of this subsection.

���� For purposes of this
subparagraph, the term "possess" includes receiving, viewing, or
having under one's control, through any means, including the Internet.

���� (b) (i) A person commits a
crime of the first degree if� the person knowingly possesses, knowingly views,
or knowingly has under� the person's control, through any means, including the
Internet, 100,000 or more items depicting the sexual exploitation or abuse of a
child.

���� (ii)�� A person commits a
crime of the second degree if the person knowingly possesses, knowingly views,
or knowingly has under the person's control, through any means, including the
Internet, at least 1,000 but less than 100,000 items depicting the sexual exploitation
or abuse of a child.

���� (iii)� A person commits a
crime of the third degree if the person knowingly possesses, knowingly views,
or knowingly has under the person's control, through any means, including the
Internet, less than 1,000 items depicting the sexual exploitation or abuse of a
child.

���� Notwithstanding the provisions
of subsection e. of N.J.S.2C:44-1, in any instance where a person was convicted
of an offense under this subparagraph that involved 100 or more items depicting
the sexual exploitation or abuse of a child, the court shall impose a sentence
of imprisonment unless, having regard to the character and condition of the
defendant, it is of the opinion that imprisonment would be a serious injustice
which overrides the need to deter such conduct by others.

���� Notwithstanding the provisions
of subsection a. of N.J.S.2C:43-6, a person convicted of a second or subsequent
offense under this subparagraph shall be sentenced to an extended term of
imprisonment as set forth in N.J.S.2C:43-7. For the purposes of this subparagraph,
an offense is considered a second or subsequent offense if the actor has at any
time been convicted pursuant to paragraph (3), (4), or (5) of this subsection,
or under any similar statute of the United States, this State, or any other
state for an offense that is substantially equivalent to paragraph (3), (4), or
(5) of this subsection.

���� Nothing in this subparagraph
shall be construed to preclude or limit any prosecution or conviction for the
offense set forth in subparagraph (a) of this paragraph.

���� (6)�� For purposes of this
subsection, a person who is depicted as or presents the appearance of being
under the age of 18 in any photograph, film, videotape, computer program or
file, video game, or any other reproduction or reconstruction shall be
rebuttably presumed to be under the age of 18.� If the child who is depicted as
engaging in, or who is caused to engage in, a prohibited sexual act or
simulation of a prohibited sexual act or portrayed in a sexually suggestive
manner is under the age of 18, the actor shall be strictly liable and it shall
not be a defense that the actor did not know that the child was under the age
of 18, nor shall it be a defense that the actor believed that the child was 18
years of age or older, even if such a mistaken belief was reasonable.

���� (7)�� For aggregation
purposes, each depiction of the sexual exploitation or abuse of a child shall
be considered a separate item, provided that each depiction that is in the form
of a photograph, picture, image, or visual depiction of a similar nature shall
be considered to be one item and each depiction that is in the form of a film,
video, video-clip, movie, or visual depiction of a similar nature shall be
considered to be 10 separate items, and each individual act of distribution of
an item depicting the sexual exploitation or abuse of a child shall be
considered a separate item. For purposes of determining the number of items
depicting the sexual exploitation or abuse of a child for purposes of
sentencing pursuant to subparagraph (a) of paragraph (5) of this subsection,
the court shall aggregate all items involved, whether the act or acts
constituting the violation occurred at the same time or at different times and,
with respect to distribution, whether the act or acts of distribution were to
the same person or several persons or occurred at different times, provided
that each individual act was committed within the applicable statute of
limitations.� For purposes of determining the number of items depicting the
sexual exploitation or abuse of a child for purposes of sentencing pursuant to
subparagraph (b) of paragraph (5) of this subsection, the court shall aggregate
all items involved, whether the possession of such items occurred at the same
time or at different times, provided that each individual act was committed
within the applicable statute of limitations.
]

(Deleted by amendment, P.L. , c.
(C. ) (pending before the
Legislature as this bill)).

(cf: P.L.2024, c.92, s.3)

���� 20.� Section 8 of P.L.2017,
c.141 (C.2C:24-4.1) is amended to read as follows:

���� 8.��� a.� A person is a leader
of a network to share child sexual abuse or exploitation material if the person
knowingly conspires with others as an organizer, moderator, administrator,
programmer, recruiter, or facilitator to engage in a scheme or course of conduct
to establish or maintain an interconnected network through which files
containing one or more items depicting the sexual exploitation or abuse of a
child are in any way made available to or accessible among an organized group
of users or participants.

���� b.��� Leader of a network to
share child sexual abuse or exploitation material is a crime of the first
degree if the offense involves
[
100,000
]

1,000

or more items depicting the sexual exploitation or abuse of a child,
otherwise
it is
a crime of the second degree
[
if
the offense involves at least 1,000 but less than 100,000 items depicting the
sexual exploitation or abuse of a child, and a crime of the third degree if the
offense involves less than 1,000 items depicting the sexual exploitation or
abuse of a child
]
.

���� c.���� For aggregation
purposes, each item depicting the sexual exploitation or abuse of a child made
available or accessible through a distribution network shall be considered a
separate item, provided that each item that is in the form of a photograph,
picture, image, or visual depiction of a similar nature shall be considered to
be one item and each depiction that is in the form of a film, video,
video-clip, movie, or visual depiction of a similar nature shall be considered
to be 10 separate items.

���� d.��� Notwithstanding the
provisions of N.J.S.2C:1-8, a conviction of leader of a network to share child
sexual abuse or exploitation material shall not merge with the conviction for
any offense which is the object of the conspiracy, nor shall the other conviction
merge with a conviction under this section. Nothing contained in this section
shall be construed in any way to preclude or limit the prosecution or
conviction of any person for conspiracy under the provisions of N.J.S.2C:5-2,
or any prosecution or conviction for endangering the welfare of children under
the provisions of N.J.S.2C:24-4
, or child sexual abuse or exploitation
material under section 1 of P.L. , c.
(C. ) (pending before the
Legislature as this bill),
or any other provision of law.

���� e.���� As used in this
section:

����
[
"
]
�Interconnected network
[
"
]

�

means a set of computer nodes, including, but not limited to, personal
computers, mobile devices, and physical or virtual servers that are linked
together to facilitate the transmission of data between users.

����
[
"
]

�
Item depicting the
sexual exploitation or abuse of a child
[
"
]

�

shall have the same meaning as provided in
[
subsection
b. of N.J.S.2C:24-4
]

section 1 of P.L. , c.
(C. ) (pending

before the Legislature as this
bill)
.

(cf: P.L.2024, c.92, s.4)

���� 21. N.J.S.2C:34-2 is amended
to read as follows:

���� 2C:34-2. a. Definitions for
purpose of this section:

����
[
(1) �Obscene material� means any
description, narrative account, display, or depiction of sexual activity or
anatomical area contained in, or consisting of, a picture or other
representation, publication, sound recording, live performance, or film, which
by means of posing, composition, format or animated sensual details:

���� (a)�� Depicts or describes in
a patently offensive way, ultimate sexual acts, normal or perverted, actual or
simulated, masturbation, excretory functions, or lewd exhibition of the
genitals,

���� (b)�� Lacks serious literary,
artistic, political, or scientific value, when taken as a whole, and

���� (c)�� Is a part of a work,
which to the average person applying contemporary community standards, has a
dominant theme taken as a whole, which appeals to the prurient interest.

���� (2) �Exhibit� means the sale
of admission to view obscene material.
]

����
�Exhibit� means the sale of
admission to view obscene material.

����
�Identifiable child� has
the definition set forth in section 1 of P.L.���� , c.����� (pending before the
Legislature as this bill).

����
�Obscene material� means
any description, narrative account, display, or depiction of sexual activity or
anatomical area contained in, or consisting of, a picture or other
representation, publication, sound recording, live performance, or film, which
by means of posing, composition, format or animated sensual details, depicts or
describes in a patently offensive way, ultimate sexual acts, normal or
perverted, actual or simulated, masturbation, excretory functions, or lewd
exhibition of the genitals; and lacks serious literary, artistic, political, or
scientific value, when taken as a whole; and is a part of a work, which to the
average person applying contemporary community standards, has a dominant theme
taken as a whole, which appeals to the prurient interest.

����
�Purported child� means a
person who, by means of image or audiovisual manipulation, creation, or
modification, or by means of posing, composition, format, or animated sensual
details, appears to a reasonable person to be a child under 18 years of age, whether
or not the person depicted is an identifiable child.� A purported child who is
depicted as or presents the appearance of being under the age of 18 in any
photograph, film, videotape, computer program or file, video game, or any other
reproduction or reconstruction shall be rebuttably presumed to be under the age
of 18.

���� b. �� A person who sells,
distributes, rents or exhibits,
or who offers to distribute or reproduce, or
who possesses with the intent to distribute or reproduce, whether or not for
pecuniary gain,
obscene material to a person 18 years of age or older
commits a crime of the fourth degree.�
If the obscene material includes a
depiction of a purported child, the person commits a crime of the third degree.
�
Sale of obscene material shall be deemed to include any form of transaction
which results in the admission to a display or depiction of obscene material or
temporary or permanent access to any obscene material.

���� c.
(1)
Nothing
contained
herein shall be construed to limit the applicability of section 1 of P.L.���� ,
c.����� (pending before the Legislature as this bill), where any obscene
material includes a depiction of an identifiable child.

����
(2) Except for the
prohibition of obscene material that includes a depiction of a purported child,
nothing
contained herein or in section 3 of P.L.1995, c.230 (C.2C:34-7)
shall be construed to prohibit a municipality from adopting as a part of its
zoning ordinances an ordinance permitting the sale, distribution, rental or
exhibition of obscene material in which event such sale, distribution, rental
or exhibition shall be deemed legal.

����
(3) This section shall not
apply to an interactive computer service provider, cloud services provider, or
commercial developer or provider of artificial intelligence technology, where
such developer or provider is not deemed to be a publisher, speaker, or information
content provider pursuant to 47 U.S.C. s.230, and shall not be construed to
alter or negate any rights, obligations, or immunities of an interactive
computer service provider or cloud services provider pursuant to 47 U.S.C.
s.230.� Additionally, this section shall not apply to any broadcasting station,
cable service, radio station, or telecommunications carrier, as those terms are
defined pursuant to 47 U.S.C. s.153, or to any television station, billboard,
Internet website, mobile application, video streaming service, newspaper,
magazine, publication, printed matter, or other advertising channel or medium
through which an advertisement containing obscene material appears, where the
advertising channel or medium�s role in disclosing the advertisement is limited
to the selling of advertising time or space, or where an advertising channel or
medium is prohibited by federal law from censoring the advertisement regardless
of its content.

(cf: P.L.1995, c.230, s.1)

����� 22.
N.J.S.2C:34-3 is amended to read as follows:

����� 2C:34-3.
a. Definitions for purposes of this section:

�����
[
(1) �Obscene material� means any description,
narrative account, display, depiction of a specified anatomical area or
specified sexual activity contained in, or consisting of, a picture or other
representation, publication, sound recording, live performance or film, which
by means of posing, composition, format or animated sensual details, emits
sensuality with sufficient impact to concentrate prurient interest on the area
or activity.

����� (2)
�Obscene film� means any motion picture film or preview or trailer to a film,
not including newsreels portraying actual current events or pictorial news of
the day, in which a scene, taken by itself:

����� (a)
Depicts a specified anatomical area or specified sexual activity, or the
simulation of a specified sexual activity, or verbalization concerning a
specified sexual activity; and

����� (b)
Emits sensuality sufficient, in terms of the duration and impact of the
depiction, to appeal to prurient interest.

����� (3)
�Specified anatomical area� means:

����� (a)
Less than completely and opaquely covered human genitals, pubic region, buttock
or female breasts below a point immediately above the top of the areola; or

����� (b)
Human male genitals in a discernibly turgid state, even if covered.

����� (4)
�Specified sexual activity� means:

����� (a)
Human genitals in a state of sexual stimulation or arousal; or

����� (b)
Any act of human masturbation, sexual intercourse or deviate sexual
intercourse; or

����� (c)
Fondling or other erotic touching of covered or uncovered human genitals, pubic
region, buttock or female breast.

����� (5)
�Knowingly� means:

����� (a)�
Having knowledge of the character and content of the material or film described
herein; or

����� (b)
Having failed to exercise reasonable inspection which would disclose its
character and content.

����� (6)
�Exhibit� means the sale of admission to view obscene material.

����� (7)
�Show� means cause or allow to be seen.
]

�����
�Exhibit�
means the sale of admission to view obscene material.

�����
�Identifiable
child� has the definition set forth in section 1 of P.L. ,
c.����� (pending before the Legislature as this bill).

�����
�Knowingly�
means having knowledge of the character and content of the material or film
described herein.

�����
�Obscene
film� means any motion picture film or preview or trailer to a film, not
including newsreels portraying actual current events or pictorial news of the
day, in which a scene, taken by itself, depicts a specified anatomical area or
specified sexual activity, or the simulation of a specified sexual activity, or
verbalization concerning a specified sexual activity; and emits sensuality
sufficient, in terms of the duration and impact of the depiction, to appeal to
prurient interest.

�����
�Obscene
material� means any description, narrative account, display, depiction of a
specified anatomical area or specified sexual activity contained in, or
consisting of, a picture or other representation, publication, sound recording,
live performance or film, which by means of posing, composition, format or
animated sensual details, emits sensuality with sufficient impact to
concentrate prurient interest on the area or activity.

�����
�Purported
child� means a person who, by means of image or audiovisual manipulation,
creation, or modification, or by means of posing, composition, format, or
animated sensual details, appears to a reasonable person to be a child under 18
years of age, whether or not the person depicted is an identifiable child.� A
purported child who is depicted as or presents the appearance of being under
the age of 18 in any photograph, film, videotape, computer program or file,
video game, or any other reproduction or reconstruction shall be rebuttably
presumed to be under the age of 18.

�����
�Show�
means cause or allow to be seen.

�����
�Specified
anatomical area� means the less than completely and opaquely covered human
genitals, pubic region, buttock, or female breasts below a point immediately
above the top of the areola; or the human male genitals in a discernibly turgid
state, even if covered.

�����
�Specified
sexual activity� means human genitals in a state of sexual stimulation or
arousal; any act of human masturbation, sexual intercourse or deviate sexual
intercourse; or fondling or other erotic touching of covered or uncovered human
genitals, pubic region, buttock, or female breast.

����� b.�� Promoting
obscene material.

����� (1)
A person who knowingly sells, distributes, rents or exhibits to a person under
18 years of age obscene material is guilty of a crime of the third degree.�
If
the obscene material includes a depiction of a purported child, the person
commits a crime of the second degree.

����� (2)
A person who knowingly shows obscene material to a person under 18 years of age
with the knowledge or purpose to arouse, gratify or stimulate himself or
another is guilty of a crime of the third degree if the person showing the
obscene material is at least four years older than the person under 18 years of
age viewing the material.�
If the obscene material includes a depiction of a
purported child, the person commits a crime of the second degree.

�����
(3)
Nothing contained herein shall be construed to limit the applicability of
section 1 of P.L.���� , c.����� (pending before the Legislature as this bill),
where any obscene material includes a depiction of an identifiable child.

����� c.�� Admitting
to exhibition of obscene film.

����� (1)
Any person who knowingly admits a person under 18 years of age to a theatre
then exhibiting an obscene film is guilty of a crime of the third degree.�
If
the obscene film includes a depiction of a purported child, the person commits
a crime of the second degree.

����� (2)
A person who knowingly shows an obscene film to a person under 18 years of age
with the knowledge or purpose to arouse, gratify or stimulate himself or
another is guilty of a crime of the third degree if the person showing the
obscene film is at least four years older than the person under 18 years of age
viewing the film.�
If the obscene film includes a depiction of a purported
child, the person commits a crime of the second degree.

�����
(3)
Nothing contained herein shall be construed to limit the applicability of
subsection a. of N.J.S.2C:24-4 where the person who is shown, or admitted to a
theatre exhibiting, an obscene film is under 18 years of age.

����� d.�� Presumption
of knowledge and age.

����� The
requisite knowledge with regard to the character and content of the film or
material and of the age of the person is presumed in the case of an actor who
sells, distributes, rents, exhibits or shows obscene material to a person under
18 years of age or admits to a film obscene for a person under 18 years of age
a person who is under 18 years of age.

����� e.�� Defenses.

����� (1)
It is an affirmative defense to a prosecution under subsections b. and c. which
the defendant must prove by a preponderance of evidence that:

����� (a)
The person under age 18 falsely represented in or by writing that he was age 18
or over;

����� (b)
The person�s appearance was such that an individual of ordinary prudence would
believe him to be age 18 or over; and

����� (c)
The sale, distribution, rental, showing or exhibition to or admission of the
person was made in good faith relying upon such written representation and
appearance and in the reasonable belief that he was actually age 18 or over.

����� (2)
It is an affirmative defense to a prosecution under subsection c. that the
defendant is an employee in a motion picture theatre who has no financial
interest in that motion picture theatre other than his wages and has no
decision-making authority or responsibility with respect to the selection of
the motion picture show which is exhibited.

�����
(3)
This section shall not apply to an interactive computer service provider, cloud
services provider, or commercial developer or provider of artificial
intelligence technology, where such developer or provider is not deemed to be a
publisher, speaker, or information content provider pursuant to 47 U.S.C.
s.230, and shall not be construed to alter or negate any rights, obligations,
or immunities of an interactive computer service provider or cloud services
provider pursuant to 47 U.S.C. s.230.� Additionally, this section shall not
apply to any broadcasting station, cable service, radio station, or
telecommunications carrier, as those terms are defined pursuant to 47 U.S.C.
s.153, or to any television station, billboard, Internet website, mobile
application, video streaming service, newspaper, magazine, publication, printed
matter, or other advertising channel or medium through which an advertisement
containing obscene material appears, where the advertising channel or medium�s
role in disclosing the advertisement is limited to the selling of advertising
time or space, or where an advertising channel or medium is prohibited by
federal law from censoring the advertisement regardless of its content.

(cf:
P.L.1999, c.227, s.1)

����� 23.
�Section 6 of P.L.1979, c.179 (C.2C:39-7) is amended to read as follows:

����� 6.�� Certain
Persons Not to Have Weapons or Ammunition.

����� a.�� Except
as provided in subsection b. of this section, any person, having been convicted
in this State or elsewhere of the crime, or an attempt or conspiracy to commit
the crime, of aggravated assault, arson, burglary, escape, extortion, homicide,
kidnapping, robbery, aggravated sexual assault, sexual assault, bias
intimidation in violation of N.J.S.2C:16-1, carjacking in violation of section
1 of P.L.1993, c.221 (C.2C:15-2), gang criminality in violation of section 1 of
P.L.2007, c.341 (C.2C:33-29), racketeering in violation of N.J.S.2C:41-2,
terroristic threats in violation of N.J.S.2C:12-3, unlawful possession of a
machine gun in violation of subsection a. of N.J.S.2C:39-5, unlawful possession
of a handgun in violation of paragraph (1) of subsection b. of N.J.S.2C:39-5,
unlawful possession of an assault firearm in violation of subsection f. of
N.J.S.2C:39-5, leader of firearms trafficking network in violation of section 1
of P.L.1995, c.405 (C.2C:39-16),
child sexual abuse or exploitation material
in violation of section 1 of P.L. , c.
(C. ) (pending before the
Legislature as this bill),
or endangering the welfare of a child pursuant
to N.J.S.2C:24-4, whether or not armed with or having in the person�s
possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, or any
person convicted of a crime, or an attempt or conspiracy to commit a crime,
pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4 or N.J.S.2C:39-9, or
any person who has ever been committed for a mental disorder to any hospital,
mental institution or sanitarium unless the person possesses a certificate of a
medical doctor or psychiatrist licensed to practice in New Jersey or other
satisfactory proof that the person is no longer suffering from a mental
disorder which interferes with or handicaps the person in the handling of a
firearm, or any person who has been convicted of an offense, or an attempt or
conspiracy to commit an offense, for the unlawful use, possession or sale of a
controlled dangerous substance as defined in N.J.S.2C:35-2, other than a
disorderly persons or petty disorderly persons offense, who purchases, owns,
possesses or controls any of the specified weapons or any ammunition as defined
in section 2 of P.L.2018, c.35 (C.2C:58-21) is guilty of a crime of the fourth
degree.

����� b.
�(1) �A person having been convicted in this State or elsewhere of the crime,
or an attempt or conspiracy to commit the crime, of aggravated assault, arson,
burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual
assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1,
carjacking in violation of section 1 of P.L.1993, c.221 (C.2C:15-2), gang
criminality in violation of section 1 of P.L.2007, c.341 (C.2C:33-29),
racketeering in violation of N.J.S.2C:41-2, terroristic threats in violation of
N.J.S.2C:12-3, unlawful possession of a machine gun in violation of subsection
a. of N.J.S.2C:39-5, unlawful possession of a handgun in violation of paragraph
(1) of subsection b. of N.J.S.2C:39-5, unlawful possession of an assault firearm
in violation of subsection f. of N.J.S.2C:39-5, leader of firearms trafficking
network in violation of section 1 of P.L.1995, c.405 (C.2C:39-16), endangering
the welfare of a child pursuant to N.J.S.2C:24-4,
child sexual abuse or
exploitation material in violation of section 1 of
P.L. , c.
(C. ) (pending before the
Legislature as this bill),
stalking pursuant to P.L.1992, c.209
(C.2C:12-10) or a crime, or an attempt or conspiracy to commit a crime,
involving domestic violence as defined in section 3 of P.L.1991, c.261
(C.2C:25-19), whether or not armed with or having in the person�s possession a
weapon enumerated in subsection r. of N.J.S.2C:39-1, or a person having been
convicted of a crime, or an attempt or conspiracy to commit a crime, pursuant
to the provisions of N.J.S.2C:35-3 through N.J.S.2C:35-6, inclusive; section 1
of P.L.1987, c.101 (C.2C:35-7); N.J.S.2C:35-11; N.J.S.2C:39-3; N.J.S.2C:39-4;
or N.J.S.2C:39-9 who purchases, owns, possesses or controls a firearm is guilty
of a crime of the second degree and upon conviction thereof, the person shall
be sentenced to a term of imprisonment by the court.� The term of imprisonment
shall include the imposition of a minimum term, which shall be fixed at five
years, during which the defendant shall be ineligible for parole.� If the
defendant is sentenced to an extended term of imprisonment pursuant to
N.J.S.2C:43-7, the extended 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 by the court or five years, whichever is greater,
during which the defendant shall be ineligible for parole.�

����� (2)� A
person having been convicted in this State or elsewhere of a disorderly persons
offense involving domestic violence, whether or not armed with or having in the
person�s possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, who
purchases, owns, possesses or controls a firearm or ammunition is guilty of a
crime of the third degree.

����� (3)� A
person whose firearm is seized pursuant to the �Prevention of Domestic Violence
Act of 1991,� P.L.1991, c.261 (C.2C:25-17 et seq.) and whose firearm has not
been returned, or who is subject to a court order prohibiting the possession of
firearms issued pursuant to the �Prevention of Domestic Violence Act of 1991,�
P.L.1991, c.261 (C.2C:25-17 et seq.) who purchases, owns, possesses or controls
a firearm or ammunition is guilty of a crime of the third degree, except that
the provisions of this paragraph shall not apply to any law enforcement officer
while actually on duty, or to any member of the Armed Forces of the United
States or member of the National Guard while actually on duty or traveling to
or from an authorized place of duty.

����� (4)� A
person who is subject to a court order prohibiting the custody, control,
ownership, purchase, possession, or receipt of a firearm or ammunition issued
pursuant to the �Extreme Risk Protective Order Act of 2018,� P.L.2018, c.35
(C.2C:58-20 et al.) who purchases, acquires, owns, possesses, or controls a
firearm or ammunition is guilty of a crime of the third degree.

����� c.�� Whenever
any person shall have been convicted in another state, territory, commonwealth
or other jurisdiction of the United States, or any country in the world, in a
court of competent jurisdiction, of a crime, or an attempt or conspiracy to
commit a crime, which in the other jurisdiction or country is comparable to one
of the crimes enumerated in subsection a. or b. of this section, then that
person shall be subject to the provisions of this section.

(cf:
P.L.2019, c.165, s.1)

���� 24. �N.J.S.2C:41-1 is amended
to read as follows:

���� 2C:41-1. �For purposes of this
section and N.J.S.2C:41-2 through N.J.S.2C:41-6:

���� a.���� �Racketeering activity�
means (1) any of the following crimes which are crimes under the laws of New
Jersey or are equivalent crimes under the laws of any other jurisdiction:

���� (a)�� murder

���� (b)�� kidnapping

���� (c)�� gambling

���� (d)�� promoting prostitution

���� (e)�� obscenity

���� (f)�� robbery

���� (g)�� bribery

���� (h)�� extortion

���� (i)��� criminal usury

���� (j)��� violations of Title 33
of the Revised Statutes

���� (k)�� violations of Title 54A
of the New Jersey Statutes and Title 54 of the Revised Statutes

���� (l)��� arson

���� (m)� burglary

���� (n)�� theft and all crimes
defined in chapter 20 of Title 2C of the New Jersey Statutes

���� (o)�� forgery and fraudulent
practices and all crimes defined in chapter 21 of Title 2C of the New Jersey
Statutes

���� (p)�� fraud in the offering,
sale or purchase of securities

���� (q)�� alteration of motor
vehicle identification numbers

���� (r)��� unlawful manufacture,
purchase, use or transfer of firearms

���� (s)�� unlawful possession or
use of destructive devices or explosives

���� (t)��� violation of sections
112 through 116 inclusive of the �Casino Control Act,� P.L.1977, c.110
(C.5:12-112 through 5:12-116)

���� (u)�� violation of
N.J.S.2C:35-4, N.J.S.2C:35-5 or N.J.S.2C:35-6 and all crimes involving illegal
distribution of a controlled dangerous substance or controlled substance
analog, except possession of less than one ounce of marijuana

���� (v)��
[
violation of
subsection b. of N.J.S.2C:24-4 except for subparagraph (b) of paragraph (5) of
subsection b.
]

violation of subsections b., c., or d. of section 1 of P.L.���� , c.�����
(C.���� ) (pending before the Legislature as this bill)

���� (w)� violation of section 1 of
P.L.1995, c.405 (C.2C:39-16), leader of firearms trafficking network

���� (x)�� violation of section 1
of P.L.1983, c.229 (C.2C:39-14), weapons training for illegal activities

���� (y)�� violation of section 2
of P.L.2002, c.26 (C.2C:38-2), terrorism

���� (z)�� violation of section 1
of P.L.2005, c.77 (C.2C:13-8), human trafficking

���� (aa) violation of
N.J.S.2C:12-1 requiring purposeful or knowing conduct

���� (bb) violation of
N.J.S.2C:12-3, terroristic threats

���� (cc) violation of section 1 of
P.L.2015, c.85 (C.2C:33-31), dog fighting.

���� (2)�� any conduct defined as
�racketeering activity� under Title 18, U.S.C.s.1961(1)(A), (B) and (D).

���� b.��� �Person� includes any
individual or entity or enterprise as defined herein holding or capable of
holding a legal or beneficial interest in property.

���� c.���� �Enterprise� includes
any individual, sole proprietorship, partnership, corporation, business or
charitable trust, association, or other legal entity, any union or group of
individuals associated in fact although not a legal entity, and it includes
illicit as well as licit enterprises and governmental as well as other
entities.

���� d.��� �Pattern of racketeering
activity� requires:

���� (1)�� Engaging in at least two
incidents of racketeering conduct one of which shall have occurred after the
effective date of this act and the last of which shall have occurred within 10
years (excluding any period of imprisonment) after a prior incident of racketeering
activity; and

���� (2)�� A showing that the
incidents of racketeering activity embrace criminal conduct that has either the
same or similar purposes, results, participants or victims or methods of
commission or are otherwise interrelated by distinguishing characteristics and
are not isolated incidents.

���� e.���� �Unlawful debt� means a
debt:

���� (1)�� Which was incurred or
contracted in gambling activity which was in violation of the law of the United
States, a state or political subdivision thereof; or

���� (2)�� Which is unenforceable
under state or federal law in whole or in part as to principal or interest
because of the laws relating to usury.

���� f.���� �Documentary material�
includes any book, paper, document, writing, drawing, graph, chart, photograph,
phonorecord, magnetic or recording or video tape, computer printout, other data
compilation from which information can be obtained or from which information
can be translated into useable form or other tangible item.

���� g.��� �Attorney General�
includes the Attorney General of New Jersey, his assistants and deputies.� The
term shall also include a county prosecutor or his designated assistant
prosecutor if a county prosecutor is expressly authorized in writing by the
Attorney General to carry out the powers conferred on the Attorney General by
this chapter.

���� h.��� �Trade or commerce�
shall include all economic activity involving or relating to any commodity or
service.

(cf: P.L.2015, c.85, s.3)

���� 25. �Section 1 of P.L.2009,
c.143 (C.2C:43-3.8) is amended to read as follows:

���� 1.� a.� In addition to any
disposition authorized by this Title, the provisions of section 24 of P.L.1982,
c.77 (C.2A:4A-43), or any other statute indicating the dispositions that can be
ordered for an adjudication of delinquency, every person convicted of or
adjudicated delinquent for a violation of
[
paragraph
(3), (4), or (5) of subsection b. of N.J.S.2C:24-4
]

section 1 of
P.L. , c.
(C. ) (pending before the
Legislature as this bill)
; section 8 of P.L.2017, c.141 (C.2C:24-4.1);
N.J.S.2C:34-3; or an offense involving computer criminal activity in violation
of any provision of chapter 20 of this title shall be assessed for each such
offense a penalty fixed at:

���� (a)�� $2,000 in the case of a
crime of the first degree;

���� (b)�� $1,000 in the case of a
crime of the second degree;

���� (c)�� $750 in the case of a
crime of the third degree;

���� (d)�� $500 in the case of a
crime of the fourth degree;

���� (e)�� $250 in the case of a
disorderly persons or petty disorderly persons offense.

���� b.��� All penalties provided
for in this section shall be collected as provided for collection of fines and
restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4), and shall be
forwarded to the Department of the Treasury as provided in subsection c. of
this section.

���� c.���� All moneys collected
pursuant to this section shall be forwarded to the Department of the Treasury
to be deposited in a nonlapsing revolving fund to be known as the
[
"
]

�
Computer
Crime Prevention Fund.
[
"
]
�� Moneys in
the fund shall be appropriated by the Legislature to the Department of Law and
Public Safety on an annual basis for the purposes of investigating and
prosecuting computer-related crime and funding continuing educational programs
on high technology crimes and the 24-hour toll-free computer crime hotline
telephone service established pursuant to section 3 of P.L.1998, c.134
(C.52:17B-193) and publicizing thereof, as well as other programs designed to
enhance public awareness of computer-related crime, including, but not limited
to, use of the Internet to facilitate sexual predatory acts, cyber-stalking and
cyberbullying, online distribution or possession of child sexual abuse or
exploitation material, threats of violence in schools or other institutions,
Internet fraud, and unauthorized intrusions into computer systems.

���� d.��� There is created in the
Department of the Treasury a non-lapsing fund entitled the
[
"
]

�
Computer
Crime Prevention Fund.
[
"
]

�
The
fund shall be the depository for assessments collected pursuant to subsection
a. of this section to be appropriated and used in accordance with the purposes
set forth in subsection c. of this section.

(cf: P.L.2024, c.92, s.5)

���� 26. �Section 2 of P.L.1994,
c.130 (C.2C:43-6.4) is amended to read as follows:

���� 2.��� a.� Notwithstanding any
provision of law to the contrary, a judge imposing sentence on a person who has
been convicted of aggravated sexual assault, sexual assault, aggravated
criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c.
of N.J.S.2C:13-1, endangering the welfare of a child by engaging in sexual
conduct which would impair or debauch the morals of the child pursuant to
subsection a. of N.J.S.2C:24-4,
[
endangering
the welfare of a child pursuant to paragraph (3) or sub-subparagraph (i) or
(ii) of subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4
]

child
sexual abuse or exploitation material pursuant to subsection b. or
subparagraphs (a) or (b) of paragraph (1) of subsection e. of section 1 of P.L. ,
c. (C. )
(pending before the Legislature as this bill)
, luring, violating a
condition of a special sentence of community supervision for life pursuant to
subsection d. of this section, or an attempt to commit any of these offenses
shall include, in addition to any sentence authorized by this Code, a special
sentence of parole supervision for life. Notwithstanding any provision of law
to the contrary, a court imposing sentence on a person who has been convicted
of
[
endangering
the welfare of a child pursuant to paragraph (4) or subparagraph (a) or
sub-subparagraph (iii) of subparagraph (b) of paragraph (5) of subsection b. of
N.J.S.2C:24-4
]

child sexual abuse or exploitation material pursuant to subsections c. or d.
or subparagraph (c) of paragraph (1) of subsection e. of section 1 of P.L. ,
c. (C. )
(pending before the Legislature as this bill)
, leader of a network to share
child sexual abuse or exploitation material pursuant to section 8 of P.L.2017,
c.141 (C.2C:24-4.1), or an attempt to commit either of these offenses shall
include, upon motion of the prosecutor, a special sentence of parole
supervision for life in addition to any sentence authorized by Title 2C of the
New Jersey Statutes unless the court finds on the record that the special
sentence is not needed to protect the community or deter the defendant from
future criminal activity.

���� b.��� The special sentence of
parole supervision for life required by this section shall commence immediately
upon the defendant's release from incarceration. If the defendant is serving a
sentence of incarceration for another offense at the time the defendant
completes the custodial portion of the sentence imposed on the present offense,
the special sentence of parole supervision for life shall not commence until
the defendant is actually released from incarceration for the other offense.
Persons serving a special sentence of parole supervision for life shall remain
in the legal custody of the Commissioner of Corrections, shall be supervised by
the Division of Parole of the State Parole Board, shall be subject to the
provisions and conditions set forth in subsection c. of section 3 of P.L.1997,
c.117 (C.30:4-123.51b) and sections 15 through 19 and 21 of P.L.1979, c.441
(C.30:4-123.59 through 30:4-123.63 and C.30:4-123.65), and shall be subject to
conditions appropriate to protect the public and foster rehabilitation.� Such
conditions may include the requirement that the person comply with the
conditions set forth in subsection f. of this section concerning use of a
computer or other device with access to the Internet or the conditions set
forth in subsection g. of this section concerning the operation as defined in
section 1 of P.L.2017, c.315 (C.2C:40-27) of an unmanned aircraft system as
defined in section 1 of P.L.2017, c.315 (C.2C:40-27). If the defendant violates
a condition of a special sentence of parole supervision for life, the defendant
shall be subject to the provisions of sections 16 through 19 and 21 of
P.L.1979, c.441 (C.30:4-123.60 through 30:4-123.63 and C.30:4-123.65), and for
the purpose of calculating the limitation on time served pursuant to section 21
of P.L.1979, c.441 (C.30:4-123.65) the custodial term imposed upon the
defendant related to the special sentence of parole supervision for life shall
be deemed to be a term of life imprisonment. When the court suspends the
imposition of sentence on a defendant who has been convicted of any offense
enumerated in subsection a. of this section, the court may not suspend
imposition of the special sentence of parole supervision for life, which shall
commence immediately, with the Division of Parole of the State Parole Board
maintaining supervision over that defendant, including the defendant's
compliance with any conditions imposed by the court pursuant to N.J.S.2C:45-1,
in accordance with the provisions of this subsection. Nothing contained in this
subsection shall prevent the court from at any time proceeding under the
provisions of N.J.S.2C:45-1 through 2C:45-4 against any such defendant for a
violation of any conditions imposed by the court when it suspended imposition
of sentence, or prevent the Division of Parole from proceeding under the
provisions of sections 16 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60
through 30:4-123.63 and C.30:4-123.65) against any such defendant for a
violation of any conditions of the special sentence of parole supervision for
life, including the conditions imposed by the court pursuant to N.J.S.2C:45-1.
In any such proceeding by the Division of Parole, the provisions of subsection
c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b) authorizing revocation and
return to prison shall be applicable to such a defendant, notwithstanding that
the defendant may not have been sentenced to or served any portion of a
custodial term for conviction of an offense enumerated in subsection a. of this
section.

���� c.���� A person sentenced to a
term of parole supervision for life may petition the Superior Court for release
from that parole supervision. The judge may grant a petition for release from a
special sentence of parole supervision for life only upon proof by clear and
convincing evidence that the person has not committed a crime for 15 years
since the last conviction or release from incarceration, whichever is later,
and that the person is not likely to pose a threat to the safety of others if
released from parole supervision. Notwithstanding the provisions of section 22
of P.L.1979, c.441 (C.30:4-123.66), a person sentenced to a term of parole
supervision for life may be released from that parole supervision term only by
court order as provided in this subsection.

���� d.��� A person who violates a
condition of a special sentence of community supervision for life or parole
supervision for life imposed pursuant to this section without good cause is
guilty of a crime of the third degree. Notwithstanding any other law to the contrary,
a person sentenced pursuant to this subsection shall be sentenced to a term of
imprisonment unless the court is clearly convinced that the interests of
justice so far outweigh the need to deter this conduct and the interest in
public safety that a sentence to imprisonment would be a manifest injustice.
Nothing in this subsection shall preclude subjecting a person who violates any
condition of a special sentence of parole supervision for life to the
provisions of sections 16 through 19 and 21 of P.L.1979, c.441 (C.30:4-123.60
through 30:4-123.63 and C.30:4-123.65) pursuant to the provisions of subsection
c. of section 3 of P.L.1997, c.117 (C.30:4-123.51b).

���� e.���� A person who, while
serving a special sentence of parole supervision for life imposed pursuant to
this section, commits a violation of N.J.S.2C:11-3, N.J.S.2C:11-4,
N.J.S.2C:11-5, subsection b. of N.J.S.2C:12-1, N.J.S.2C:13-1, section 1 of
P.L.1993, c.291 (C.2C:13-6), N.J.S.2C:14-2, N.J.S.2C:14-3, N.J.S.2C:24-4,
section
1 of P.L.���� , c.����� (C.���� ) (pending before the Legislature as this
bill),
section 8 of P.L.2017, c.141 (C.2C:24-4.1), N.J.S.2C:18-2 when the
offense is a crime of the second degree, or subsection a. of N.J.S.2C:39-4
shall be sentenced to an extended term of imprisonment as set forth in
N.J.S.2C:43-7, which term shall, notwithstanding the provisions of
N.J.S.2C:43-7 or any other law, be served in its entirety prior to the person's
resumption of the term of parole supervision for life.

���� f.���� The special sentence of
parole supervision for life required by this section may include any of the
following Internet access conditions:

���� (1)�� Prohibit the person from
accessing or using a computer or any other device with Internet capability
without the prior written approval of the court except the person may use a
computer or any other device with Internet capability in connection with that person's
employment or search for employment with the prior approval of the person's
parole officer;

���� (2)�� Require the person to
submit to periodic unannounced examinations of the person's computer or any
other device with Internet capability by a parole officer, law enforcement
officer, or assigned computer or information technology specialist, including
the retrieval and copying of all data from the computer or device and any
internal or external peripherals and removal of such information, equipment or
device to conduct a more thorough inspection;

���� (3)�� Require the person to
submit to the installation on the person's computer or device with Internet
capability, at the person's expense, one or more hardware or software systems
to monitor the Internet use;

���� (4)�� Require the person to
submit to any other appropriate restrictions concerning the person's use or
access of a computer or any other device with Internet capability; and

���� (5)�� Require the person to
disclose all passwords used by the person to access any data, information,
image, program, signal or file on the person's computer, or any other device
with Internet capability.

���� g.��� The special sentence of
parole supervision for life required by this section may include reasonable
conditions prohibiting or restricting the person's operation of an unmanned
aircraft system in order to reduce the likelihood of a recurrence of criminal or
delinquent behavior.

(cf: P.L.2024, c.92, s.6)

���� 27.� Section 2 of P.L.1997,
c.117 (C.2C:43-7.2) is amended to read as follows:�

�����
2.� a.� A court
imposing a sentence of incarceration for a crime of the first or second degree
enumerated in subsection d. of this section shall fix a minimum term of 85% of
the sentence imposed, during which the defendant shall not be eligible for
parole.

���� b.��� The minimum term
required by subsection a. of this section shall be fixed as a part of every
sentence of incarceration imposed upon every conviction of a crime enumerated
in subsection d. of this section, whether the sentence of incarceration is
determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3, or any
other provision of law, and shall be calculated based upon the sentence of
incarceration actually imposed.� The provisions of subsection a. of this
section shall not be construed or applied to reduce the time that must be
served before eligibility for parole by an inmate sentenced to a mandatory
minimum period of incarceration.� Solely for the purpose of calculating the
minimum term of parole ineligibility pursuant to subsection a. of this section,
a sentence of life imprisonment shall be deemed to be 75 years.

���� c.���� Notwithstanding any
other provision of law to the contrary and in addition to any other sentence
imposed, a court imposing a minimum period of parole ineligibility of 85
percent of the sentence pursuant to this section shall also impose a five-year
term of parole supervision if the defendant is being sentenced for a crime of
the first degree, or a three-year term of parole supervision if the defendant
is being sentenced for a crime of the second degree.� The term of parole
supervision shall commence upon the completion of the sentence of incarceration
imposed by the court pursuant to subsection a. of this section unless the
defendant is serving a sentence of incarceration for another crime at the time
the defendant completes the sentence of incarceration imposed pursuant to
subsection a., in which case the term of parole supervision shall commence
immediately upon the defendant's release from incarceration.� During the term
of parole supervision the defendant shall remain in release status in the
community in the legal custody of the Commissioner of the Department of
Corrections and shall be supervised by the State Parole Board as if on parole
and shall be subject to the provisions and conditions of section 3 of P.L.1997,
c.117 (C.30:4-123.51b).

���� d.��� The court shall impose
sentence pursuant to subsection a. of this section upon conviction of the
following crimes or an attempt or conspiracy to commit any of these crimes:

���� (1)� N.J.S.2C:11-3, murder;

���� (2)� N.J.S.2C:11-4, aggravated
manslaughter or manslaughter;

���� (3)� N.J.S.2C:11-5, vehicular
homicide;

���� (4)� subsection b. of
N.J.S.2C:12-1, aggravated assault;

���� (5)� subsection b. of section
1 of P.L.1996, c.14 (2C:12-11), disarming a law enforcement officer;

���� (6)� N.J.S.2C:13-1,
kidnapping;

���� (7)� subsection a. of
N.J.S.2C:14-2, aggravated sexual assault;

���� (8) subsection b. of
N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual
assault;

���� (9) N.J.S.2C:15-1, robbery;

���� (10) section 1 of P.L.1993,
c.221 (C.2C:15-2), carjacking;

���� (11) paragraph (1) of
subsection a. of N.J.S.2C:17-1, aggravated arson;

���� (12) N.J.S.2C:18-2, burglary;

���� (13) subsection a. of
N.J.S.2C:20-5, extortion;

���� (14) subsection b. of section
1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or
distribution facilities;

���� (15) N.J.S.2C:35-9, strict
liability for drug induced deaths;

���� (16) section 2 of P.L.2002,
c.26 (C.2C:38-2), terrorism;

���� (17) section 3 of P.L.2002,
c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents
or nuclear or radiological devices;

���� (18) N.J.S.2C:41-2,
racketeering, when it is a crime of the first degree;

���� (19) subsection i. of
N.J.S.2C:39-9, firearms trafficking;

���� (20)
[
paragraph (3)
of subsection b. of N.J.S.2C:24-4
]

subsection b. of section 1 of P.L. ,
c. (C. )
(pending before the Legislature as this bill)
, causing or permitting a
child to engage in a prohibited sexual act, knowing that the act may be
reproduced or reconstructed in any manner, or be part of an exhibition or
performance;

���� (21) section 1 of P.L.2024,
c.83 (C.2C:18-2.1), home invasion burglary; or

���� (22) section 2 of P.L.2024,
c.83 (C.2C:18-2.2), residential burglary.

���� e.���� (Deleted by amendment,
P.L.2001, c.129).

(cf: P.L.2024, c.83, s.8)

���� 28. N.J.S.2C:44-6 is amended
to read as follows:

���� 2C:44-6. Procedure on
sentence; presentence investigation and report.

���� a.���� The court shall not
impose sentence without first ordering a presentence investigation of the
defendant and according due consideration to a written report of such
investigation when required by the Rules of Court.� The court may order a
presentence investigation in any other case.

���� b.��� The presentence
investigation shall include an analysis of the circumstances attending the
commission of the offense, the defendant�s history of delinquency or
criminality, family situation, financial resources, including whether or not
the defendant is an enrollee or covered person under a health insurance
contract, policy or plan, debts, including any amount owed for a fine,
assessment or restitution ordered in accordance with the provisions of Title
2C, any obligation of child support including any child support delinquencies,
employment history, personal habits, the disposition of any charge made against
any codefendants, the defendant�s history of civil commitment, any disposition
which arose out of charges suspended pursuant to N.J.S.2C:4-6 including the
records of the disposition of those charges and any acquittal by reason of
insanity pursuant to N.J.S.2C:4-1, and any other matters that the probation
officer deems relevant or the court directs to be included.� The defendant
shall disclose any information concerning any history of civil commitment.� The
report shall also include a medical history of the defendant and a complete
psychological evaluation of the defendant in any case in which the defendant is
being sentenced for a first or second degree crime involving violence and:

���� (1)�� the defendant has a
prior acquittal by reason of insanity pursuant to N.J.S.2C:4-1 or had charges
suspended pursuant to N.J.S.2C:4-6; or

���� (2)�� the defendant has a
prior conviction for murder pursuant to N.J.S.2C:11-3, aggravated sexual
assault or sexual assault pursuant to N.J.S.2C:14-2, kidnapping pursuant to
N.J.S.2C:13-1, endangering the welfare of a child which would constitute a
crime of the second degree pursuant to N.J.S.2C:24-4,
child sexual abuse or
exploitation material pursuant to section 1 of P.L.���� , c.����� (C. ) (pending
before the Legislature as this bill) where it is a crime of the second degree,

or stalking which would constitute a crime of the third degree pursuant to
section 1 of P.L.1992, c.209 (C.2C:12-10); or

���� (3)�� the defendant has a
prior diagnosis of psychosis.

���� The court, in its discretion
and considering all the appropriate circumstances, may waive the medical
history and psychological examination in any case in which a term of
imprisonment including a period of parole ineligibility is imposed.� In any
case involving a conviction of N.J.S.2C:24-4, endangering the welfare of a
child;
section 1 of P.L.���� , c.����� (C.���� ) (pending before the
Legislature as this bill), child sexual abuse or exploitation material;
N.J.S.2C:18-3,
criminal trespass, where the trespass was committed in a school building or on
school property; section 1 of P.L.1993, c.291 (C.2C:13-6), attempting to lure
or entice a child with purpose to commit a criminal offense; section 1 of
P.L.1992, c.209 (C.2C:12-10), stalking; or N.J.S.2C:13-1, kidnapping, where the
victim of the offense is a child under the age of 18, the investigation shall
include a report on the defendant�s mental condition.

���� The presentence investigation
shall also include information regarding the defendant�s history of substance
use disorder and substance use disorder treatment, if any, including whether
the defendant has sought treatment in the past.� If any of the factors listed
in subsection b. of section 1 of P.L.2012, c.23 (C.2C:35-14.1) apply, the
presentence report shall also include consideration of whether the defendant
may be a person with a substance use disorder as defined in N.J.S.2C:35-2.

���� The presentence investigation
shall include an analysis of whether the defendant should be required to submit
to a professional diagnostic assessment within the meaning of paragraph (1) of
subsection a. of N.J.S.2C:35-14 in any case where: the defendant may be a
person with a substance use disorder as defined in N.J.S.2C:35-2; the defendant
is eligible to be considered for a sentence to special probation pursuant to
N.J.S.2C:35-14; and the court has not already ordered the defendant to submit
to any such diagnostic assessment in regard to the pending matter.

���� The presentence report shall
also include a report on any compensation paid by the Victims of Crime
Compensation Agency as a result of the commission of the offense and, in any
case where the victim chooses to provide one, a statement by the victim of the
offense for which the defendant is being sentenced.� The statement may include
the nature and extent of any physical harm or psychological or emotional harm
or trauma suffered by the victim, the extent of any loss to include loss of
earnings or ability to work suffered by the victim and the effect of the crime
upon the victim�s family.� The probation department shall notify the victim or
nearest relative of a homicide victim of his right to make a statement for
inclusion in the presentence report if the victim or relative so desires.� Any
such statement shall be made within 20 days of notification by the probation
department.

���� The presentence report shall
specifically include an assessment of the gravity and seriousness of harm
inflicted on the victim, including whether or not the defendant knew or
reasonably should have known that the victim of the offense was particularly vulnerable
or incapable of resistance due to advanced age, disability, ill-health, or
extreme youth, or was for any other reason substantially incapable of
exercising normal physical or mental power of resistance.

���� c.���� If, after the
presentence investigation, the court desires additional information concerning
an offender convicted of an offense before imposing sentence, it may order any
additional psychological or medical testing of the defendant.

���� d.��� Disclosure of any
presentence investigation report or psychiatric examination report shall be in
accordance with law and the Rules of Court, except that information concerning
the defendant�s financial resources shall be made available upon request to the
Victims of Crime Compensation Agency or to any officer authorized under the
provisions of section 3 of P.L.1979, c.396 (C.2C:46-4) to collect payment on an
assessment, restitution or fine and that information concerning the defendant�s
coverage under any health insurance contract, policy or plan shall be made
available, as appropriate to the Commissioner of Corrections and to the chief
administrative officer of a county jail in accordance with the provisions of
P.L.1995, c.254 (C.30:7E-1 et al.).

���� e.���� The court shall not
impose a sentence of imprisonment for an extended term unless the ground
therefor has been established at a hearing after the conviction of the
defendant and on written notice to him of the ground proposed.� The defendant
shall have the right to hear and controvert the evidence against him and to
offer evidence upon the issue.

���� f.���� (Deleted by amendment,
P.L.1986, c.85).

(cf: P.L.2023, c.177, s.10)

���� 29.� Section 3 of P.L.2003,
c.301 (C.2C:44-6.3) is amended to read as follows:

���� 3.��� a.� In any case in which
a person has been convicted of a crime enumerated in subsection b. of this
section and:

���� (1)�� the victim of the crime
was either a person under the age of 18 at the time of the commission of the
crime or a person defined in paragraph (9) of subsection b. of this section;
and

���� (2)�� the person convicted of
the crime resides in a household with other minor children or is a parent of a
minor child,

���� the court, based on an
interview with the defendant, shall make a referral to the Division of Child
Protection and Permanency in the Department of Children and Families and
provide the division with the name and address of the person convicted of the
crime, information on the person's criminal history, and the name and address
of each child referred to in paragraph (2) of this subsection.

���� b.��� For purposes of this
section,
[
"
]

�
crime
[
"
]

�

includes any of the following:

���� (1)�� murder pursuant to
N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;

���� (2)�� simple assault or
aggravated assault pursuant to N.J.S.2C:12-1;

���� (3)�� stalking pursuant to
P.L.1992, c.209 (C.2C:12-10);

���� (4)�� terrorist threats
pursuant to N.J.S.2C:12-3;

���� (5)�� kidnapping and related
offenses including criminal restraint; false imprisonment; interference with
custody; criminal coercion; or enticing a child into a motor vehicle,
structure, or isolated area pursuant to N.J.S.2C:13-1 through 2C:13-6;

���� (6)�� sexual assault, criminal
sexual contact, or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;

���� (7)�� arson pursuant to
N.J.S.2C:17-1, or causing or risking widespread injury or damage, which would
constitute a crime of the second degree pursuant to N.J.S.2C:17-2;

���� (8)�� a crime against a child,
including endangering the welfare of a child and any crime involving child
sexual abuse or exploitation material pursuant to N.J.S.2C:24-4,
or section
1 of P.L.���� , c.����� (C.���� ) (pending before the Legislature as this bill),

or child abuse, neglect, or abandonment pursuant to R.S.9:6-3;

���� (9)�� endangering the welfare
of an incompetent person pursuant to N.J.S.2C:24-7 or endangering the welfare
of an elderly or disabled person pursuant to N.J.S.2C:24-8;

���� (10) domestic violence
pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.); or

���� (11) an attempt or conspiracy
to commit an offense listed in paragraphs (1) through (10) of this subsection.

(cf: P.L.2024, c.92, s.7)

���� 30. �N.J.S.2C:47-1 is amended
to read as follows:

���� 2C:47-1.���� Referral to Adult
Diagnostic and Treatment Center; Commitment; Examination.

���� Whenever a person is convicted
of the offense of aggravated sexual assault, sexual assault, aggravated
criminal sexual contact, kidnapping pursuant to paragraph (2) of subsection c.
of N.J.S.2C:13-1, endangering the welfare of a child by engaging in sexual
conduct which would impair or debauch the morals of the child pursuant to
subsection a. of N.J.S.2C:24-4,
[
endangering
the welfare of a child pursuant to paragraph (4) or (5) of subsection b. of
N.J.S.2C:24-4
]

child sexual abuse or exploitation material pursuant to subsections b., c.,
d., or e. of section 1 of P.L. , c.
(C. ) (pending before the
Legislature as this bill)
, leader of a network to share child sexual abuse
or exploitation material pursuant to section 8 of P.L.2017, c.141
(C.2C:24-4.1), or an attempt to commit any such crime, the judge shall order
the Department of Corrections to complete a psychological examination of the
offender, except the judge shall not require a psychological examination if the
offender is to be sentenced to a term of life imprisonment without eligibility
for parole.� The examination shall include a determination of whether the
offender's conduct was characterized by a pattern of repetitive, compulsive
behavior and, if it was, a further determination of the offender's amenability
to sex offender treatment and willingness to participate in such treatment.�
The court's order shall contain a determination of the offender's legal
settlement in accordance with subdivision D of article 3 of chapter 4 of Title
30 of the Revised Statutes.

(cf: P.L.2024, c.92, s.8)

���� 31. �N.J.S.2C:52-2 is amended
to read as follows:

���� 2C:52-2.���� Indictable
Offenses.

���� a.���� In all cases, except as
herein provided, a person may present an expungement application to the
Superior Court pursuant to this section if:

���� the person has been convicted
of one crime under the laws of this State, and does not otherwise have any
subsequent conviction for another crime, whether within this State or any other
jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14
requiring denial of an expungement petition when a person has had a previous
criminal conviction expunged, a prior conviction for another crime shall not
bar presenting an application seeking expungement relief for the criminal
conviction that is the subject of the application; or

���� the person has been convicted
of one crime and no more than three disorderly persons or petty disorderly
persons offenses under the laws of this State, and does not otherwise have any
subsequent conviction for another crime, or any subsequent conviction for
another disorderly persons or petty disorderly persons offense such that the
total number of convictions for disorderly persons and petty disorderly persons
offenses would exceed three, whether any such crime or offense conviction was
within this State or any other jurisdiction. Subject to the provision of
subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition
when a person has had a previous criminal conviction expunged, a prior
conviction for another crime, disorderly persons offense, or petty disorderly
persons offense shall not bar presenting an application seeking expungement
relief for the one criminal conviction and no more than three convictions for
disorderly persons or petty disorderly persons offenses that are the subject of
the application; or

���� the person has been convicted
of multiple crimes or a combination of one or more crimes and one or more
disorderly persons or petty disorderly persons offenses under the laws of this
State, all of which are listed in a single judgment of conviction, and does not
otherwise have any subsequent conviction for another crime or offense in
addition to those convictions included in the expungement application, whether
any such conviction was within this State or any other jurisdiction. Subject to
the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an
expungement petition when a person has had a previous criminal conviction
expunged, a prior conviction for another crime, disorderly persons offense, or
petty disorderly persons offense that is not listed in a single judgment of
conviction shall not bar presenting an application seeking expungement relief
for the convictions listed in a single judgment of conviction that are the
subject of the application; or

���� the person has been convicted
of multiple crimes or a combination of one or more crimes and one or more
disorderly persons or petty disorderly persons offenses under the laws of this
State, which crimes or combination of crimes and offenses were interdependent
or closely related in circumstances and were committed as part of a sequence of
events that took place within a comparatively short period of time, regardless
of the date of conviction or sentencing for each individual crime or offense,
and the person does not otherwise have any subsequent conviction for another
crime or offense in addition to those convictions included in the expungement
application, whether any such conviction was within this State or any other
jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14
requiring denial of an expungement petition when a person has had a previous
criminal conviction expunged, a prior conviction for another crime, disorderly
persons offense, or petty disorderly persons offense that was not
interdependent or closely related in circumstances and was not committed within
a comparatively short period of time as described above shall not bar
presenting an application seeking expungement relief for the convictions of
crimes or crimes and offenses that were interdependent or closely related and
committed within a comparatively short period of time, and that are the subject
of the application.

���� For purposes of determining
eligibility to present an expungement application to the Superior Court
pursuant to this section, a conviction for unlawful distribution of, or
possessing or having under control with intent to distribute, marijuana or
hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5,or a
lesser amount of marijuana or hashish in violation of paragraph (12) of
subsection b. of that section, or a violation of either of those paragraphs and
a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or
subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1), for distributing,
or possessing or having under control with intent to distribute, on or within
1,000 feet of any school property, or on or within 500 feet of the real
property comprising a public housing facility, public park, or public building,
or for obtaining or possessing marijuana or hashish in violation of paragraph
(3) of subsection a. of N.J.S.2C:35-10, or for an equivalent crime in another jurisdiction,
regardless of when the conviction occurred, shall not be considered a
conviction of a crime within this State or any other jurisdiction but shall
instead be considered a conviction of a disorderly persons offense within this
State or an equivalent category of offense within the other jurisdiction, and a
conviction for obtaining, possessing, using, being under the influence of, or
failing to make lawful disposition of marijuana or hashish in violation of
paragraph (4) of subsection a., or subsection b., or subsection c. of
N.J.S.2C:35-10, or a violation involving marijuana or hashish as described
herein and using or possessing with intent to use drug paraphernalia with that
marijuana or hashish in violation of N.J.S.2C:36-2, or for an equivalent crime
or offense in another jurisdiction, regardless of when the conviction occurred,
shall not be considered a conviction within this State or any other
jurisdiction.

���� The person, if eligible, may
present the expungement application after the expiration of a period of five
years from the date of the person's most recent conviction, payment of any
court-ordered financial assessment, satisfactory completion of probation or
parole, or release from incarceration, whichever is later. The term
[
"
]

�
court-ordered
financial assessment
[
"
]

�
as
used herein and throughout this section means and includes any fine, fee,
penalty, restitution, and other form of financial assessment imposed by the
court as part of the sentence for the conviction or convictions that are the
subject of the application, for which payment of restitution takes precedence
in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The
person shall submit the expungement application to the Superior Court in the
county in which the person resides or a county in which one or more of the
person's convictions were adjudged, which includes a duly verified petition as
provided in N.J.S.2C:52-7 praying that the conviction, or convictions if
applicable, and all records and information pertaining thereto be expunged. The
petition appended to an application shall comply with the requirements set
forth in N.J.S.2C:52-1 et seq.

���� Notwithstanding the provisions
concerning the five-year time requirement, if, at the time of application, a
court-ordered financial assessment subject to collection under the
comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1
et al.) is not yet satisfied due to reasons other than willful noncompliance,
but the time requirement of five years is otherwise satisfied, the person may
submit the expungement application and the court may grant an expungement;
provided, however, that if expungement is granted the court shall enter a civil
judgment for the unpaid portion of the court-ordered financial assessment in
the name of the Treasurer, State of New Jersey and transfer collections and
disbursement responsibility to the State Treasurer for the outstanding amount
in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1).� The Treasurer
may specify, and the Administrative Office of the Courts shall collaborate
with, the technical and informational standards required to effectuate the
transfer of the collection and disbursement responsibilities. Notwithstanding
any provision in this law or any other law to the contrary, the court shall
have sole discretion to amend the judgment.

���� Additionally, an application
may be filed and presented, and the court may grant an expungement pursuant to
this section, although less than five years have expired in accordance with the
time requirements when the court finds:

���� (1)�� the court-ordered
financial assessment is satisfied but less than five years have expired from
the date of satisfaction, the time requirement of five years is otherwise
satisfied, and the court finds that the person substantially complied with any
payment plan ordered pursuant to N.J.S.2C:46-1 et seq. or could not do so due
to compelling circumstances affecting the person's ability to satisfy the
assessment; or

���� (2)�� at least four but less
than five years have expired from the date of the most recent conviction,
payment of any court-ordered financial assessment, satisfactory completion of
probation or parole, or release from incarceration, whichever is later; and

���� the person has not been
otherwise convicted of a crime, disorderly persons offense, or petty disorderly
persons offense since the time of the most recent conviction; and the court
finds in its discretion that compelling circumstances exist to grant the expungement.
The prosecutor may object pursuant to section 11 of P.L.2019, c.269
(C.2C:52-10.1), N.J.S.2C:52-11, N.J.S.2C:52-14, or N.J.S.2C:52-24.

���� In determining whether
compelling circumstances exist for the purposes of paragraph (1) of this
subsection, a court may consider any relevant information provided by the
person submitting the application and the prosecutor, including the amount of
any court-ordered financial assessment imposed, the person's age at the time of
the offense or offenses, the person's financial condition, and other relevant
circumstances regarding the person's ability to pay. However, regarding a
determination of compelling circumstances pursuant to paragraph (1) of this
subsection or a determination of compelling circumstances pursuant to any other
part of this section, the person shall not be required to provide transcripts
of plea or sentencing proceedings or be required to provide any presentence
reports with the application or any other filing.

���� b.��� Records of conviction
pursuant to statutes repealed by this Code for the crimes of murder,
manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson,
perjury, false swearing, robbery, embracery, a conspiracy or any attempt to
commit any of the foregoing, or aiding, assisting, or concealing persons
accused of the foregoing crimes, shall not be expunged.

���� Records of conviction for the
following crimes specified in the New Jersey Code of Criminal Justice shall not
be subject to expungement: N.J.S.2C:11-1 et seq. (Criminal Homicide), except
death by auto as specified in N.J.S.2C:11-5 and strict liability vehicular
homicide as specified in section 1 of P.L.2017, c.165 (C.2C:11-5.3);
N.J.S.2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or
Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking);
N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); subsection a. of
N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact); if the victim is a minor,
subsection b. of N.J.S.2C:14-3 (Criminal Sexual Contact); if the victim is a
minor and the offender is not the parent of the victim, N.J.S.2C:13-2 (Criminal
Restraint) or N.J.S.2C:13-3 (False Imprisonment); N.J.S.2C:15-1 (Robbery);
N.J.S.2C:17-1 (Arson and Related Offenses); subsection a. of N.J.S.2C:24-4
(Endangering the welfare of a child by engaging in sexual conduct which would
impair or debauch the morals of the child, or causing the child other harm);
[
paragraph (4)
of subsection b. of N.J.S.2C:24-4
]

subsection c. of section 1 of P.L. , c.
(C. ) (pending before the
Legislature as this bill)
�(Photographing or filming a child in a
prohibited sexual act or for portrayal in a sexually suggestive manner);
[
paragraph (3)
of subsection b. of N.J.S.2C:24-4
]

subsection b. of section 1 of P.L. ,
c. (C. )
(pending before the Legislature as this bill)
(Causing or permitting a
child to engage in a prohibited sexual act or the simulation of an act, or to
be portrayed in a sexually suggestive manner);
[
subparagraph (a) of paragraph (5)
of subsection b. of N.J.S.2C:24-4
]

subsection d. of section 1 of P.L. ,
c. (C. )
(pending before the Legislature as this bill)
(Distributing, possessing
with intent to distribute or using a file-sharing program to store items
depicting the sexual exploitation or abuse of a child);
[
subparagraph
(b) of paragraph (5) of subsection b. of N.J.S.2C:24-4
]

subsection
e. of section 1 of P.L. , c.
(C. ) (pending before the
Legislature as this bill)
(Possessing or viewing items depicting the sexual
exploitation or abuse of a child); section 8 of P.L.2017, c.141 (C.2C:24-4.1)
(Leader of a network to share child sexual abuse or exploitation material);
N.J.S.2C:28-1 (Perjury); N.J.S.2C:28-2 (False Swearing); paragraph (4) of
subsection b. of N.J.S.2C:34-1 (Knowingly promoting the prostitution of the
actor's child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection
a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical
Weapons, Biological Agents or Nuclear or Radiological Devices); and
conspiracies or attempts to commit such crimes.

���� Records of conviction for any
crime committed by a person holding any public office, position, or employment,
elective or appointive, under the government of this State or any agency or
political subdivision thereof and any conspiracy or attempt to commit such a
crime shall not be subject to expungement if the crime involved or touched such
office, position, or employment.

���� c.���� In the case of
conviction for the sale or distribution of a controlled dangerous substance or
possession thereof with intent to sell, expungement shall be denied except
where the crimes involve:

���� (1)�� Marijuana, where the
total quantity sold, distributed, or possessed with intent to sell was less
than one ounce;

���� (2)�� Hashish, where the total
quantity sold, distributed, or possessed with intent to sell was less than five
grams; or

���� (3)�� Any controlled dangerous
substance provided that the conviction is of the third or fourth degree, where
the court finds that compelling circumstances exist to grant the expungement.�
The prosecutor may object pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1),
N.J.S.2C:52-11, N.J.S.2C:52-14, or N.J.S.2C:52-24.

���� d.��� In the case of a State
licensed physician or podiatrist convicted of an offense involving drugs or
alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or
2C:21-4.1), the petitioner shall notify the State Board of Medical Examiners
upon filing an application for expungement and provide the board with a copy
thereof.� The petitioner shall also provide to the court a certification
attesting that the requirements of this subsection were satisfied.� Failure to
satisfy the requirements of this subsection shall be grounds for denial of the
expungement application and, if applicable, administrative discipline by the
board.

(cf: P.L.2024, c.92, s.9)

����� 32.
�Section 4 of P.L.2009, c.43 (C.3B:5-14.1) is amended to read as follows:

����� 4.
�a. �As used in this section, �minor� means a person under the age of 18 years.

����� b.�� A
parent of a decedent shall lose all right to intestate succession in any part
of the decedent�s estate and all right to administer the estate of the decedent
if:

����� (1)� The
parent refused to acknowledge the decedent or abandoned the decedent when the
decedent was a minor by willfully forsaking the decedent, failing to care for
and keep the control and custody of the decedent so that the decedent was
exposed to physical or moral risk without proper and sufficient protection, or
failing to care for and keep the control and custody of the decedent so that
the decedent was in the care, custody and control of the State at the time of
death;

����� (2)� The
parent was convicted of committing any of the following crimes against the
decedent:

����� (a)� N.J.S.2C:14-2,
Sexual Assault;

����� (b)� N.J.S.2C:14-3,
Criminal Sexual Contact;

����� (c)� N.J.S.2C:24-4,
Endangering Welfare of Children;

�����
(d)
section 1 of P.L.���� , c.����� (C.���� ) (pending before the Legislature as
this bill), child sexual abuse or exploitation material;

����� (3)� The
parent was convicted of an attempt or conspiracy to murder the decedent; or

����� (4)� The
parent abused or neglected the decedent, as defined in subsection c. of section
1 of P.L.1974, c.119 (C.9:6-8.21), and the abuse or neglect contributed to the
decedent�s death.

����� c.�� If
a parent is disqualified from taking a distributive share in the estate of a
decedent under this section, the estate shall be distributed as though the
parent predeceased the decedent.

(cf:
P.L.2009, c.43, s.4)

����� 33.
�Section 86 of P.L.1977, c.110 (C.5:12-86) is amended to read as follows:

����� 86.�
Casino License--Disqualification Criteria. The commission shall deny a casino
license to any applicant who is disqualified on the basis of any of the
following criteria:

����� a.�� Failure
of the applicant to prove by clear and convincing evidence that the applicant
is qualified in accordance with the provisions of this act;

����� b.�� Failure
of the applicant to provide information, documentation and assurances required
by the act or requested by the commission or the division, or failure of the
applicant to reveal any fact material to qualification, or the supplying of
information which is untrue or misleading as to a material fact pertaining to
the qualification criteria;

����� c.�� The
conviction of the applicant, or of any person required to be qualified under
this act as a condition of a casino license, of any offense in any jurisdiction
which would be:

����� (1)� Any
of the following offenses under the �New Jersey Code of Criminal Justice,�
P.L.1978, c.95 (Title 2C of the New Jersey Statutes) as amended and
supplemented:

����� all
crimes of the first degree;

����� N.J.S.2C:5-1
(attempt to commit an offense which is listed in this subsection);

����� N.J.S.2C:5-2
(conspiracy to commit an offense which is listed in this subsection);

����� Subsection
b. of N.J.S.2C:11-4 (manslaughter);

����� N.J.S.2C:11-5
(vehicular homicide which constitutes a crime of the second degree);

����� Subsection
b. of N.J.S.2C:12-1 (aggravated assault which constitutes a crime of the second
or third degree);

����� N.J.S.2C:13-1
(kidnapping);

����� N.J.S.2C:14-1
et seq. (sexual offenses which constitute crimes of the second or third
degree);

����� N.J.S.2C:15-1
(robberies);

����� Subsections
a. and b. of N.J.S.2C:17-1 (crimes involving arson and related offenses);

����� Subsections
a. and b. of N.J.S.2C:17-2 (causing or risking widespread injury or damage);

����� N.J.S.2C:18-2
(burglary which constitutes a crime of the second or third degree);

����� N.J.S.2C:20-1
et seq. (theft and related offenses which constitute crimes of the second or
third degree);

����� N.J.S.2C:21-1
et seq. (forgery and fraudulent practices which constitute crimes of the second
or third degree);

����� N.J.S.2C:24-4
(endangering the welfare of a child);

�����
Section
1 of P.L.���� , c.����� (C.���� ) (pending before the Legislature as this bill)
(child sexual abuse or exploitation material);

����� N.J.S.2C:27-1
et seq. (bribery and corrupt influence);

����� N.J.S.2C:28-1
et seq. (perjury and other falsification in official matters which constitute
crimes of the second, third or fourth degree);

����� N.J.S.2C:30-2
and N.J.S.2C:30-3 (misconduct in office and abuse in office which constitutes a
crime of the second degree);

����� N.J.S.2C:35-5
(manufacturing, distributing or dispensing a controlled dangerous substance or
a controlled dangerous substance analog which constitutes a crime of the second
or third degree);

����� N.J.S.2C:35-6
(employing a juvenile in a drug distribution scheme);

����� N.J.S.2C:35-7
(distributing, dispensing or possessing a controlled dangerous substance or a
controlled substance analog on or within 1,000 feet of school property or bus);

����� P.L.1997,
c.327 (C.2C:35-7.1)� (distributing, dispensing or possessing a controlled
dangerous substance or a controlled substance analog in proximity to public
housing facilities, parks or buildings);

����� N.J.S.2C:35-11
(distribution, possession or manufacture of imitation controlled dangerous
substances);

����� N.J.S.2C:35-13
(acquisition of controlled dangerous substances by fraud);

����� N.J.S.2C:37-1
et seq. (gambling offenses which constitute crimes of the third or fourth
degree);

����� N.J.S.2C:37-7
(possession of a gambling device);

����� Any
second degree racketeering crime under Chapter 41 of Title 2C of the New Jersey
Statutes; or

����� (2)� Any
of the following offenses under the �Casino Control Act,� P.L.1977, c.110
(C.5:12-1 et seq.):

����� P.L.1977,
c.110, s.113 (C.5:12-113) (swindling and cheating);

����� P.L.1991,
c.182, s.46 (C.5:12-113.1) (use of device to gain advantage at casino game);

����� P.L.1977,
c.110, s.114 (C.5:12-114) (unlawful use of bogus chips or gaming billets,
marked cards, dice, cheating devices, unlawful coins);

����� P.L.1977,
c.110, s.115 (C.5:12-115) (cheating games and devices in a licensed casino); or

����� P.L.1977,
c.110, s.116 (C.5:12-116) (unlawful possession of device, equipment or other
material illegally manufactured, distributed, sold or delivered); or

����� (3)
Any other offense under present New Jersey or federal law which indicates that
licensure of the applicant would be inimical to the policy of this act and to
casino operations; provided, however, that the automatic disqualification
provisions of this subsection shall not apply with regard to any conviction
which did not occur within the 10-year period immediately preceding application
for licensure and which the applicant demonstrates by clear and convincing
evidence does not justify automatic disqualification pursuant to this
subsection and any conviction which has been the subject of a judicial order of
expungement or sealing;

����� d.�� Current
prosecution or pending charges in any jurisdiction of the applicant or of any
person who is required to be qualified under this act as a condition of a
casino license, for any of the offenses enumerated in subsection c. of this
section; provided, however, that at the request of the applicant or the person
charged, the commission shall defer decision upon such application during the
pendency of such charge;

����� e.�� The
pursuit by the applicant or any person who is required to be qualified under
this act as a condition of a casino license of economic gain in an occupational
manner or context which is in violation of the criminal or civil public
policies of this State, if such pursuit creates a reasonable belief that the
participation of such person in casino operations would be inimical to the
policies of this act or to legalized gaming in this State.� For purposes of
this section, occupational manner or context shall be defined as the systematic
planning, administration, management, or execution of an activity for financial
gain;

����� f.��� The
identification of the applicant or any person who is required to be qualified
under this act as a condition of a casino license as a career offender or a
member of a career offender cartel or an associate of a career offender or
career offender cartel in such a manner which creates a reasonable belief that
the association is of such a nature as to be inimical to the policy of this act
and to gaming operations.� For purposes of this section, career offender shall
be defined as any person whose behavior is pursued in an occupational manner or
context for the purpose of economic gain, utilizing such methods as are deemed
criminal violations of the public policy of this State.� A career offender
cartel shall be defined as any group of persons who operate together as career
offenders;

����� g.�� The
commission by the applicant or any person who is required to be qualified under
this act as a condition of a casino license of any act or acts which would
constitute any offense under subsection c. of this section, even if such
conduct has not been or may not be prosecuted under the criminal laws of this
State or any other jurisdiction or has been prosecuted under the criminal laws
of this State or any other jurisdiction and such prosecution has been
terminated in a manner other than with a conviction;

����� h.�� Contumacious
defiance by the applicant or any person who is required to be qualified under
this act of any legislative investigatory body or other official investigatory
body of any state or of the United States when such body is engaged in the
investigation of crimes relating to gaming, official corruption, or organized
crime activity; and

����� i.��� Failure
by the applicant or any person required to be qualified under this act as a
condition of a casino license to (i) make required payments in accordance with
a child support order; (ii) repay an overpayment for food stamp benefits or low
income home energy assistance benefits incurred as a former recipient of
Capital Aid to Families with Dependent Children or Work First New Jersey; or
(iii) repay any other debt owed to the State; unless such applicant provides
proof to the director�s satisfaction of payment of or arrangement to pay

any
such debts prior to licensure.

(cf:
P.L.2011, c.19, s.52)

����� 34.
�Section 1 of P.L.1995, c.55 (C.9:2-4.1) is amended to read as follows:

����� 1.
�a. �Notwithstanding any provision of law to the contrary, a person convicted
of sexual assault under N.J.S.2C:14-2 shall not be awarded the custody of or
visitation rights to any minor child, including a minor child who was born as a
result of or was the victim of the sexual assault, except upon a showing by
clear and convincing evidence that it is in the best interest of the child for
custody or visitation rights to be awarded.�� However, a court that awards such
custody or visitation rights to a person convicted of sexual assault under
N.J.S.2C:14-2 shall stay enforcement of the order or judgment for at least 10
days in order to permit the appeal of the order or judgment and application for
a stay in accordance with the Rules of Court.

����� b.�� Notwithstanding
any provision of law to the contrary, a person convicted of sexual contact
under N.J.S.2C:14-3
,

[
or
]
endangering the welfare of a child under
N.J.S.2C:24-4
, or child sexual abuse or exploitation material under section
1 of P.L.���� , c.����� (C.���� ) (pending before the Legislature as this bill)

shall not be awarded the custody of or visitation rights to any minor child,
except upon a showing by clear and convincing evidence that it is in the best
interest of the child for such custody or visitation rights to be awarded.�
However, a court that awards such custody or visitation rights to a person convicted
of sexual contact under N.J.S.2C:14-3
,

[
or
]
endangering
the welfare of a child under N.J.S.2C:24-4
, or child sexual abuse or
exploitation material under section 1 of P.L.���� , c.����� (C.���� ) (pending
before the Legislature as this bill)
shall stay enforcement of the order or
judgment for at least 10 days in order to permit the appeal of the order or
judgment and application for a stay in accordance with the Rules of Court.

����� c.�� A
denial of custody or visitation under this section shall not by itself
terminate the parental rights of the person denied visitation or custody, nor
shall it affect the obligation of the person to support the minor child.

����� d.�� In
any proceeding for establishment or enforcement of such an obligation of
support the victim shall not be required to appear in the presence of the
obligor and the victim�s and child�s whereabouts shall be kept confidential.

(cf:
P.L.1999, c.424, s.1)

���� 35. Section 4 of P.L.2008,
c.114 (C.9:3-40.5) is amended to read as follows:

���� 4.��� Except as provided in
subsection d. of this section, a current staff member or an applicant for
employment shall be disqualified from employment at an approved agency if the
criminal history record background check of the staff member or applicant
reveals a record of conviction for any of the following crimes and offenses:

���� a.���� In New Jersey, any
crime or disorderly persons offense as follows:

���� (1)�� a crime against a child,
including endangering the welfare of a child
[
and
any crime involving child sexual abuse or exploitation material
]
pursuant to
N.J.S.2C:24-4
or child sexual abuse or exploitation material pursuant to
section 1 of P.L.���� , c.����� (C.���� ) (pending before the Legislature as
this bill)
;

���� (2)�� abuse, abandonment, or
neglect of a child pursuant to R.S.9:6-3;

���� (3)�� endangering the welfare
of an incompetent person pursuant to N.J.S.2C:24-7;

���� (4)�� sexual assault, criminal
sexual contact, or lewdness pursuant to N.J.S.2C:14-2 through 2C:14-4;

���� (5)�� murder pursuant to
N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;

���� (6)�� stalking pursuant to
section 1 of P.L.1992, c.209 (C.2C:12-10);

���� (7)�� kidnapping and related
offenses including criminal restraint, false imprisonment, interference with
custody, criminal coercion, or enticing a child into a motor vehicle,
structure, or isolated area pursuant to N.J.S.2C:13-1 through 2C:13-5 and
section 1 of P.L.1993, c.291 (C.2C:13-6);

���� (8)�� arson pursuant to
N.J.S.2C:17-1 or causing or risking widespread injury or damage, which would
constitute a crime of the second degree pursuant to N.J.S.2C:17-2;

���� (9)�� aggravated assault,
which would constitute a crime of the second or third degree pursuant to
subsection b. of N.J.S.2C:12-1;

���� (10) robbery, which would
constitute a crime of the first degree pursuant to N.J.S.2C:15-1;

���� (11) burglary, which would
constitute a crime of the second degree pursuant to N.J.S.2C:18-2;

���� (12) domestic violence
pursuant to P.L.1991, c.261 (C.2C:25-17 et al.);

���� (13) terroristic threats
pursuant to N.J.S.2C:12-3; or

���� (14) an attempt or conspiracy
to commit any of the crimes or offenses listed in paragraphs (1) through (13)
of this subsection.

���� b.��� In any other state or
jurisdiction, of conduct which, if committed in New Jersey, would constitute
any of the crimes or disorderly persons offenses described in subsection a. of
this section.

���� c.���� Notwithstanding the
provisions of this section to the contrary, a staff member shall not be
disqualified from employment at an approved agency under this act on the basis
of any conviction disclosed by a criminal history record background check
performed pursuant to this act without an opportunity to challenge the accuracy
of the disqualifying criminal history record pursuant to the provisions of
section 7 of P.L.2003, c.186 (C.53:1-20.9d).

���� d.��� If a staff member is
convicted of a crime specified in subsection a. of this section, the staff
member shall be terminated from employment at the agency, except that the
department may approve the staff member's employment at the agency if all of
the following conditions are met:

���� (1)�� the department
determines that the crime does not relate adversely to the position the staff
member is employed in pursuant to the provisions of P.L.1968, c.282
(C.2A:168A-1 et seq.);

���� (2)�� the conviction is not
related to a crime committed against a child, as specified in subsection a. of
this section;

���� (3)�� the agency documents
that the staff member's employment at the agency does not create a risk to the
safety or well-being of children due to the nature and requirements of the
position; as necessary, the agency shall identify restrictions regarding the staff
member's contact with, care, or supervision of children;

���� (4)�� the agency documents
that the staff member is uniquely qualified for the position due to specific
skills, qualifications, characteristics, or prior employment experiences; and

���� (5)�� the department
determines that the staff member has affirmatively demonstrated rehabilitation,
pursuant to the factors specified in subsection b. of section 5 of this act.

(cf: P.L.2024, c.92, s.10)

���� 36. �Section 2 of P.L.1997,
c.175 (C.9:6-8.84) is amended to read as follows:

���� 2.��� As used in this act:

���� �Board� means the Child
Fatality and Near Fatality Review Board established under P.L.1997, c.175
(C.9:6-8.83 et al.).

���� �Child� means any person under
the age of 18.

���� �Commissioner� means the
Commissioner of Children and Families.

���� �Division� means the Division
of Child Protection and Permanency in the Department of Children and Families.

���� �Near fatality� means a case
in which a child is in serious or critical condition, as certified by a
physician.

���� �Panel� means a citizen review
panel as established under P.L.1997, c.175 (C.9:6-8.83 et al.).

���� �Parent or guardian� means a
person defined pursuant to section 1 of P.L.1974, c.119 (C.9:6-8.21) who has
the responsibility for the care, custody, or control of a child or upon whom
there is a legal duty for such care.

���� �Reasonable efforts� means
attempts by an agency authorized by the Division of Child Protection and
Permanency to assist the parents in remedying the circumstances and conditions
that led to the placement of the child and in reinforcing the family structure,
as defined in section 7 of P.L.1991, c.275 (C.30:4C-15.1).

���� �Sexual abuse� means contacts
or actions between a child and a parent or caretaker for the purpose of sexual
stimulation of either that person or another person.� Sexual abuse includes:

���� a.���� the employment, use,
persuasion, inducement, enticement, or coercion of any child to engage in, or
assist any other person to engage in, any sexually explicit conduct or
simulation of such conduct;

���� b.��� sexual conduct including
molestation, prostitution, other forms of sexual exploitation of children, or
incest; or

���� c.���� sexual penetration and
sexual contact as defined in N.J.S.2C:14-1 and a prohibited sexual act as
defined in
[
N.J.S.2C:24-4
]

section 1
of P.L.���� , c.����� (C.���� ) (pending before the Legislature as this bill)
.

���� �Significant bodily injury�
means a temporary loss of the functioning of any bodily member or organ or
temporary loss of any one of the five senses.

���� �Withholding of medically
indicated treatment� means the failure to respond to a child�s life-threatening
conditions by providing treatment, including appropriate nutrition, hydration,
and medication which, in the treating physician�s reasonable judgment, will
most likely be effective in ameliorating or correcting all such conditions.�
The term does not include the failure to provide treatment, other than
appropriate nutrition, hydration, or medication to a child when, in the
treating physician�s reasonable medical judgment:

���� a.���� the child is
chronically and irreversibly comatose;

���� b.��� the provision of such
treatment would merely prolong dying, not be effective in ameliorating or
correcting all of the child�s life-threatening conditions, or otherwise be
futile in terms of the survival of the child; or

���� c.���� the provision of such
treatment would be virtually futile in terms of the survival of the child and
the treatment itself under such circumstances would be inhumane.

(cf: P.L.2012, c.16, s.38)

���� 37. Section 1 of P.L.1986,
c.27 (C.9:6A-10) is amended to read as follows:

���� For the purposes of this act:

���� a. ��Child� means a person
under 18 years of age.

���� b. ��Child abuse� means abuse,
abandonment, cruelty or neglect of a child as defined in R.S. 9:6-1,
endangering the welfare of a child as defined in N.J.S. 2C:24-4
, child
sexual abuse or exploitation material as defined under section 1 of P.L.���� ,
c.����� (C. ) (pending before the Legislature as
this bill),
or any sexual offense as defined in chapter 14 of Title 2C of
the New Jersey Statutes which is committed against a child.

(cf: P.L.1986, c.27, s.1)

���� 38. �Section 1 of P.L.1986,
c.116 (C.18A:6-7.1) is amended to read as follows:

���� 1.��� A facility, center,
school, or school system under the supervision of the Department of Education
and board of education which cares for, or is involved in the education of
children under the age of 18 shall not employ for pay or contract for the paid
services of any teaching staff member or substitute teacher, teacher aide,
child study team member, school physician, school nurse, custodian, school
maintenance worker, cafeteria worker, school law enforcement officer, school
secretary or clerical worker or any other person serving in a position which
involves regular contact with pupils unless the employer has first determined
consistent with the requirements and standards of this act, that no criminal
history record information exists on file in the Federal Bureau of
Investigation, Identification Division, or the State Bureau of Identification
which would disqualify that individual from being employed or utilized in such
capacity or position.� An individual employed by a board of education or a
school bus contractor holding a contract with a board of education, in the
capacity of a school bus driver, shall be required to meet the criminal history
record requirements pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1).�
A facility, center, school, or school system under the supervision of the
Department of Education and board of education which cares for, or is involved
in the education of children under the age of 18 may require criminal history
record checks for individuals who, on an unpaid voluntary basis, provide
services that involve regular contact with pupils.� In the case of school
districts involved in a sending-receiving relationship, the decision to require
criminal history record checks for volunteers shall be made jointly by the
boards of education of the sending and receiving districts.

���� An individual, except as
provided in subsection g. of this section, shall be permanently disqualified
from employment or service under this act if the individual�s criminal history
record check reveals a record of conviction for any crime of the first or
second degree; or

���� a.���� An offense as set forth
in chapter 14 of Title 2C of the New Jersey Statutes, or as set forth in
N.J.S.2C:24-4 and
N.J.S.
2C:24-7, or as set forth in R.S.9:6-1 et seq.,
or as set forth in N.J.S.2C:29-2
, or as set forth in section 1 of P.L.���� ,
c.����� (C.���� ) (pending before the Legislature as this bill)
; or

���� b.��� An offense involving the
manufacture, transportation, sale, possession, distribution or habitual use of
a �controlled dangerous substance� as defined in the �Comprehensive Drug Reform
Act of 1987,� N.J.S.2C:35-1 et al. or �drug paraphernalia� as defined pursuant
to N.J.S.2C:36-1 et seq.; or

���� c. �(1) �A crime involving the
use of force or the threat of force to or upon a person or property including,
but not limited to, robbery, aggravated assault, stalking, kidnapping, arson,
manslaughter and murder; or

���� (2)�� A crime as set forth in
chapter 39 of Title 2C of the New Jersey Statutes, a third degree crime as set
forth in chapter 20 of Title 2C of the New Jersey Statutes, or a crime as
listed below:

���� Recklessly endangering another
person���� N.J.S.2C:12-2

���� Terroristic
threats������������������������������������� N.J.S.2C:12-3

���� Criminal
restraint������������������������������������� N.J.S.2C:13-2

���� Luring, enticing child into
motor

���� vehicle, structure or isolated
area����� P.L.1993, c.291 (C.2C:13-6)

���� Causing or risking widespread
injury

���� or
damage�������������������������������������������������� N.J.S.2C:17-2

���� Criminal
mischief�������������������������������������� N.J.S.2C:17-3

���� Burglary�����������������������������������������������������
N.J.S.2C:18-2

���� Usury����������������������������������������������������������
N.J.S.2C:21-19

���� Threats and other improper
influence��������� N.J.S.2C:27-3

���� Perjury and false
swearing�������������������������� N.J.S.2C:28-3

���� Resisting
arrest�������������������������������������������� N.J.S.2C:29-2

���� Escape���������������������������������������������������������
N.J.S.2C:29-5

���� Bias
intimidation����������������������������������������� N.J.S.2C:16-1;

���� or

���� (3)�� Any crime of the fourth
degree involving a victim who is a minor; or

���� (4)�� Conspiracy to commit or
an attempt to commit any of the crimes described in this act.

���� d.��� For the purposes of this
section, a conviction exists if the individual has at any time been convicted
under the laws of this State or under any similar statutes of the United States
or any other state for a substantially equivalent crime or other offense.

���� e.���� Notwithstanding the
provisions of this section, an individual shall not be disqualified from
employment or service under this act on the basis of any conviction disclosed
by a criminal record check performed pursuant to this act without an
opportunity to challenge the accuracy of the disqualifying criminal history
record.

���� f.���� When charges are
pending for a crime or any other offense enumerated in this section, the
employing board of education shall be notified that the candidate shall not be
eligible for employment until the commissioner has made a determination
regarding qualification or disqualification upon adjudication of the pending
charges.

���� g.��� This section shall first
apply to criminal history record checks conducted on or after the effective
date of P.L.1998, c.31 (C.18A:6-7.1c et al.); except that in the case of an
individual employed by a board of education or a contracted service provider who
is required to undergo a check upon employment with another board of education
or contracted service provider, the individual shall be disqualified only for
the following offenses:

���� (1)�� any offense enumerated
in this section prior to the effective date of P.L.1998, c.31 (C.18A:6-7.1c et
al.); and

���� (2)�� any offense enumerated
in this section which had not been enumerated in this section prior to the
effective date of P.L.1998, c.31 (C.18A:6-7.1c et al.), if the person was
convicted of that offense on or after the effective date of that act.

(cf: P.L.2011, c.72, s.9)

���� 39. �N.J.S.18A:12-1 is amended
to read as follows:

���� 18A:12-1. Each member of any
board of education shall be a citizen and resident of the district, or of such
constituent district of a consolidated or regional district as may be required
by law, and shall have been such for at least one year immediately preceding
his appointment or election, he shall be able to read and write, shall be
registered to vote in the district, and, notwithstanding the provisions of
N.J.S.2C:51-1 or any other law to the contrary, he is not disqualified as a
voter pursuant to R.S.19:4-1 and has not been convicted of:

���� any crime of the first or
second degree;

���� an offense as set forth in
chapter 14 of Title 2C of the New Jersey Statutes, or as set forth in
N.J.S.2C:24-4 and
N.J.S.
2C:24-7, or as set forth in R.S.9:6-1 et seq.,
or as set forth in N.J.S.2C:29-2
, or as set forth in section 1 of P.L.���� ,
c.����� (C.���� ) (pending before the Legislature as this bill)
;

���� an offense involving the
manufacture, transportation, sale, possession, distribution or habitual use of
a �controlled dangerous substance� as defined in the �Comprehensive Drug Reform
Act of 1987,� N.J.S.2C:35-1 et al. or �drug paraphernalia� as defined pursuant
to N.J.S.2C:36-1 et seq.;

���� a crime involving the use of
force or the threat of force to or upon a person or property including, but not
limited to, robbery, aggravated assault, stalking, kidnapping, arson,
manslaughter and murder;

���� a crime as set forth in
chapter 39 of Title 2C of the New Jersey Statutes, a third degree crime as set
forth in chapter 20 of Title 2C of the New Jersey Statutes, or a crime as
listed below:

Recklessly endangering another
person������ N.J.S.2C:12-2

Terroristic threats������������������������������������������ N.J.S.2C:12-3

Criminal restraint������������������������������������������ N.J.S.2C:13-2

Luring, enticing child into motor
vehicle,

structure or isolated area������������������ P.L.1993,
c.291 (C.2C:13-6)

Causing or risking widespread
injury

or damage������������������������������������������������������ N.J.S.2C:17-2

Criminal mischief������������������������������������������ N.J.S.2C:17-3

Burglary��������������������������������������������������������� N.J.S.2C:18-2

Usury������������������������������������������������������������� N.J.S.2C:21-19

Threats and other improper
influence���������� N.J.S.2C:27-3

Perjury and false swearing���������������������������� N.J.S.2C:28-3

Resisting arrest���������������������������������������������� N.J.S.2C:29-2

Escape������������������������������������������������������������ N.J.S.2C:29-5

Bias intimidation������������������������������������������� N.J.S.2C:16-1;

���� any crime of the fourth degree
involving a victim who is a minor; or

���� conspiracy to commit or an
attempt to commit any of the aforesaid crimes.

���� For the purposes of this
section, a conviction exists if the individual has been convicted, at any time,
under the laws of this State or under any similar statutes of the United States
or any other state for a substantially equivalent crime or other offense.

(cf: P.L.2011, c.72, s.1)

���� 40. �Section 2 of P.L.1988,
c.45 (C.30:4-3.5) is amended to read as follows:

���� 2. �a. �A facility shall not
employ any individual unless the Commissioner of Human Services has first
determined, consistent with the requirements and standards of this act, that no
criminal history record information exists on file in the Federal Bureau of Investigation,
Identification Division, or in the State Bureau of Identification in the
Division of State Police, which would disqualify that individual from being
employed at the facility.� A criminal history record background check shall be
conducted at least once every two years for an individual employed at the
facility.� An individual shall be disqualified from employment under this act
if that individual�s criminal history record background check reveals a record
of conviction of any of the following crimes and offenses:�

���� (1)�� In New Jersey, any crime
or disorderly persons offense:

���� (a)�� Involving danger to the
person, meaning those crimes and disorderly persons offenses set forth in
N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq.,
N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.; or�

���� (b)�� Against the family,
children or incompetents, meaning those crimes and disorderly persons offenses
set forth in N.J.S.2C:24-1 et seq.; or�

���� (2)�� In any other state or
jurisdiction, of conduct which, if committed in New Jersey, would constitute
any of the crimes or disorderly persons offenses described in paragraph (1) of
this subsection.�

���� b.��� Notwithstanding the
provisions of subsection a. of this section, no individual shall be
disqualified from employment under this act on the basis of any conviction
disclosed by a criminal history record background check performed pursuant to
this act if the individual has affirmatively demonstrated to the Commissioner
of Human Services clear and convincing evidence of his rehabilitation.� In
determining whether an individual has affirmatively demonstrated
rehabilitation, the following factors shall be considered:�

���� (1)�� The nature and
responsibility of the position which the convicted individual would hold;�

���� (2)�� The nature and
seriousness of the offense;

���� (3)�� The circumstances under
which the offense occurred;

���� (4)�� The date of the offense;

���� (5)�� The age of the
individual when the offense was committed;

���� (6)�� Whether the offense was
an isolated or repeated incident;

���� (7)�� Any social conditions
which may have contributed to the offense; and

���� (8)�� Any evidence of
rehabilitation, including good conduct in prison or in the community,
counseling or psychiatric treatment received, acquisition of additional
academic or vocational schooling, successful participation in correctional
work-release programs, or the recommendation of persons who have had the
individual under their supervision.�

���� c.���� If a prospective
employee of a facility refuses to consent to, or cooperate in, the securing of
a criminal history record background check, the commissioner shall direct the
principal administrator not to consider the person for employment at the
facility.� The prospective employee shall, however, retain any available right
of review by the Civil Service Commission in the Department of Labor and
Workforce Development.�

���� d.��� If a current employee of
a facility refuses to consent to, or cooperate in, the securing of a criminal
history record background check, the commissioner shall direct the principal
administrator to immediately remove the person from his position at the facility
and to terminate the person's employment at the facility.� The employee shall,
however, retain any available right of review by the Civil Service Commission
in the Department of Labor and Workforce Development.�

���� e.���� Notwithstanding the
provisions of subsection a. of this section to the contrary, a facility may
provisionally employ an individual for a period not to exceed six months if
that individual�s State Bureau of Identification criminal history record
background check does not contain any information that would disqualify the
individual from employment at the facility and if the individual submits to the
commissioner a sworn statement attesting that the individual has not been
convicted of any crime or disorderly persons offense as described in this act,
pending a determination that no criminal history record background information
which would disqualify the individual exists on file in the Federal Bureau of
Investigation, Identification Division.� An individual who is provisionally
employed pursuant to this subsection shall perform his duties at the facility
under the direct supervision of a superior who acts in a supervisory capacity
over that individual until the determination concerning the federal information
is complete.�

���� f.���� A conviction of a crime
or disorderly persons offense against children as set forth in N.J.S.2C:24-4
or
section 1 of P.L.���� , c.����� (C.���� ) (pending before the Legislature as
this bill)
adversely relates to a position in a facility that involves or
would involve working directly with a person under 18 years of age.�
Individuals convicted of such crimes or disorderly persons offenses are
permanently disqualified from such employment at a facility.

(cf: P.L.2009, c.254, s.1)

����� 41.
�Section 1 of P.L.1998, c.68 (C.30:4-91.8) is amended to read as follows:

����� 1.
�a. �Whenever an inmate who has been convicted of murder; manslaughter;
vehicular homicide; aggravated sexual assault; sexual assault; aggravated
assault; aggravated criminal sexual contact; robbery; kidnapping pursuant to
paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a
child by engaging in sexual conduct which would impair or debauch the morals of
the child pursuant to
[
subsection a.
of
]

N.J.S.2C:24-4;
[
endangering
the welfare of a child pursuant to paragraph (4) of subsection b. of
N.J.S.2C:24-4
]

child
sexual abuse or exploitation material pursuant to subsection c. of section 1 of
P.L. , c.
(C. ) (pending before the
Legislature as this bill)
; luring or enticing pursuant to section 1 of
P.L.1993, c.291 (C.2C:13-6); or any crime of the first or second degree
involving serious bodily injury is subject to a review by an Institutional
Classification Committee which may result in participation in any residential
community release program, the Department of Corrections shall provide written
notice of that review in accordance with the provisions of subsection b. of
this section.

����� b.
�(1) �Upon the scheduling of a review subject to the notification requirement
of this section, the Department of Corrections shall so notify the prosecutor
of the county in which the inmate was convicted or, if the matter was
prosecuted by the Attorney General, the Attorney General.

����� Upon
receipt of such notice, the county prosecutor or Attorney General, as the case
may be, shall have 10 working days in which to submit comments.� If the county
prosecutor or Attorney General does not provide comments within those 10
working days, the Department of Corrections may presume that the prosecutor or
Attorney General, as the case may be, does not wish to submit any comments on
the matter.� The notice shall include the inmate�s name, identifying factors
and offense history.

����� (2)� Immediately
upon receipt of such notice, the county prosecutor or Attorney General in
accordance with the provisions of paragraph (1) of this subsection shall notify
the Office of Victim and Witness Advocacy of the county in which the inmate was
convicted and that office shall use any reasonable means available to it to
give notice within 10 working days to the victim of the crime or the victim�s
nearest relative if the crime resulted in death.

����� The
notice required under this paragraph shall be given only if a request for such
notification has been made by the victim or the victim�s nearest relative, as
the case may be, to the county prosecutor or Attorney General, as the case may
be, at the time the inmate was sentenced.

����� Upon
receipt of such notice, the victim or the victim�s nearest relative, as the
case may be, shall have 10 working days in which to submit comments.� If the
victim or the victim�s nearest relative, as the case may be, does not provide
comments within those 10 working days, the Department of Corrections may
presume that the victim or victim�s nearest relative, as the case may be, does
not wish to submit any comments on the matter.

����� (3)� Any
comments provided pursuant to paragraph (1) or (2) of this subsection shall be
in writing and shall be delivered to the Department of Corrections.

����� Comments
submitted pursuant to this subsection shall be deemed confidential and shall
not be disclosed to any person who is not authorized to receive or review them.

����� c.�� Whenever
the Department of Corrections receives comments from a prosecutor or the
Attorney General, as the case may be, or from a victim or a victim�s nearest
relative, as the case may be, concerning the participation of an inmate in
accordance with this act, it shall give all due consideration to the
information contained in those comments when considering the participation of
that inmate.

����� d.�� The
Commissioner of Corrections, in accordance with the provisions of the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), may
promulgate rules and regulations to effectuate the provisions of this act.

(cf:
P.L.1998, c.68, s.1)

���� 42. �Section 1 of P.L.1999,
c.243 (C.30:4-91.9) is amended to read as follows:

���� 1.��� As used in this act:

���� �Eligible inmate� means an
inmate who (1) was not convicted of a sexual offense as defined in this section
or an arson offense, (2) does not demonstrate an undue risk to public safety
and (3) has less than one year remaining to be served before the inmate�s
parole eligibility date, provided, however, that an eligible inmate may include
an inmate who is otherwise eligible but who has more than one year but less
than 18 months remaining to be served before the inmate�s parole eligibility
date and is determined by the Commissioner of Corrections or a designee to be
appropriate to be authorized for confinement in a private facility; and further
provided, however, that an eligible inmate may include an inmate who is
otherwise eligible but who has more than one year but less than two years
remaining to be served before the inmate�s parole eligibility date and is
determined by the Commissioner of Corrections or a designee to be appropriate
to be authorized for confinement in a private facility for participation in a
substance use disorder treatment program.

���� �Private facility� means a
residential center, operated by a private nonprofit entity, contracted by the
Department of Corrections to provide for the care, custody, subsistence,
treatment, education, training or welfare of inmates sentenced to the custody
of the Commissioner of Corrections.

���� �Sexual offense� means a
violation of
N.J.S.
2C:14-2,
N.J.S.
2C:14-3
,

[
or
]

N.J.S.
2C:24-4,

or section 1 of P.L.���� , c.����� (C.���� ) (pending before the Legislature
as this bill)
, or of any other substantially equivalent provision contained
in Title 2A of the New Jersey Statutes now repealed, conspiracy to commit any
of these offenses or an attempt to commit any of these offenses.

(cf: P.L.2023, c.177, s.94)

���� 43. �Section 1 of P.L.1994,
c.135 (C.30:4-123.53a) is amended to read as follows:

���� 1. �a. �As used in this act:
�Prosecutor� means the county prosecutor of the county in which the defendant
was convicted unless the matter was prosecuted by the Attorney General, in
which case �prosecutor� means the Attorney General.�

���� �Office of Victim Witness
Advocacy� means the Office of Victim Witness Advocacy of the county in which
the defendant was convicted.�

���� b.��� Notwithstanding any
other provision of law to the contrary, the State shall provide written notice
to the prosecutor of the anticipated release from incarceration in a county or
State penal institution or the Adult Diagnostic and Treatment Center of a person
convicted of murder; manslaughter; aggravated sexual assault; sexual assault;
aggravated assault; aggravated criminal sexual contact; kidnapping pursuant to
paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a
child by engaging in sexual conduct which would impair or debauch the morals of
the child pursuant to
[
subsection
a. of
]

N.J.S.2C:24-4;
[
endangering
the welfare of a child pursuant to paragraph (4) of subsection b. of
N.J.S.2C:24-4
]

child sexual abuse or exploitation material pursuant to subsection c. of
section 1 of P.L. , c.����� (C.���� ) (pending
before the Legislature as this bill)
; luring or enticing pursuant to
section 1 of P.L.1993, c.291 (C.2C:13-6); any other offense involving serious
bodily injury or an attempt to commit any of the aforementioned offenses.� In
cases involving a release on parole, the State Parole Board shall provide the
notice required by this subsection.� In all other cases, including but not
limited to release upon expiration of sentence or release from incarceration
due to a change in sentence, the Department of Corrections shall provide the
notice required by this subsection.�

���� c.���� (Deleted by amendment,
P.L.2019, c.363)�

���� d.��� If available, the notice
shall be provided to the prosecutor 90 days before the inmate�s anticipated
release; provided however, the notice shall be provided at least 30 days before
release.� The notice shall include the person�s name, identifying factors,
offense history, and anticipated future residence.� The prosecutor shall notify
the Office of Victim Witness Advocacy and that office shall use any reasonable
means available to them to notify the victim of the anticipated release, unless
the victim has requested not to be notified.� The Office of Victim Witness
Advocacy shall use any reasonable means available to also notify witnesses and
other appropriate persons, as determined by the prosecutor in accordance with
the directive issued by the Attorney General, who have requested notification
of the anticipated release.�

���� e.���� Upon receipt of notice,
the prosecutor shall provide notice to the law enforcement agency responsible
for the municipality where the inmate will reside, the municipality in which
any victim resides, and such other State and local law enforcement agencies as
appropriate for public safety.

(cf: P.L.2019, c.363, s.11)

���� 44. �Section 10 of P.L.1979,
c.441 (C.30:4-123.54) is amended to read as follows:

���� 10. �a. �At least 120 days but
not more than 180 days prior to the parole eligibility date of each adult
inmate, a report concerning the inmate shall be filed with the appropriate
board panel, by the staff members designated by the superintendent or other
chief executive officer of the institution in which the inmate is held.

���� b. �(1) �The report filed
pursuant to subsection a. shall contain preincarceration records of the inmate,
including any history of civil commitment, any disposition which arose out of
any charges suspended pursuant to N.J.S.2C:4-6 including records of the disposition
of those charges and any acquittals by reason of insanity pursuant to
N.J.S.2C:4-1, state the conduct of the inmate during the current period of
confinement, include a complete report on the inmate�s social and physical
condition, include an investigation by the Division of Parole of the inmate�s
parole plans, and present information bearing upon the likelihood that the
inmate will commit a crime under the laws of this State if released on parole.�
The report shall also include a complete psychological evaluation of the inmate
in any case in which the inmate was convicted of a first or second degree crime
involving violence and:

���� (a)�� the inmate has a prior
acquittal by reason of insanity pursuant to N.J.S.2C:4-1 or had charges
suspended pursuant to N.J.S.2C:4-6; or

���� (b)�� the inmate has a prior
conviction for murder pursuant to N.J.S.2C:11-3, aggravated sexual assault or
sexual assault pursuant to N.J.S.2C:14-2, kidnapping pursuant to N.J.S.2C:13-1,
endangering the welfare of a child which would constitute a crime of the second
degree pursuant to N.J.S.2C:24-4
, child sexual abuse or exploitation
material under section 1 of P.L.���� , c.����� (C.���� ) (pending before the
Legislature as this bill) which would constitute a crime of the second degree
,
or stalking which would constitute a crime of the third degree pursuant to
P.L.1992, c.209 (C.2C:12-10); or

���� (c)�� the inmate has a prior
diagnosis of psychosis.

���� The inmate shall disclose any
information concerning any history of civil commitment.

���� The preincarceration records
of the inmate contained in the report shall include any psychological reports
prepared in connection with any court proceedings.

���� (2)�� At the time of
sentencing, the prosecutor shall notify any victim injured as a result of a
crime of the first or second degree or the nearest relative of a murder victim
of the opportunity to present a written or videotaped statement for the parole
report to be considered at the parole hearing or to testify to the parole board
concerning his harm at the time of the parole hearing.� Each victim or relative
shall be responsible for notifying the board of his intention to submit such a
statement and to provide an appropriate mailing address.

���� The report may include a
written or videotaped statement concerning the continuing nature and extent of
any physical harm or psychological or emotional harm or trauma suffered by the
victim, the extent of any loss of earnings or ability to work suffered by the
victim and the continuing effect of the crime upon the victim�s family.� At the
time public notice is given that an inmate is being considered for parole
pursuant to this section, the board shall also notify any victim or nearest
relative who has previously contacted the board of the availability to provide
a written or videotaped statement for inclusion in the parole report or to
present testimony at the parole hearing.

���� The board shall notify the
victim or relative at the victim�s or relative�s last known mailing address.

���� (3)�� If the inmate meets the
requirements for administrative parole release pursuant to section 4 of
P.L.2019, c.364 (C.30:4-123.55d) the report shall indicate this eligibility.

���� c.���� A copy of the report
filed pursuant to subsection a. of this section, excepting those documents
which have been classified as confidential pursuant to rules and regulations of
the board or the Department of Corrections, shall be served on the inmate at the
time it is filed with the board panel.� The inmate may file with the board
panel a written statement regarding the report, but shall do so within 105 days
prior to the primary parole eligibility date.

���� d.��� Upon receipt of the
public notice pursuant to section 1 of P.L.1979, c.441 (C.30:4-123.45), a
county prosecutor, a public defender, or a private attorney of record may
request from the parole board a copy of the report on any adult inmate prepared
pursuant to subsection a. of this section, which shall be expeditiously
forwarded to the county prosecutor by the parole board by mail, courier, or
other means of delivery.� Upon receipt of the report, the prosecutor has 10
working days to review the report and notify the parole board of the
prosecutor�s comments, if any, or notify the parole board of the prosecutor�s
intent to provide comments.� If the county prosecutor does not provide comments
or notify the parole board of the prosecutor�s intent to provide comments
within the 10 working days, the parole board may presume that the prosecutor
does not wish to provide comments and may proceed with the parole
consideration.� Any comments provided by a county prosecutor shall be delivered
to the parole board by the same method by which the county prosecutor received
the report.� The confidentiality of the contents in a report which are
classified as confidential shall be maintained and shall not be disclosed to
any person who is not authorized to receive or review a copy of the report
containing the confidential information.

���� e.���� Any provision of this
section to the contrary notwithstanding, the board shall by rule or regulation
modify the scope of the required reports and time periods for rendering such
reports with reference to county penal institutions.

���� f.���� Notwithstanding any
provision of this section, the board may modify the time periods for submitting
the reports required pursuant to this section in processing an inmate whose
parole eligibility date is accelerated pursuant to section 11 of P.L.1979, c.441
(C.30:4-123.55).

(cf: P.L.2019, c.364, s.9)

���� 45. Section 1 of P.L.1985,
c.396 (C.30:4C-26.8) is amended to read as follows:

���� 1. a. A person, in addition to
meeting other requirements as may be established by the Department of Children
and Families, shall become a resource family parent or eligible to adopt a
child only upon the completion of an investigation to ascertain if there is a
State or federal record of criminal history for the prospective adoptive or
resource family parent or any other adult residing in the prospective parent's
home.� The investigation shall be conducted by the Division of State Police in
the Department of Law and Public Safety and shall include an examination of its
own files and the obtaining of a similar examination by federal authorities.

���� b.��� If the prospective
resource family parent or any adult residing in the prospective parent's home
has a record of criminal history, the Department of Children and Families shall
review the record with respect to the type and date of the criminal offense and
make a determination as to the suitability of the person to become a resource
family parent or the suitability of placing a child in that person's home, as
the case may be.

���� c.���� For the purposes of
this section, a conviction for one of the offenses enumerated in subsection d.
or e. of this section has occurred if the person has been convicted under the
laws of this State or any other state or jurisdiction for an offense that is substantially
equivalent to the offenses enumerated in these subsections.

���� d.��� A person shall be
disqualified from being a resource family parent or shall not be eligible to
adopt a child if that person or any adult residing in that person's household
ever committed a crime which resulted in a conviction for:

���� (1)�� a crime against a child,
including endangering the welfare of a child and any crime involving child
sexual abuse or exploitation material pursuant to N.J.S.2C:24-4
or section 1
of P.L.���� , c. (C. ) (pending
before the Legislature as this bill);
or child abuse, neglect, or
abandonment pursuant to R.S.9:6-3;

���� (2)�� murder pursuant to
N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;

���� (3)�� aggravated assault which
would constitute a crime of the second or third degree pursuant to subsection
b. of N.J.S.2C:12-1;

���� (4)�� stalking pursuant to
P.L.1992, c.209 (C.2C:12-10);

���� (5)�� kidnapping and related
offenses including criminal restraint; false imprisonment; interference with
custody; criminal coercion; or enticing a child into a motor vehicle,
structure, or isolated area pursuant to N.J.S.2C:13-1 through 2C:13-6;

���� (6)�� sexual assault, criminal
sexual contact, or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;

���� (7)�� robbery which would
constitute a crime of the first degree pursuant to N.J.S.2C:15-1;

���� (8)�� burglary which would
constitute a crime of the second degree pursuant to N.J.S.2C:18-2;

���� (9)�� domestic violence
pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.);

���� (10) endangering the welfare
of an incompetent person pursuant to N.J.S.2C:24-7 or endangering the welfare
of an elderly or disabled person pursuant to N.J.S.2C:24-8;

���� (11) terrorist threats
pursuant to N.J.S.2C:12-3;

���� (12) arson pursuant to
N.J.S.2C:17-1 or causing or risking widespread injury or damage, which would
constitute a crime of the second degree pursuant to N.J.S.2C:17-2; or

���� (13) an attempt or conspiracy
to commit an offense listed in paragraphs (1) through (12) of this subsection.

���� e.���� A person shall be
disqualified from being a resource family parent if that person or any adult
residing in that person's household was convicted of one of the following
crimes and the date of release from confinement occurred during the preceding
five years:

���� (1)�� simple assault pursuant
to subsection a. of N.J.S.2C:12-1;

���� (2)�� aggravated assault which
would constitute a crime of the fourth degree pursuant to subsection b. of
N.J.S.2C:12-1;

���� (3)�� a drug-related crime
pursuant to P.L.1987, c.106 (C.2C:35-1 et seq.);

���� (4)�� robbery which would
constitute a crime of the second degree pursuant to N.J.S.2C:15-1;

���� (5)�� burglary which would
constitute a crime of the third degree pursuant to N.J.S.2C:18-2; or

���� (6)�� an attempt or conspiracy
to commit an offense listed in paragraphs (1) through (5) of this subsection.

���� For the purposes of this
subsection, the "date of release from confinement" means the date of
termination of court-ordered supervision through probation, parole, or
residence in a correctional facility, whichever date occurs last.

���� For purposes of this section,
[
"
]

�
resource
family parent
[
"
]

�

means any person with whom a child in the care, custody, or guardianship of the
Department of Children and Families is placed by the department, or with its
approval, for care and shall include any person with whom a child is placed by
the Division of Child Protection and Permanency for the purpose of adoption
until the adoption is finalized.

(cf: P.L.2024, c.92, s.12)

���� 46. �Section 4 of P.L.2003,
c.186 (C.30:4C-27.19) is amended to read as follows:

���� 4.��� Except as provided in
subsection d. of this section, a current staff member or an applicant for
employment shall be permanently disqualified from employment at or
administering a facility if the criminal history record background check of the
staff member or applicant reveals a record of conviction for any of the
following crimes and offenses:

���� a.���� In New Jersey, any
crime or disorderly persons offense as follows:

���� (1)�� a crime against a child,
including endangering the welfare of a child and any crime involving child
sexual abuse or exploitation material pursuant to N.J.S.2C:24-4
or section 1
of P.L.���� , c.����� (C. ) (pending before
the Legislature as this bill)
, and child molestation as set forth in
N.J.S.2C:14-1 et seq.;

���� (2)�� abuse, abandonment, or
neglect of a child pursuant to R.S.9:6-3;

���� (3)�� endangering the welfare
of an incompetent person pursuant to N.J.S.2C:24-7;

���� (4)�� sexual assault, criminal
sexual contact, or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;

���� (5)�� murder pursuant to
N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;

���� (6)�� stalking pursuant to
section 1 of P.L.1992, c.209 (C.2C:12-10);

���� (7)�� kidnaping and related
offenses including criminal restraint, false imprisonment, interference with
custody, criminal coercion, or enticing a child into a motor vehicle,
structure, or isolated area pursuant to N.J.S.2C:13-1 through 2C:13-5 and
section 1 of P.L.1993, c.291 (C.2C:13-6);

���� (8)�� arson pursuant to
N.J.S.2C:17-1 or causing or risking widespread injury or damage, which would
constitute a crime of the second degree pursuant to N.J.S.2C:17-2;

���� (9)�� aggravated assault,
which would constitute a crime of the second or third degree pursuant to
subsection b. of N.J.S.2C:12-1;

���� (10) robbery, which would
constitute a crime of the first degree pursuant to N.J.S.2C:15-1;

���� (11)� burglary, which would
constitute a crime of the second degree pursuant to N.J.S.2C:18-2;

���� (12)� domestic violence
pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.);

���� (13)� terroristic threats
pursuant to N.J.S.2C:12-3; or

���� (14)� an attempt or conspiracy
to commit any of the crimes or offenses listed in paragraphs (1) through (13)
of this subsection.

���� b.��� In any other state or
jurisdiction, of conduct which, if committed in New Jersey, would constitute
any of the crimes or disorderly persons offenses described in subsection a. of
this section.

���� c.���� Notwithstanding the
provisions of this section to the contrary, an individual shall not be
disqualified from employment at or administering a facility under this act on
the basis of any conviction disclosed by a criminal history record background
check performed pursuant to this act without an opportunity to challenge the
accuracy of the disqualifying criminal history record pursuant to the
provisions of section 7 of this act.

���� d.��� If a staff member of a
facility is convicted of a crime specified in subsection a. of this section,
the staff member shall be terminated from employment at or administering a
facility, except that the department may approve the individual's employment at,
or administration of, the facility if all of the following conditions are met:

���� (1)�� the department
determines that the crime does not relate adversely to the position the
individual is employed in pursuant to the provisions of P.L.1968, c.282
(C.2A:168A-1 et seq.);

���� (2)�� the conviction is not
related to a crime committed against a child, as specified in subsection a. of
this section;

���� (3)�� the facility documents
that the individual's employment or administration of the facility does not
create a risk to the safety or well-being of children due to the nature and
requirements of the position; as necessary, the facility shall identify restrictions
regarding the individual's contact with, care or supervision of children;

���� (4)�� the facility documents
that the individual is uniquely qualified for the position due to specific
skills, qualifications, characteristics, or prior employment experiences; and

���� (5)�� the department
determines that the individual has affirmatively demonstrated rehabilitation,
pursuant to the factors specified in subsection b. of section 5 of this act.

(cf: P.L.2024, c.92, s.13)

���� 47. Section 5 of P.L.2000,
c.77 (C.30:5B-6.14) is amended to read as follows:

���� 5.��� a. A current staff
member and an individual seeking employment shall be permanently disqualified
from employment at, or ownership or sponsorship of, a child care center if the
staff member or individual:

���� (1)�� refuses to consent to,
or cooperate in, the securing of a criminal history record background check;

���� (2)�� knowingly makes a
materially false statement in connection with a criminal history record
background check;

���� (3)�� is registered, or is
required to be registered, on a State sex offender registry or repository or in
the National Sex Offender Registry established under the
[
"
]

�
Adam
Walsh Child Protection and Safety Act of 2006,
[
"
]

�
42
U.S.C. s.16901 et seq.; or

���� (4)�� is found by a criminal
history record background check to have a record of conviction for any of the
following crimes and offenses:

���� (a)�� a crime against a child,
including endangering the welfare of a child
[
and
any crime involving child sexual abuse or exploitation material
]
pursuant to
N.J.S.2C:24-4
, child sexual abuse or exploitation material pursuant to
section 1 of P.L.���� , c.����� (C.���� ) (pending before the Legislature as
this bill)
,
[
and
]

or

child molestation as set forth in N.J.S. 2C:14-1 et seq.;

���� (b)�� abuse, abandonment, or
neglect of a child pursuant to R.S.9:6-3;

���� (c)�� endangering the welfare
of an incompetent person pursuant to N.J.S.2C:24-7;

���� (d)�� sexual assault, criminal
sexual contact, or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;

���� (e)�� murder pursuant to
N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;

���� (f)�� stalking pursuant to
P.L.1992, c.209 (C.2C:12-10);

���� (g)�� kidnapping and related
offenses including criminal restraint; false imprisonment; interference with
custody; criminal coercion; or enticing a child into a motor vehicle,
structure, or isolated area pursuant to N.J.S.2C:13-1 through C.2C:13-6;

���� (h)�� arson pursuant to
N.J.S.2C:17-1, or causing or risking widespread injury or damage, which would
constitute a crime of the second degree pursuant to N.J.S.2C:17-2;

���� (i)��� terroristic threats
pursuant to N.J.S.2C:12-3;

���� (j)��� aggravated assault,
which would constitute a crime of the second or third degree pursuant to
subsection b. of N.J.S.2C:12-1;

���� (k)�� robbery, which would
constitute a crime of the first degree pursuant to N.J.S.2C:15-1;

���� (l)��� burglary, which would
constitute a crime of the second degree pursuant to N.J.S.2C:18-2;

���� (m)� domestic violence
pursuant to P.L.1991, c.261 (C.2C:25-17 et seq.);

���� (n)�� any drug related offense
committed within the preceding five-year period; or

���� (o)�� an attempt or conspiracy
to commit any of the crimes or offenses listed in subparagraphs (a) through (n)
of this subsection.

���� b.��� For the purposes of this
section, a person shall be deemed to have a disqualifying record of conviction
if the person has been convicted in New Jersey of any of the crimes listed in
subsection a. of this section or if the person has been convicted in any other
state or jurisdiction, of conduct which, if committed in New Jersey, would
constitute any of the crimes or disorderly persons offenses described in that
subsection.

���� c.���� Notwithstanding the
provisions of this section to the contrary, an individual shall not be
disqualified from employment, ownership, or sponsorship under P.L.2000, c.77
(C.30:5B-6.10 et al.) on the basis of any conviction disclosed by a criminal
history record background check performed pursuant to P.L.2000, c.77
(C.30:5B-6.10 et al.) without an opportunity to challenge the accuracy of the
disqualifying criminal history record pursuant to the provisions of section 8
of P.L.2000, c.77 (C.53:1-20.9b).

(cf: P.L.2024, c.92, s.14)

���� 48. Section 3 of P.L.2017,
c.89 (C.30:5B-25.7) is amended to read as follows:

���� 3. a. The department shall not
issue a certificate or renewal of registration to a prospective or current
family day care provider and shall revoke the existing registration held by a
current family day care provider, as the case may be, if the provider, or any
other relevant person listed in subsection a. of section 2 of P.L.2017, c.89
(C.30:5B-25.6):

���� (1)�� refuses to consent to,
or cooperate in, the securing of a criminal history record background check;

���� (2)�� knowingly makes a
materially false statement in connection with a criminal history record
background check;

���� (3)�� is registered, or is
required to be registered, on a State sex offender registry or repository or on
the National Sex Offender Registry established under the
[
"
]

�
Adam
Walsh Child Protection and Safety Act of 2006,
[
"
]

�
42
U.S.C. s.16901 et seq.; or

���� (4)�� is found by a criminal
history record background check to have a record of conviction for any of the
following crimes and offenses:

���� (a)�� a crime against a child,
including endangering the welfare of a child
[
and
any crime involving child sexual abuse or exploitation material
]
pursuant to
N.J.S.2C:24-4
, child sexual abuse or exploitation material pursuant to
section 1 of P.L.���� , c.����� (C.���� ) (pending before the Legislature as
this bill)

[
and
]

or

child molestation
[
as
set forth in
]

pursuant to
N.J.S.2C:14-1 et seq.;

���� (b)�� abuse, abandonment, or
neglect of a child pursuant to R.S.9:6-3;

���� (c)�� endangering the welfare
of an incompetent person pursuant to N.J.S.2C:24-7;

���� (d)�� sexual assault, criminal
sexual contact, or lewdness pursuant to N.J.S.2C:14-2 through N.J.S.2C:14-4;

���� (e)�� murder pursuant to
N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;

���� (f)�� stalking pursuant to
P.L.1992, c.209 (C.2C:12-10);

���� (g)�� kidnapping and related
offenses, including criminal restraint; false imprisonment; interference with
custody; criminal coercion; or enticing a child into a motor vehicle,
structure, or isolated area pursuant to N.J.S.2C:13-1 through C.2C:13-6;

���� (h)�� arson pursuant to
N.J.S.2C:17-1 or causing or risking widespread injury or damage, which would
constitute a crime of the second degree pursuant to N.J.S.2C:17-2;

���� (i)��� terroristic threats
pursuant to N.J.S.2C:12-3;

���� (j)��� aggravated assault,
which would constitute a crime of the second or third degree pursuant to
subsection b. of N.J.S.2C:12-1;

���� (k)�� robbery, which would
constitute a crime of the first degree pursuant to N.J.S.2C:15-1;

���� (l)��� burglary, which would
constitute a crime of the second degree pursuant to N.J.S.2C:18-2;

���� (m) domestic violence pursuant
to P.L.1991, c.261 (C.2C:25-17 et seq.);

���� (n)�� any drug related offense
committed within the preceding five-year period; or

���� (o)�� an attempt or conspiracy
to commit any of the crimes or offenses listed in paragraphs (a) through (n) of
this subsection.

���� b.��� For the purposes of this
section, a person shall be deemed to have a disqualifying record of conviction
if the person has been convicted in New Jersey of any of the crimes listed in
subsection a. of this section or if the person has been convicted in any other
state or jurisdiction, of conduct which, if committed in New Jersey, would
constitute any of the crimes or disorderly persons offenses described in that
subsection.

���� c.���� Notwithstanding the
provisions of this section to the contrary, a prospective or current provider's
application for a certificate or renewal of registration shall not be denied
under this act on the basis of any conviction disclosed by a criminal history
record background check performed pursuant to this act without an opportunity
to challenge the accuracy of the disqualifying criminal history record pursuant
to subsection c. of section 5 of P.L.2017, c.89 (C.30:5B-25.9).

(cf: P.L.2024, c.92, s.15)

���� 49. Section 2 of P.L.1999,
c.358 (C.30:6D-64) is amended to read as follows:

���� 2. a. Any community agency
under contract with or licensed by the Department of Human Services shall not
pay or contract for any employee or agency head for the provision of services
unless it has first been determined, consistent with the requirement and
standards of P.L.1999, c.358 (C.30:6D-63 et seq.), that no criminal history
record information exists on file in the Federal Bureau of Investigation,
Identification Division, or in the State Bureau of Identification in the
Division of State Police, which would disqualify the community agency head or
the community agency employees from such employment.� The determination shall
be made by the department.

���� A community care residence
shall not be qualified to house individuals unless it has first been
determined, consistent with the requirements and standards of P.L.1999, c.358
(C.30:6D-63 et seq.), that no criminal history record information exists on
file in the Federal Bureau of Investigation, Identification Division, or in the
State Bureau of Identification in the Division of State Police, which would
disqualify the community care residence applicant, community care residence
alternate, or community care residence household member.� The determination
shall be made by the department.

���� A criminal history record
background check shall be conducted at least once every two years for a
community agency head, community care residence applicant, community care
residence alternate, community care residence household member, and community
agency employees; except that the department, in lieu of conducting criminal
history record background checks every two years, may determine whether an
individual has been convicted of a crime or disorderly persons offense which
would disqualify that person by an alternative means, including, but not
limited to, a match of a person�s Social Security number or other identifying
information with records of criminal proceedings in this and other states.� If
the department elects to implement an alternative means of determining whether
an individual has been convicted of a crime or disorderly persons offense which
would disqualify that individual, the department shall report to the Governor
and the Legislature prior to its implementation on the projected costs and procedures
to be followed with respect to its implementation and setting forth the
rationale therefor.� The department shall notify the community agency or the
community care residence if an individual has been determined qualified or
disqualified as provided pursuant to P.L.1999, c.358 (C.30:6D-63 et seq.).� The
department�s determination of qualification shall not require the community
agency or community care residence to employ the individual.� The department�s
determination of disqualification shall require the community agency or
community care residence to terminate employment or not offer employment to the
individual.

���� b.��� An individual shall be
disqualified from employment under P.L.1999, c.358 (C.30:6D-63 et seq.) or the
community care residence with whom the individual is associated shall not be
qualified to house individuals who receive department services if that individual�s
criminal history record background check reveals a record of conviction of any
of the following crimes and offenses:

���� (1)�� In New Jersey, any crime
or disorderly persons offense:

���� (a)�� Involving danger to the
person, meaning those crimes and disorderly persons offenses set forth in
N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq.,
N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.; or

���� (b)�� Against the family,
children or incompetents, meaning those crimes and disorderly persons offenses
set forth in N.J.S.2C:24-1 et seq.; or

���� (c)�� A crime or offense
involving the manufacture, transportation, sale, possession, or habitual use of
a controlled dangerous substance as defined in the �New Jersey Controlled
Dangerous Substances Act,� P.L.1970, c.226 (C.24:21-1 et seq.).

���� (2)�� In any other state or
jurisdiction, of conduct which, if committed in New Jersey, would constitute
any of the crimes or disorderly persons offenses described in paragraph (1) of
this subsection.

���� c.���� If a prospective
community agency employee or community agency head refuses to consent to, or
cooperate in, securing of a criminal history record background check, the
person shall not be considered for employment.� If a prospective community care
residence applicant, alternate, or household member refuses to consent to, or
cooperate in, securing of a criminal history record background check, the
community care residence shall not be qualified to house individuals who
receive department services.�

���� d.��� If an individual who is
required pursuant to this section to undergo a criminal history record
background check refuses to consent to, or cooperate in, the securing of a
criminal history record background check, the person shall be immediately
removed from the person�s position and the person�s employment shall be
terminated or, if the individual is affiliated with a community care residence,
the community care residence shall not be qualified to house individuals who
receive department services.

���� e.���� Notwithstanding the
provisions of subsection b. of this section to the contrary, provisional
employment of an individual is authorized for a period not to exceed six months
if the individual submits to the appointing authority a sworn statement
attesting that the individual has not been convicted of any crime or disorderly
persons offense as described in this act, pending a determination that no
criminal history record background information which would disqualify the
individual exists on file in the State Bureau of Identification in the Division
of State Police or in the Federal Bureau of Investigation, Identification
Division.� An individual who is provisionally employed pursuant to this
subsection shall perform his duties under the supervision of a superior who
acts in a supervisory capacity over that individual until the determination
concerning the federal and State information is complete, where possible.�

���� A community care residence
shall not be qualified to house an individual with developmental disabilities
while a community care residence applicant, alternate, or household member�s
criminal history records background check is pending.

���� f.���� Notwithstanding the
provisions of subsection b. of this section to the contrary, no individual
shall be disqualified from employment or from being qualified as a community
care residence applicant, alternate, or household member on the basis of any
conviction disclosed by a criminal history record background check performed
pursuant to sections 2 through 7 of P.L.1999, c.358 (C.30:6D-64 through
C.30:6D-69) if the individual has affirmatively demonstrated to the department,
clear and convincing evidence of the individual�s rehabilitation.� In
determining whether an individual has affirmatively demonstrated
rehabilitation, the following factors shall be considered:

���� (1)�� the nature and
responsibility of the position which the convicted individual would hold, has
held or currently holds, as the case may be;

���� (2)�� the nature and
seriousness of the offense;

���� (3)�� the circumstances under
which the offense occurred;

���� (4)�� the date of the offense;

���� (5)�� the age of the
individual when the offense was committed;

���� (6)�� whether the offense was
an isolated or repeated incident;

���� (7)�� any social conditions
which may have contributed to the offense; and

���� (8)�� any evidence of
rehabilitation, including good conduct in prison or in the community,
counseling or psychiatric treatment received, acquisition of additional
academic or vocational schooling, successful participation in correctional
work-release programs, or the recommendation of those who have had the
individual under their supervision.

���� g.��� A conviction of a crime
or disorderly persons offense against children as set forth in N.J.S.2C:24-4
or
section 1 of P.L.���� , c.����� (C.���� ) (pending before the Legislature as
this bill)
adversely relates to a position in a community agency that
involves or would involve working directly with a person under 18 years of
age.� Individuals convicted of such crimes or disorderly persons offenses are
permanently disqualified from such employment at a community agency and from
being qualified to be a community care residence applicant, alternate, or
household member.

���� h.��� The individual shall
have no longer than 14 days from the date of the written notice of
disqualification pursuant to section 4 of P.L.1999, c. 358 (C.30:6D-66) to
provide evidence of affirmatively demonstrated rehabilitation to the department
as provided pursuant to this section.

���� i.���� The department shall
have no longer than 60 days from the date of receipt of evidence of the
individual�s affirmatively developed rehabilitation to make a determination on
the individual�s qualification.� The department shall notify the individual and
the community agency or community care residence in writing of the
determination of the individual�s qualification or disqualification no longer
than 60 days from the date of receipt of evidence of the individual�s
affirmatively developed rehabilitation.� The written notice may be transmitted
electronically if the individual authorizes the department to transmit the
information electronically.

(cf: P.L.2017, c.328, s.2)

���� 50. �Section 5 of P.L.2009,
c.325 (C.39:5G-2) is amended to read as follows:

���� 5. �a. �No person shall
operate a limousine, or any other passenger automobile, as defined in
R.S.39:1-1, provided through a company or service which pairs a passenger
automobile and a driver with a private customer to provide prearranged
passenger transportation at a premium fare on a dedicated, nonscheduled,
charter basis that is not conducted on a regular route, including, but not
limited to, the use of authorized drivers of rental vehicles to provide such
passenger transportation, in this State unless the person has a chauffeur
endorsement.� An owner of a limousine service, or any other company or service
which pairs a passenger automobile, as defined in R.S.39:1-1, and a driver with
a private customer to provide prearranged passenger transportation at a premium
fare on a dedicated, nonscheduled, charter basis that is not conducted on a
regular route, who permits the operation of a limousine, or any other passenger
automobile provided through a company or service which pairs a passenger
automobile and a driver with a private customer to provide prearranged
passenger transportation at a premium fare on a dedicated, nonscheduled,
charter basis that is not conducted on a regular route, by any person who does
not hold a chauffeur endorsement shall be subject to a penalty of $500.�

���� Actions to impose a penalty
under this subsection shall be brought, and any such penalty shall be
collected, in a summary proceeding pursuant to the �Penalty Enforcement Law of
1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).� The Superior Court or any municipal
court where the violation was detected, or where the defendant was apprehended,
shall have jurisdiction to hear any action brought for violation of this
subsection.� Penalties imposed pursuant to this subsection shall be in addition
to those otherwise imposed according to law.� All penalties collected pursuant
to the provisions of this subsection shall be forwarded as provided in
R.S.39:5-40 and subsection b. of R.S.39:5-41.� If the violation is of a
continuing nature, each day during which it continues shall constitute an
additional, separate, and distinct offense.

���� b.��� To qualify for a
chauffeur endorsement, an applicant shall provide the New Jersey Motor Vehicle
Commission (hereinafter �the commission�) with the applicant�s name, home
address, citizenship status, photographic identification, birth certificate,
and such other information as the Chief Administrator of the New Jersey Motor
Vehicle Commission (hereinafter the �chief administrator�) may require.

���� c.���� The fee for the
chauffeur endorsement shall be set by the chief administrator.

���� d.��� An applicant shall be
required to submit proof that the applicant meets the medical standards for
commercial drivers which are contained in 49 CFR 391.41.

���� e.���� An applicant shall
submit to being fingerprinted by the Division of State Police in the Department
of Law and Public Safety or by agents appointed by, or under contract to, the
division and shall also provide written consent to the performance of a criminal
history record background check unless the applicant was previously
fingerprinted and had a criminal history background check conducted as part of
an application for a Commercial Driver License or a passenger endorsement under
a Commercial Driver License or both.� The chief administrator is authorized to
exchange fingerprint data and photographic identification with and receive
criminal history record background information results from the Division of
State Police.� The division shall inform the chief administrator if an
applicant�s criminal history record background check reveals a conviction of a
disqualifying crime as specified in subsection g. of this section.� The
applicant shall bear the cost of fingerprinting and the cost for the background
checks, including all costs of administering and processing the checks.� As
used in this section, �criminal history record background check� means a
determination of whether a person has a criminal record by cross-referencing
that person�s name and fingerprint data with those on file with the State
Bureau of Identification in the Division of State Police.

���� f.���� No applicant shall be
issued a chauffeur endorsement unless the applicant is 21 years of age or
older.

���� g.��� An applicant shall be
disqualified from obtaining a chauffeur endorsement if the applicant�s criminal
history record background check reveals a record of conviction of any of the
following crimes:

���� (1)�� In New Jersey or
elsewhere any crime as follows: aggravated assault, arson, burglary, escape,
extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual
assault
,

[
or
]
endangering
the welfare of a child pursuant to N.J.S.2C:24-4,
or child sexual abuse or
exploitation material pursuant to section 1 of P.L. ,
c. (C. )
(pending before the Legislature as this bill),
whether or not armed with or
having in his possession any weapon enumerated in subsection r. of
N.J.S.2C:39-1, a crime pursuant to the provisions of N.J.S.2C:39-3,
N.J.S.2C:39-4, or N.J.S.2C:39-9, or other than a disorderly persons or petty
disorderly persons offense for the unlawful use, possession or sale of a
controlled dangerous substance as defined in N.J.S.2C:35-2.

���� (2)�� In any other state,
territory, commonwealth, or other jurisdiction of the United States, or any
country in the world, as a result of a conviction in a court of competent
jurisdiction, a crime which in that other jurisdiction or country is comparable
to one of the crimes enumerated in paragraph (1) of this subsection.

���� h.��� If an applicant who has
been convicted of one of the crimes enumerated in paragraph (1) of subsection
g. of this section can produce a certificate of rehabilitation issued pursuant
to section 2 of P.L.2007, c.327 (C.2A:168A-8) or, if the criminal offense
occurred outside New Jersey, an equivalent certificate from the jurisdiction
where the criminal offense occurred, the criminal offense will not disqualify
the applicant from obtaining a chauffeur endorsement.

���� i.���� Nothing in this section
shall be construed to require operators of taxicabs, hotel buses, buses
employed solely in transporting school children or teachers, vehicles owned and
operated directly or indirectly by businesses engaged in the practice of mortuary
science when those vehicles are used exclusively for providing transportation
related to the provision of funeral services, autobuses which are subject to
the jurisdiction of the Department of Transportation or interstate autobuses
required by federal or State law or regulations of the Department of
Transportation to carry insurance against loss from liability imposed by law on
account of bodily injury or death to obtain a chauffeur endorsement pursuant to
subsection a. of this section.

���� j.���� The chief administrator
is authorized to adopt regulations, pursuant to the �Administrative Procedure
Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this
section.

���� k.��� �Certification date�
means the date on which the chief administrator certifies to the Governor that
the Motor Vehicle Automated Transaction System (MATRX) is capable of
accommodating the new chauffeur endorsement.� The chief administrator shall
make such certification when the MATRX system can denote the existence of the
endorsement and can monitor and track the status of the endorsement on a
person�s driving record.

(cf: P.L.2009, c.325, s.5)

���� 51. �Section 20 of P.L.2017,
c.26 (C.39:5H-20) is amended to read as follows:

���� 20.� An applicant or driver
shall be prohibited from utilizing the transportation network company�s digital
network as a transportation network company driver or from providing a
prearranged ride as a transportation network company driver if:

���� a.���� The applicant or driver
has been convicted of one or more of the following crimes:

���� (1)�� In New Jersey, any crime
as follows: aggravated assault, arson, burglary, escape, extortion, homicide,
kidnapping, robbery, aggravated sexual assault, sexual assault,
[
or
]
endangering
the welfare of a child pursuant to N.J.S.2C:24-4,
or child sexual abuse or
exploitation material under section 1 of P.L.���� , c.����� (C.���� ) (pending
before the Legislature as this bill),
whether or not armed with or having
possession of any weapon enumerated in subsection r. of N.J.S.2C:39-1, human
trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or any crime
involving an act or practice of one or more of the severe forms of trafficking
in persons as described in paragraph (11) of 22 U.S.C. S.7102, the federal
�Trafficking Victims Protection Act of 2000,� a crime pursuant to the
provisions of N.J.S.2C:39-3, N.J.S.2C:39-4, or N.J.S.2C:39-9, or other than a
disorderly persons or petty disorderly persons offense for the unlawful use,
possession or sale of a controlled dangerous substance as defined in
N.J.S.2C:35-2.

���� (2)�� In any other state,
territory, commonwealth, or other jurisdiction of the United States, as a
result of a conviction in a court of competent jurisdiction, a crime which in
that other jurisdiction is comparable to one of the crimes enumerated in
paragraph (1) of this subsection.

���� If an applicant or driver who
has been convicted of one of the crimes enumerated in paragraph (1) or (2) of
this subsection produces a valid certificate of rehabilitation issued pursuant
to section 2 of P.L.2007, c.327 (C.2A:168A-8) or, if the criminal offense
occurred outside the State, an equivalent certificate from the jurisdiction
where the criminal offense occurred, the criminal offense shall not disqualify
the applicant or driver from accessing the transportation network company�s
digital network as a transportation network company driver or from providing
prearranged rides as a transportation network company driver, except that this
provision shall not apply to an applicant or driver who has been convicted of
human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8), any
crime involving an act or practice of one or more of the severe forms of
trafficking in persons as described in paragraph (11) of 22 U.S.C. S.7102, the
federal �Trafficking Victims Protection Act of 2000,� or a comparable crime in
another jurisdiction.� A transportation network company, or a third party
designated by the transportation network company, shall take reasonable
measures to confirm the validity of the certificate, such as contacting the
relevant court or government agency;

���� b.��� The applicant�s or
driver�s driving record check reveals more than three moving violations in the
prior three-year period, or one of the following violations in the prior
three-year period:

���� (1)�� driving under the
influence pursuant to R.S.39:4-50;

���� (2)�� resisting arrest;
eluding an officer pursuant to N.J.S.2C:29-2;

���� (3)�� reckless driving
pursuant to R.S.39:4-96;

���� (4)�� driving with a suspended
or revoked license pursuant to R.S.39:3-40; or

���� (5)�� a violation committed in
any other state, territory, commonwealth, or other jurisdiction of the United
States that is comparable to one of the violations enumerated in paragraph (1),
(2), (3), or (4) of this subsection;

���� c.���� The applicant or driver
is a match in the United States Department of Justice�s Dru Sjodin National Sex
Offender Public Website;

���� d.��� The applicant or driver
is not a holder of a valid basic driver�s license;

���� e.���� The applicant or driver
does not possess proof of valid vehicle registration for the driver�s personal
vehicle to be used to provide prearranged rides;

���� f.���� The applicant or driver
does not possess proof of valid automobile liability insurance for the personal
vehicle; or

���� g.��� The applicant or driver
is under 21 years of age.

(cf: P.L.2022, c.11, s.2)

���� 52. Section 5 of P.L.2021,
c.110 (C.46:8-56) is amended to read as follows:

���� 5. �a. �A housing provider
shall not, either before or after the issuance of a conditional offer, evaluate
an applicant based on any of the following types of criminal records:

���� (1) �arrests or charges that
have not resulted in a criminal conviction;

���� (2) �expunged convictions;

���� (3) �convictions erased
through executive pardon;

���� (4) �vacated and otherwise
legally nullified convictions;

���� (5) �juvenile adjudications of
delinquency; and

���� (6) records that have been
sealed.

���� b.��� After the issuance of a
conditional offer to an applicant, a housing provider may only consider a
criminal record in the applicant�s history that:

���� (1) �resulted in a conviction
for murder, aggravated sexual assault, kidnapping, arson, human trafficking,
sexual assault in violation of N.J.S.2C:14-2, causing or permitting a child to
engage in a prohibited sexual act or in the simulation of such an act in
violation of
[
paragraph
(3) of subsection b. of N.J.S.2C:24-4
]

subsection b. of section 1 of P.L.���� , c.����� (C.���� ) (pending before
the Legislature as this bill)
, or any crime that resulted in lifetime
registration in a state sex offender registry;

���� (2) �is for an indictable
offense of the first degree that was issued, or if the conviction resulted in a
prison sentence that sentence concluded, within the six years immediately
preceding the issuance of the conditional offer;

���� (3) �is for an indictable
offense of the second or third degree that was issued, or if the conviction
resulted in a prison sentence that sentence concluded, within the four years
immediately preceding the issuance of the conditional offer; or

���� (4) �is for an indictable
offense of the fourth degree that was issued, or if the conviction resulted in
a prison sentence that sentence concluded, within one year immediately
preceding the issuance of the conditional offer.

���� c. �(1) �A housing provider
may withdraw a conditional offer based on an applicant�s criminal record only
if the housing provider determines, by preponderance of the evidence, that the
withdrawal is necessary to fulfill a substantial, legitimate, and nondiscriminatory
interest.

���� (2) �If a housing provider
withdraws a conditional offer, the housing provider shall provide the applicant
with written notification that includes, with specificity, the reason or
reasons for the withdrawal of the conditional offer and an opportunity to appeal
the denial by providing evidence to the housing provider demonstrating
inaccuracies within the applicant�s criminal record or evidence of
rehabilitation or other mitigating factors.

���� (3) �The housing provider
shall perform an individualized assessment of the application in light of the
following factors:

���� (a) �the nature and severity
of the criminal offense;

���� (b) �the age of the applicant
at the time of the occurrence of the criminal offense;

���� (c) �the time which has
elapsed since the occurrence of the criminal offense;

���� (d) �any information produced
by the applicant, or produced on the applicant�s behalf, in regard to the
applicant�s rehabilitation and good conduct since the occurrence of the
criminal offense;

���� (e) �the degree to which the
criminal offense, if it reoccurred, would negatively impact the safety of the
housing provider�s other tenants or property; and

���� (f) �whether the criminal
offense occurred on or was connected to property that was rented or leased by
the applicant.

���� d. �(1) �the applicant may
request, within 30 days after the housing provider�s notice of the withdrawal,
that the housing provider afford the applicant a copy of all information that
the housing provider relied upon in considering the applicant, including criminal
records.

���� (2) �a housing provider shall
provide the information requested under paragraph (1) of this subsection, free
of charge, within l0 days after receipt of a timely request.

(cf: P.L.2021, c.110, s.5)

���� 53. �Section 8 of P.L.2021,
c.110 (C.46:8-59) is amended to read as follows:

���� 8. a. To encourage residential
landlords to provide housing opportunities to formerly incarcerated
individuals, landlords subject to the provisions of this act shall be immune
from liability in any civil action arising as a result of the landlord�s decision
to rent to individuals with a criminal record or who were otherwise convicted
of a criminal offense, or as a result of a landlord�s decision to not engage in
a criminal background screening.

���� b.��� Nothing in subsection a.
of this section shall be construed to affect in any way the immunity from
liability conferred by law upon a landlord who rents an apartment to a person
with a conviction for murder, aggravated sexual assault, kidnapping, arson, human
trafficking, sexual assault in violation of N.J.S.2C:14-2, causing or
permitting a child to engage in a prohibited sexual act or in the simulation of
such an act in violation of
[
paragraph
(3) of subsection b. of N.J.S.2C:24-4
]

subsection b. of section 1 of P.L.�� , c.����� (C.���� ) (pending before the
Legislature as this bill)
, or any crime �that �resulted �in �lifetime registration
�in a state sex offender

registry.

(cf: P.L.2021, c.110, s.8)

�����
54. Section 4 of P.L.1994, c.136 (C.53:1-20.20) is amended to read as
follows:

����� 4.
a. On or after January 1, 1995 every person convicted of aggravated sexual
assault and sexual assault under N.J.S.2C:14-2 or aggravated criminal sexual
contact and criminal sexual contact under N.J.S.2C:14-3 or any attempt to
commit any of these crimes and who is sentenced to a term of imprisonment shall
have a blood sample drawn or other biological sample collected for purposes of
DNA testing upon commencement of the period of confinement.

����� In
addition, every person convicted on or after January 1, 1995 of these offenses,
but who is not sentenced to a term of confinement, shall provide a DNA sample
for purposes of DNA testing as a condition of the sentence imposed.� A person
who has been convicted and incarcerated as a result of a conviction of one or
more of these offenses prior to January 1, 1995 shall provide a DNA sample
before parole or release from incarceration.

����� Every
person arrested for an offense enumerated in this subsection shall provide a
DNA sample for purposes of DNA testing prior to the person�s release from
custody.

����� b.�� On
or after January 1, 1998 every juvenile adjudicated delinquent for an act
which, if committed by an adult, would constitute aggravated sexual assault or
sexual assault under N.J.S.2C:14-2 or aggravated criminal sexual contact or
criminal sexual contact under N.J.S.2C:14-3, or any attempt to commit any of
these crimes, shall have a blood sample drawn or other biological sample
collected for purposes of DNA testing.

����� Every
juvenile arrested for an act which, if committed by an adult, would constitute
an offense enumerated in this subsection shall provide a DNA sample for
purposes of DNA testing prior to the juvenile�s release from custody.

����� c.�� On
or after January 1, 1998 every person found not guilty by reason of insanity of
aggravated sexual assault or sexual assault under N.J.S.2C:14-2 or aggravated
criminal sexual contact or criminal sexual contact under N.J.S.2C:14-3, or any
attempt to commit any of these crimes, or adjudicated not delinquent by reason
of insanity for an act which, if committed by an adult, would constitute one of
these crimes, shall have a blood sample drawn or other biological sample
collected for purposes of DNA testing.

����� d.�� On
or after January 1, 2000 every person convicted of murder pursuant to
N.J.S.2C:11-3, manslaughter pursuant to N.J.S.2C:11-4, aggravated assault of
the second degree pursuant to paragraph (1) or (6) of subsection b. of
N.J.S.2C:12-1, kidnapping pursuant to N.J.S.2C:13-1, luring or enticing a child
in violation of P.L.1993, c.291 (C.2C:13-6), endangering welfare of children
pursuant to N.J.S.2C:24-4, except for paragraph (2) of subsection a.,
child
sexual abuse or exploitation material under section 1 of P.L.���� , c.�����
(C.���� ) (pending before the Legislature as this bill),
or any attempt to
commit any of these crimes and who is sentenced to a term of imprisonment shall
have a blood sample drawn or other biological sample collected for purposes of
DNA testing upon commencement of the period of confinement.

����� In
addition, every person convicted on or after January 1, 2000 of these offenses,
but who is not sentenced to a term of confinement, shall provide a DNA sample
as a condition of the sentence imposed.� A person who has been convicted and
incarcerated as a result of a conviction of one or more of these offenses prior
to January 1, 2000 shall provide a DNA sample before parole or release from
incarceration.

����� Every
person arrested for an offense enumerated in this subsection shall provide a
DNA sample for purposes of DNA testing prior to the person�s release from
custody.

����� e.�� On
or after January 1, 2000 every juvenile adjudicated delinquent for an act
which, if committed by an adult, would constitute murder pursuant to
N.J.S.2C:11-3, manslaughter pursuant to N.J.S.2C:11-4, aggravated assault of
the second degree pursuant to paragraph (1) or (6) of subsection b. of
N.J.S.2C:12-1, kidnapping pursuant to N.J.S.2C:13-1, luring or enticing a child
in violation of P.L.1993, c.291 (C.2C:13-6), endangering welfare of children
pursuant to N.J.S.2C:24-4, except for paragraph (2) of subsection a.,
child
sexual abuse or exploitation material under section 1 of P.L.���� , c.�����
(C.���� ) (pending before the Legislature as this bill),
or any attempt to
commit any of these crimes, shall have a blood sample drawn or other biological
sample collected for purposes of DNA testing.

����� Every
juvenile arrested for an act which, if committed by an adult, would constitute
an offense enumerated in this subsection shall provide a DNA sample for
purposes of DNA testing prior to the juvenile�s release from custody.

����� f.��� On
or after January 1, 2000 every person found not guilty by reason of insanity of
murder pursuant to N.J.S.2C:11-3, manslaughter pursuant to N.J.S.2C:11-4,
aggravated assault of the second degree pursuant to paragraph (1) or (6) of
subsection b. of N.J.S.2C:12-1, kidnapping
[

]
pursuant to
N.J.S.2C:13-1, luring or enticing a child in violation of P.L.1993, c.291
(C.2C:13-6), endangering welfare of children pursuant to N.J.S.2C:24-4, except
for paragraph (2) of subsection a.,
child sexual abuse or exploitation
material under section 1 of P.L.���� , c.����� (C.���� ) (pending before the
Legislature as this bill),
or any attempt to commit any of these crimes, or
adjudicated not delinquent by reason of insanity for an act which, if committed
by an adult, would constitute one of these crimes, shall have a blood sample
drawn or other biological sample collected for purposes of DNA testing.

����� g.�� Every
person convicted or found not guilty by reason of insanity of a crime or a
specified disorderly persons offense shall have a blood sample drawn or other
biological sample collected for purposes of DNA testing.� If the person is
sentenced to a term of imprisonment or confinement, the person shall have a
blood sample drawn or other biological sample collected for purposes of DNA
testing upon commencement of the period of imprisonment or confinement.� If the
person is not sentenced to a term of imprisonment or confinement, the person
shall provide a DNA sample as a condition of the sentence imposed.� A person
who has been convicted or found not guilty by reason of insanity of a crime
prior to the effective date of P.L.2003, c.183 or of a specified disorderly
persons offense prior to the effective date of P.L.2015, c.263 and who, on the
effective date, is serving a sentence of imprisonment, probation, parole or
other form of supervision as a result of the crime or is confined following
acquittal by reason of insanity shall provide a DNA sample before termination
of imprisonment, probation, parole, supervision or confinement, as the case may
be.

����� h.�� Every
juvenile adjudicated delinquent, or adjudicated not delinquent by reason of
insanity, for an act which, if committed by an adult, would constitute a crime
or a specified disorderly persons offense shall have a blood sample drawn or
other biological sample collected for purposes of DNA testing.� If under the
order of disposition the juvenile is sentenced to some form of imprisonment,
detention or confinement, the juvenile shall have a blood sample drawn or other
biological sample collected for purposes of DNA testing upon commencement of
the period of imprisonment, detention or confinement.� If the order of
disposition does not include some form of imprisonment, detention or
confinement, the juvenile shall provide a DNA sample as a condition of the disposition
ordered by the court.� A juvenile who, prior to the effective date of P.L.2003,
c.183, has been adjudicated delinquent, or adjudicated not delinquent by reason
of insanity for an act which, if committed by an adult, would constitute a
crime or, prior to the effective date of P.L.2015, c.263, has been adjudicated
delinquent or adjudicated not delinquent by reason of insanity for an act
which, if committed by an adult, would constitute a specified disorderly
persons offense, and who on the effective date is under some form of
imprisonment, detention, confinement, probation, parole or any other form of
supervision as a result of the offense or is confined following an adjudication
of not delinquent by reason of insanity shall provide a DNA sample before
termination of imprisonment, detention, supervision or confinement, as the case
may be.

����� As
used in this act, �specified disorderly persons offense� shall mean assault
constituting domestic violence as defined in section 3 of P.L.1991, c.261
(C.2C:25-19); prostitution pursuant to N.J.S.2C:34-1; any disorderly persons
offense relating to narcotics or dangerous drugs for which a person is required
to be fingerprinted pursuant to section 1 of P.L.1952, c.92 (C.53:1-18.1),
excluding possession of 50 grams or less of marijuana, including any
adulterants or dilutants, or five grams or less of hashish under
N.J.S.2C:35-10; or any other disorderly persons offense for which a person is
required to be fingerprinted pursuant to R.S.53:1-15.� A �specified disorderly
persons offense� shall not include shoplifting pursuant to N.J.S.2C:20-11.

����� i.��� Nothing
in this act shall be deemed to limit or preclude collection of DNA samples as
authorized by court order or in accordance with any other law.

(cf:
P.L.2019, c.122, s.1)

���� 55.� Section 2 of P.L.2025,
c.40 (C.2C:21-17.8) is amended to read as follows:

���� 2.��� a.� As used in P.L.2025,
c.40 (C.2C:21-17.7 et seq.):

����
�Deceptive
audio or visual media� means any video recording, motion picture film, sound
recording, electronic image, photograph, any technological representation of
speech or conduct substantially derivative thereof
, or any forgery or
facsimile of a document or writing,
that appears to
a
reasonable person to realistically
depict any speech
,
conduct
, or writing
of a
person who did not in fact engage in the speech
,

conduct
, or writing,
and the production of
which was substantially dependent upon technical means, rather than the ability
of another person to physically or verbally impersonate the person
.

���� �Disclose� means to sell,
give, provide, lend, trade, mail, deliver, transfer, publish, distribute,
circulate, disseminate, present, exhibit, advertise, offer, share, or make externally
available via the Internet or by any other means, whether or not for pecuniary
gain.

���� �Interactive computer service
provider� shall have the same meaning as set forth in 47 U.S.C. s.230.

���� �Solicit� means to offer to
create or generate, or to advertise the ability to create or generate, a work
of deceptive audio or visual media, whether or not for hire, commission,
monetary remuneration, or pecuniary gain.� �Solicit� shall also mean to request
the creation or generation of a work of deceptive audio or visual media,
whether or not for monetary remuneration or compensation.

���� �Victim� means a person who
suffers personal, physical, or psychological injury or death or incurs loss of
or injury to personal or real property as a result of the conduct of another
that would constitute a violation of subsections b. or c. of this section.�
�Victim� also includes the spouse, parent, legal guardian, grandparent, child,
sibling, domestic partner, or civil union partner of the decedent in the case
of a person�s death.

���� �Video streaming service�
means a service that transmits video content over the Internet that is played
continuously without download.

���� b.��� A natural person commits
a crime of the third degree if, without license or privilege to do so, the
person generates or creates, or causes to be generated or created, a work of
deceptive audio or visual media for the purpose of attempting or furthering the
commission of any crime or offense, or with the knowledge that the work is to
be used by another for such purpose, including but not limited to:

���� (1)� a crime or offense under
chapters 14, 16, 20, 21, 28, or 29 of Title 2C of the New Jersey Statutes;

���� (2)� advertising commercial
sex abuse of a minor, pursuant to subsection b. of section 12 of P.L.2013, c.51
(C.2C:13-10);

���� (3)� endangering the welfare
of children, pursuant to N.J.S.2C:24-4;

���� (4)� threats or improper
influence in official and political matters, pursuant to N.J.S.2C:27-3;

���� (5)� false public alarms,
pursuant to N.J.S.2C:33-3;

���� (6)� harassment, pursuant to
N.J.S.2C:33-4;

���� (7)� cyber-harassment,
pursuant to section 1 of P.L.2013, c.272 (C.2C:33-4.1);
[
or
]

���� (8)� hazing, pursuant to
section 1 of P.L.1980, c.169 (C.2C:40-3)
; or

����
(9)� child sexual abuse or
exploitation material pursuant to P.L. ,
c. (C. )
(pending before the Legislature as this bill)
.

���� c.� (1)� A natural person
commits a crime of the third degree if, without license or privilege to do so,
the person solicits, discloses, or uses a work of deceptive audio or visual
media for the purpose of attempting or furthering the commission of any crime
or offense, or with the knowledge that the work is to be used by another for
such purpose, including but not limited to any crime or offense listed in
subsection b. of this section.

���� (2)� Except as otherwise
provided in subsection g. of this section, a natural person commits a crime of
the fourth degree if, without license or privilege to do so, the person knowingly
or recklessly discloses a work of deceptive audio or visual media created in
violation of subsection b. of this section.

���� d.� In addition to any term of
imprisonment imposed pursuant to N.J.S.2C:43-6 and notwithstanding the
provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $30,000 may be
imposed for a violation of this section.

���� e.���� Notwithstanding the
provisions of N.J.S.2C:1-8 or any other provisions of law:

���� (1)� a conviction arising
under subsection b. of this section shall not merge with a conviction under
subsection c. of this section, nor shall a conviction under subsection c. of
this section merge with a conviction under subsection b. of this section; and

���� (2)� a conviction arising
under subsection b. or paragraph (1) of subsection c. of this section shall not
merge with a conviction of any underlying offense, nor shall any conviction for
such underlying offense merge with a conviction under subsection b. of this
section.� The court shall impose consecutive sentences upon a conviction under
subsection b. or paragraph (1) of subsection c. of this section and a
conviction of any underlying offense.

���� f.���� A natural person who
violates the provisions of P.L.2025, c.40 (C.2C:21-17.7 et seq.) shall also be
liable to the victim of the violation, and the victim may bring a civil action
in the Superior Court.� The court may award:

���� (1)� actual damages, but not
less than liquidated damages computed at the rate of $1,000 for each knowing or
reckless violation of P.L.2025, c.40 (C.2C:21-17.7 et seq.);

���� (2)� punitive damages upon
proof of willful disregard of the law;

���� (3)� reasonable attorney�s
fees and other litigation costs reasonably incurred; and

���� (4)� other such preliminary
and equitable relief as the court determines appropriate.�

���� A conviction for a violation
of P.L.2025, c.40 (C.2C:21-17.7 et seq.) shall not be a prerequisite for a
civil action brought pursuant to this subsection.� The civil action authorized
by this subsection shall be in addition to, and not in lieu of, any other civil
action, injunctive relief, or other remedy available at law, including, but not
limited to, a civil action for common law defamation, libel, slander, invasion
of privacy, false light, misappropriation of identity, intrusion of privacy, or
public disclosure of private facts.

���� g.��� (1) �P.L.2025, c.40 (C.2C:21-17.7
et seq.) shall not apply to content that a reasonable viewer or listener would
understand to constitute criticism, comment, satire, parody, news reporting,
teaching, scholarship, research, or to any content that a reasonable viewer or
listener would not believe to authentically depict speech or conduct.

���� (2)� P.L.2025, c.40 (C.2C:21-17.7
et seq.) shall not apply to an interactive computer service provider, cloud
services provider, or commercial developer or provider of artificial
intelligence technology, where such developer or provider is not deemed to be a
publisher, speaker, or information content provider pursuant to 47 U.S.C.
s.230, and shall not be construed to alter or negate any rights, obligations,
or immunities of an interactive computer service provider or cloud services
provider pursuant to 47 U.S.C. s.230.

���� (3)� P.L.2025, c.40 (C.2C:21-17.7
et seq.) shall not apply to any broadcasting station, cable service, radio
station, or telecommunications carrier, as those terms are defined pursuant to
47 U.S.C. s.153, or to any television station, billboard, Internet website,
mobile application, video streaming service, newspaper, magazine, publication,
printed matter , or other advertising channel or medium through which an
advertisement containing deceptive audio or visual media appears , where the
advertising channel or medium�s role in disclosing the advertisement is limited
to the selling of advertising time or space, or where an advertising channel or
medium is prohibited by federal law from censoring the advertisement regardless
of its content.

���� (4)� This section shall not
apply to any broadcasting station, including a cable or satellite television
company, programmer, or producer, an Internet website, video streaming service,
or a regularly published newspaper, magazine, or other periodical of general
circulation, including an Internet or electronic publication, that routinely
carries news and commentary of general interest, and that broadcasts or
publishes any deceptive audio or visual media prohibited by this section solely
for the purpose of disseminating newsworthy facts; provided that if the
deceptive nature of the work is known or verified, the broadcast or publication
shall clearly contain a disclaimer which is either shown or read aloud that
identifies the work as a work of deceptive audio or visual media.�

���� (5) It shall not be a
violation of this section to disclose any deceptive audio or visual media to
law enforcement officers in connection with a criminal investigation or
prosecution of a violation of this section; pursuant to a subpoena or court
order requiring the disclosure of a work of deceptive audio or visual media; to
a school administrator, attorney, family member, or other advocate for purposes
of reporting conduct that may constitute a violation of this section; or in
furtherance of an investigation concerning fraud, cybersecurity, identity
theft, harassment, or a violation of a commercial computer network�s
contractual terms of service.

(cf: P.L.2025, c.40, s.2)

���� 56. (New section)� The
Legislature finds and declares that:

���� a. Advances in computer
technology have enabled more people than ever to access enormous amounts of
information over the Internet quickly and cheaply, and to use such information
for any number of purposes including generative artificial intelligence (AI).

���� b. Generative AI incorporates
machine learning, whereby large and ever-growing datasets of text, images,
video, and other information are fed into computer algorithms to train the AI
system, thus enabling the AI system to generate new content based on its
training data.

���� c. It is now possible to use
generative AI to create photorealistic images of children, or to manipulate
actual images of children, whereby an actual child or photorealistic image of a
child is portrayed in a sexual manner for entirely prurient and obscene
purposes.

���� d. It is undisputed that a
child is victimized and exploited not only when they are forced to engage in
the recording of a prohibited sexual act, as well as when those recordings and
images are spread across the Internet; so too is a child victimized and
exploited when their images are taken, usually without express consent, to
train generative AI systems that are then used to create sexual imagery.

���� e. Therefore, just as the
Legislature has long prohibited child sexual abuse and exploitation material
depicting identifiable children, so too does the Legislature find that it is
necessary to prohibit sexual imagery of children created using generative AI as
obscene and contrary to the community standards of this State.

�����
57.� This act shall
take effect on the 30th day next following enactment.