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A4277
ASSEMBLY, No. 4277
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblyman� DAN HUTCHISON
District 4 (Atlantic, Camden and Gloucester)
Assemblyman� CODY D. MILLER
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
���� Reorganizes statutes concerning assault and
aggravated assault; adds provision concerning assault of court staff,
prosecutors, and public defenders.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning assault, amending N.J.S.2C:12-1 and
P.L.2023, c.48, and supplementing Title 2C of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. N.J.S.2C:12-1 is amended to
read as follows:
���� 2C:12-1. Assault. a. Simple
assault. A person is guilty of assault if the person:
���� (1)�� Attempts to cause or
purposely, knowingly or recklessly causes bodily injury to another; or
���� (2)�� Negligently causes
bodily injury to another with a deadly weapon; or
���� (3)�� Attempts by physical
menace to put another in fear of imminent serious bodily injury.
���� Simple assault is a disorderly
persons offense unless committed in a fight or scuffle entered into by mutual
consent, in which case it is a petty disorderly persons offense.
����
Where a simple assault is
committed upon a person as provided for in sections 5 through 12 of P.L.���� ,
c.���� (pending before the Legislature as this bill), the defendant shall be
charged with a higher degree of crime in accordance with the applicable section.
���� b.��� Aggravated assault. A
person is guilty of aggravated assault if the person:
���� (1)�� Attempts to cause
serious bodily injury to another, or causes injury purposely or knowingly or
under circumstances manifesting extreme indifference to the value of human life
recklessly causes such injury
.� A violation of this paragraph is a crime of
the second degree
; or
���� (2)�� Attempts to cause or
purposely or knowingly causes bodily injury to another with a deadly weapon
.�
A violation of this paragraph is a crime of the third degree
; or
���� (3)�� Recklessly causes bodily
injury to another with a deadly weapon
.� A violation of this paragraph is a
crime of the fourth degree
; or
���� (4)�� Knowingly under
circumstances manifesting extreme indifference to the value of human life
points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the
direction of another, whether or not the actor believes it to be loaded
.� A
violation of this paragraph is a crime of the fourth degree
; or
���� (5)��
[
Commits a
simple assault as defined in paragraph (1), (2), or (3) of subsection a. of
this section upon:
���� (a)�� Any law enforcement
officer acting in the performance of the officer�s duties while in uniform or
exhibiting evidence of authority or because of the officer�s status as a law
enforcement officer; or
���� (b)�� Any paid or volunteer
firefighter acting in the performance of the firefighter�s duties while in
uniform or otherwise clearly identifiable as being engaged in the performance
of the duties of a firefighter; or
���� (c)�� Any person engaged in
emergency first-aid or medical services acting in the performance of the
person�s duties while in uniform or otherwise clearly identifiable as being
engaged in the performance of emergency first-aid or medical services; or
���� (d)�� Any school board member,
school administrator, teacher, school bus driver, or other employee of a public
or nonpublic school or school board while clearly identifiable as being engaged
in the performance of the person's duties or because of the person�s status as
a member or employee of a public or nonpublic school or school board or any
school bus driver employed by an operator under contract to a public or
nonpublic school or school board while clearly identifiable as being engaged in
the performance of the person�s duties or because of the person�s status as a
school bus driver; or
���� (e)�� Any employee of the
Division of Child Protection and Permanency while clearly identifiable as being
engaged in the performance of the employee�s duties or because of the status as
an employee of the division; or
���� (f)�� Any justice of the
Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal
judge while clearly identifiable as being engaged in the performance of
judicial duties or because of the status as a member of the judiciary; or
���� (g)�� Any operator of a
motorbus or the operator�s supervisor or any employee of a rail passenger
service while clearly identifiable as being engaged in the performance of the
person�s duties or because of the status as an operator of a motorbus or as the
operator�s supervisor or as an employee of a rail passenger service; or
���� (h)�� Any Department of
Corrections employee, county correctional police officer, juvenile correctional
police officer, State juvenile facility employee, juvenile detention staff
member, juvenile detention officer, probation officer or any sheriff,
undersheriff, or sheriff�s officer acting in the performance of the person�s
duties while in uniform or exhibiting evidence of the person�s authority or
because of the status as a Department of Corrections employee, county
correctional police officer, juvenile correctional police officer, State
juvenile facility employee, juvenile detention staff member, juvenile detention
officer, probation officer, sheriff, undersheriff, or sheriff�s officer; or
���� (i)��� Any employee, including
any person employed under contract, of a utility company as defined in section
2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the
provisions of the �Cable Television Act,� P.L.1972, c.186 (C.48:5A-1 et seq.)
while clearly identifiable as being engaged in the performance of the
employee�s duties in regard to connecting, disconnecting, or repairing or
attempting to connect, disconnect, or repair any gas, electric, or water
utility, or cable television or telecommunication service; or
���� (j)��� Any health care worker
employed by a licensed health care facility to provide direct patient care, any
health care professional licensed or otherwise authorized pursuant to Title 26
or Title 45 of the Revised Statutes to practice a health care profession,
except a direct care worker at a State or county psychiatric hospital or State
developmental center or veterans� memorial home, while clearly identifiable as
being engaged in the duties of providing direct patient care or practicing the
health care profession; or
���� (k)�� Any direct care worker
at a State or county psychiatric hospital or State developmental center or
veterans� memorial home, while clearly identifiable as being engaged in the
duties of providing direct patient care or practicing the health care
profession, provided that the actor is not a patient or resident at the
facility who is classified by the facility as having a mental illness or
developmental disability; or
���� (l)��� Any employee of a store
or other retail mercantile establishment while clearly identifiable as being
engaged in the performance of the person�s duties.� �Store or other retail
mercantile establishment� means the same as such term is defined in N.J.S.2C:20-11.�
�Employee� means any person who provides customer assistance, store management,
visual merchandising, loss prevention or security services, whether in uniform
or in plain clothes, or who acts as a cashier, salesperson, or team associate
or otherwise interacts with customers for or on behalf of the store or other
retail mercantile establishment; or
]
(Deleted by amendment, P.L.���� , c.���� ) (pending before the Legislature
as this bill)
���� (6)�� Causes bodily injury to
another person while fleeing or attempting to elude a law enforcement officer
in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor
vehicle in violation of subsection c. of N.J.S.2C:20-10.�
A violation of
this paragraph is a crime of the second degree.
� Notwithstanding any other
provision of law to the contrary, a person shall be strictly liable for a
violation of this paragraph upon proof of a violation of subsection b. of
N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c.
of N.J.S.2C:20-10 which resulted in bodily injury to another person; or
���� (7)�� Attempts to cause
significant bodily injury to another or causes significant bodily injury
purposely or knowingly or, under circumstances manifesting extreme indifference
to the value of human life recklessly causes such significant bodily injury
.�
A violation of this paragraph is a crime of the third degree
; or
���� (8)��
[
Causes bodily
injury by knowingly or purposely starting a fire or causing an explosion in
violation of N.J.S.2C:17-1 which results in bodily injury to any emergency
services personnel involved in fire suppression activities, rendering emergency
medical services resulting from the fire or explosion or rescue operations, or
rendering any necessary assistance at the scene of the fire or explosion,
including any bodily injury sustained while responding to the scene of a
reported fire or explosion.� For purposes of this paragraph, �emergency
services personnel� shall include, but not be limited to, any paid or volunteer
firefighter, any person engaged in emergency first-aid or medical services and
any law enforcement officer.� Notwithstanding any other provision of law to the
contrary, a person shall be strictly liable for a violation of this paragraph
upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to
any emergency services personnel; or
]
(Deleted by amendment, P.L.���� , c.���� ) (pending before the Legislature
as this bill)
���� (9)��
[
Knowingly,
under circumstances manifesting extreme indifference to the value of human
life, points or displays a firearm, as defined in subsection f. of
N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or
]
(Deleted
by amendment, P.L.���� , c. ) (pending
before the Legislature as this bill)
���� (10)
[
Knowingly
points, displays or uses an imitation firearm, as defined in subsection v. of
N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the
purpose to intimidate, threaten, or attempt to put the officer in fear of
bodily injury or for any unlawful purpose; or
]
(Deleted by amendment, P.L.���� , c.����� ) (pending before the Legislature
as this bill)
���� (11)
[
Uses or
activates a laser sighting system or device, or a system or device which, in
the manner used, would cause a reasonable person to believe that it is a laser
sighting system or device, against a law enforcement officer acting in the
performance of the officer�s duties while in uniform or exhibiting evidence of
the officer�s authority.� As used in this paragraph, �laser sighting system or
device� means any system or device that is integrated with or affixed to a
firearm and emits a laser light beam that is used to assist in the sight
alignment or aiming of the firearm; or
]
(Deleted by amendment, P.L.���� , c.����� ) (pending before the Legislature
as this bill)
���� (12) Attempts to cause
significant bodily injury or causes significant bodily injury purposely or
knowingly or, under circumstances manifesting extreme indifference to the value
of human life, recklessly causes significant bodily injury to a person who, with
respect to the actor, meets the definition of a victim of domestic violence, as
defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19)
.� A
violation of this paragraph is a crime of the third degree.� Notwithstanding
the provisions of subsection e. of N.J.S.2C:44-1, the presumption of
non-imprisonment shall not apply
; or
���� (13) Knowingly or, under
circumstances manifesting extreme indifference to the value of human life,
recklessly obstructs the breathing or blood circulation of a person who, with
respect to the actor, meets the definition of a victim of domestic violence, as
defined in subsection d. of section 3 of P.L.1991, c.261 (C.2C:25-19), by
applying pressure on the throat or neck or blocking the nose or mouth of such
person, thereby causing or attempting to cause bodily injury.�
A violation
of this paragraph is a crime of the second degree.
����
[
Aggravated assault under
paragraphs (1) and (6) of subsection b. of this section is a crime of the
second degree; under paragraphs (2), (7), (9), and (10) of subsection b. of
this section is a crime of the third degree; under paragraphs (3) and (4) of subsection
b. of this section is a crime of the fourth degree; and under paragraph (5) of
subsection b. of this section is a crime of the third degree if the victim
suffers bodily injury, otherwise it is a crime of the fourth degree, except:
���� any aggravated assault under
subparagraph (g) of paragraph (5) of subsection b. of this section shall be a
crime of the third degree; and
���� any aggravated assault of a
law enforcement officer under subparagraph (a) of paragraph (5) of subsection
b. of this section resulting in serious bodily injury shall be a crime of the
second degree.� Notwithstanding the provisions of N.J.S.2C:1-8 or any other
law, a conviction for assaulting a law enforcement officer under subparagraph
(a) of paragraph (5) of subsection b. of this section shall not merge with a
conviction for any other criminal offense.� A mandatory term of incarceration
pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2) shall not apply to a
conviction for aggravated assault of a law enforcement officer under
subparagraph (a) of paragraph (5) of subsection b. of this section unless the
assault resulted in serious bodily injury to the officer.� A person charged
with aggravated assault of a law enforcement officer under subparagraph (a) of
paragraph (5) of subsection b. of this section resulting in serious bodily
injury shall be ineligible to apply for admission to a program of supervisory
treatment pursuant to the provisions of N.J.S.2C:43-12 through 2C:43-22.
���� Aggravated assault under
paragraph (8) of subsection b. of this section is a crime of the third degree
if the victim suffers bodily injury; if the victim suffers significant bodily
injury or serious bodily injury it is a crime of the second degree.� Aggravated
assault under paragraph (11) of subsection b. of this section is a crime of the
third degree.� Aggravated assault under paragraph (12) of subsection b. of this
section is a crime of the third degree but the presumption of non-imprisonment
set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of
the third degree shall not apply.� Aggravated assault under paragraph (13) of
subsection b. of this section is a crime of the second degree.
]
���� c.
[
(1) A person is guilty of assault
by auto or vessel when the person drives a vehicle or vessel recklessly and
causes either serious bodily injury or bodily injury to another.� Assault by
auto or vessel is a crime of the fourth degree if serious bodily injury results
and is a disorderly persons offense if bodily injury results.� Proof that the
defendant was operating a hand-held wireless telephone while driving a motor
vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give
rise to an inference that the defendant was driving recklessly.�
���� (2)�� Assault by auto or
vessel is a crime of the third degree if the person drives the vehicle while in
violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and
serious bodily injury results and is a crime of the fourth degree if the person
drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981,
c.512 (C.39:4-50.4a) and bodily injury results.�
���� (3)�� Assault by auto or
vessel is a crime of the second degree if serious bodily injury results from
the defendant operating the auto or vessel while in violation of R.S.39:4-50 or
section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:
���� (a)�� on any school property
used for school purposes which is owned by or leased to any elementary or
secondary school or school board, or within 1,000 feet of such school property;
���� (b)�� driving through a school
crossing as defined in R.S.39:1-1 if the municipality, by ordinance or
resolution, has designated the school crossing as such; or
���� (c)�� driving through a school
crossing as defined in R.S.39:1-1 knowing that juveniles are present if the
municipality has not designated the school crossing as such by ordinance or
resolution.�
���� Assault by auto or vessel is a
crime of the third degree if bodily injury results from the defendant operating
the auto or vessel in violation of this paragraph.
���� A map or true copy of a map
depicting the location and boundaries of the area on or within 1,000 feet of
any property used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced pursuant to section 1
of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph
(a) of paragraph (3) of this subsection.
���� It shall be no defense to a
prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this
subsection that the defendant was unaware that the prohibited conduct took
place while on or within 1,000 feet of any school property or while driving
through a school crossing.� Nor shall it be a defense to a prosecution under
subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles
were present on the school property or crossing zone at the time of the offense
or that the school was not in session.�
���� (4)�� Assault by auto or
vessel is a crime of the third degree if the person purposely drives a vehicle
in an aggressive manner directed at another vehicle and serious bodily injury
results and is a crime of the fourth degree if the person purposely drives a vehicle
in an aggressive manner directed at another vehicle and bodily injury results.�
For purposes of this paragraph, �driving a vehicle in an aggressive manner�
shall include, but is not limited to, unexpectedly altering the speed of the
vehicle, making improper or erratic traffic lane changes, disregarding traffic
control devices, failing to yield the right of way, or following another
vehicle too closely.
���� As used in this subsection,
�vessel� means a means of conveyance for travel on water and propelled
otherwise than by muscular power.
]
(Deleted by amendment, P.L.���� , c.����� ) (pending before the Legislature
as this bill)
���� d.���
[
A person who
is employed by a facility as defined in section 2 of P.L.1977, c.239
(C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of
subsection a. of this section upon an institutionalized elderly person as
defined in section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of
the fourth degree.
]
(Deleted by amendment, P.L.���� , c.����� ) (pending before the Legislature
as this bill)
���� e.���� (Deleted by amendment,
P.L.2001, c.443)
���� f.����
[
A person who
commits a simple assault as defined in paragraph (1), (2), or (3) of subsection
a. of this section in the presence of a child under 16 years of age at a school
or community sponsored youth sports event is guilty of a crime of the fourth
degree.� The defendant shall be strictly liable upon proof that the offense
occurred, in fact, in the presence of a child under 16 years of age.� It shall
not be a defense that the defendant did not know that the child was present or
reasonably believed that the child was 16 years of age or older.� The
provisions of this subsection shall not be construed to create any liability on
the part of a participant in a youth sports event or to abrogate any immunity
or defense available to a participant in a youth sports event.� As used in this
act, �school or community sponsored youth sports event� means a competition,
practice, or instructional event involving one or more interscholastic sports
teams or youth sports teams organized pursuant to a nonprofit or similar charter
or which are member teams in a youth league organized by or affiliated with a
county or municipal recreation department and shall not include collegiate,
semi-professional or professional sporting events.
]
(Deleted by amendment,
P.L.���� , c.����� ) (pending before the Legislature as this bill)
(cf: P.L.2025, c.39, s.3)
���� 2. (New section) Assault by
auto or vessel.
���� a. As used in this section:
���� �Driving a vehicle in an
aggressive manner� means, but is not limited to, unexpectedly altering the
speed of the vehicle, making improper or erratic traffic lane changes,
disregarding traffic control devices, failing to yield the right of way, or
following another vehicle too closely.
���� �Vessel� means a means of
conveyance for travel on water and propelled otherwise than by muscular power.
���� b. A person is guilty of
assault by auto or vessel when the person drives a vehicle or vessel recklessly
and causes either serious bodily injury or bodily injury to another.� Proof
that the defendant was operating a hand-held wireless telephone while driving a
motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may
give rise to an inference that the defendant was driving recklessly.� Assault
by auto or vessel is a crime of the fourth degree if serious bodily injury
results, and is a disorderly persons offense if bodily injury results.
���� c.���� Assault by auto or
vessel is a crime of the third degree if the person drives the vehicle while in
violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and
serious bodily injury results, and is a crime of the fourth degree if the person
drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981,
c.512 (C.39:4-50.4a) and bodily injury results.�
���� d.��� Assault by auto or
vessel in violation of subsection c. of this section is a crime one degree
higher than that provided in subsection c. of this section if the violation
occurs while:
���� (1)�� on any school property
used for school purposes which is owned by or leased to any elementary or
secondary school or school board, or within 1,000 feet of such school property;
���� (2)�� driving through a school
crossing as defined in R.S.39:1-1 if the municipality, by ordinance or
resolution, has designated the school crossing as such; or
���� (3)�� driving through a school
crossing as defined in R.S.39:1-1 knowing that juveniles are present if the
municipality has not designated the school crossing as such by ordinance or
resolution.�
���� A map or true copy of a map
depicting the location and boundaries of the area on or within 1,000 feet of
any property used for school purposes which is owned by or leased to any
elementary or secondary school or school board produced pursuant to section 1
of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under paragraph (1)
of this subsection.
���� e.���� Assault by auto or
vessel is a crime of the third degree if the person purposely drives a vehicle
in an aggressive manner directed at another vehicle and serious bodily injury
results and is a crime of the fourth degree if the person purposely drives a vehicle
in an aggressive manner directed at another vehicle and bodily injury results.�
���� f. It shall be no defense to a
prosecution for a violation of paragraphs (1) or (2) of subsection d. of this
section that the defendant was unaware that the prohibited conduct took place
while on or within 1,000 feet of any school property or while driving through a
school crossing.� Nor shall it be a defense to a prosecution under paragraphs
(1) or (2) of subsection d. of this section that no juveniles were present on
the school property or crossing zone at the time of the offense or that the
school was not in session.�
���� 3. Section 4 of P.L.2023, c.48
(C.2C:12-1b) is amended to read as follows:
���� 4. a. In addition to any fine
imposed pursuant to N.J.S.2C:43-3 or any term of imprisonment pursuant to
N.J.S.2C:43-6, the court may order any defendant who commits an assault
pursuant to N.J.S.2C:12-1
or section 5 of P.L.���� , c.���� (pending before
the Legislature as this bill)
against any health care professional,
volunteer working for a health care professional or working at a health care
facility, supportive services staff member working for a health care
professional or working at a health care facility, or employee of a health care
professional or health care facility, while the health care professional,
volunteer, supportive services staff member, or employee is performing official
duties, to satisfactorily complete an anger management course.
���� b.��� The court may order a
defendant to participate in an anger management course of up to 12 months
duration pursuant to this section.
���� c.���� A defendant shall pay
the enrollment cost of an anger management course ordered pursuant to this
section.
���� d.��� A defendant sentenced to
an anger management course pursuant to this section shall have one year to
comply with the court order.� Failure to satisfactorily complete the course
within one year shall constitute a violation of the order.� Any defendant who fails
to comply with the court order requiring an anger management course may be
subject to an additional penalty of up to $500.
���� e.���� The Administrative
Office of the Courts shall develop and approve a list of eligible anger
management courses that may provide anger management services to any person
ordered to participate pursuant to this section.
���� f.���� The Administrative
Office of the Courts shall establish standards and procedures for certification
of anger management courses required pursuant to this section.
(cf: P.L.2023, c.48, s.4)
���� 4. Section 5 of P.L.2023, c.48
(C.2C:12-1c) is amended to read as follows:
���� 5. a. Notwithstanding the term
of imprisonment provided in N.J.S.2C:43-6 or any fine imposed pursuant to
N.J.S.2C:43-3, a defendant convicted of assault, pursuant to N.J.S.2C:12-1
or
section 5 of P.L.���� , c.���� (pending before the Legislature as this bill)
,
against any health care professional, volunteer working for a health care
professional or working at a health care facility, supportive services staff
member working for a health care professional or working at a health care
facility, or employee of a health care professional or health care facility,
while the health care professional, volunteer, supportive services staff
member, or employee is performing official duties, may be sentenced to
community service.
���� b.��� The court may order the
defendant to perform community service pursuant to this section in lieu of part
of the defendant�s period of incarceration.� The court may impose a term of
community service of up to 30 days.
���� c.���� The Administrative
Office of the Courts shall establish standards and procedures for the
certification of community service organizations and providers to which a
defendant may be sentenced pursuant to this section.
(cf: P.L.2023, c.48, s.5)
���� 5. (New section) Assault
against healthcare professionals.
���� a. Except as otherwise
provided in subsection b. of this section, simple assault as defined in
paragraphs (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of the
third degree if the victim suffers bodily injury, otherwise it is a crime of
the fourth degree, where the victim is a health care professional, volunteer
working for a health care professional or working at a health care facility,
supportive services staff member working for a health care professional or
working at a health care facility, or employee of a health care professional or
health care facility, while the health care professional, volunteer, supportive
services staff member, or employee is performing official duties.�
���� b. Simple assault as defined
in paragraphs (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of
the third degree if the victim suffers bodily injury, otherwise it is a crime
of the fourth degree, where the victim is a direct care worker at a State or
county psychiatric hospital or State developmental center or veterans� memorial
home, but shall not apply if the actor is a patient or resident at the facility
who is classified by the facility as having a mental illness or developmental
disability.
���� 6. (New section) Assault
against law enforcement officers.
���� a. Simple assault as defined
in paragraphs (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of
the second degree if the victim suffers serious bodily injury, a crime of the
third degree if the victim suffers bodily injury, or otherwise is a crime of
the fourth degree, where the victim is a law enforcement officer acting in the
performance of the officer�s duties while in uniform or exhibiting evidence of
authority or because of the officer�s status as a law enforcement officer.�
���� b. A person is guilty of
aggravated assault, a crime of the third degree, if the person:
���� (1) Knowingly, under
circumstances manifesting extreme indifference to the value of human life,
points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at
or in the direction of a law enforcement officer; or
���� (2) Knowingly points, displays
or uses an imitation firearm, as defined in subsection v. of N.J.S.2C:39-1, at
or in the direction of a law enforcement officer with the purpose to
intimidate, threaten, or attempt to put the officer in fear of bodily injury or
for any unlawful purpose; or
���� (3) Uses or activates a laser
sighting system or device, or a system or device which, in the manner used,
would cause a reasonable person to believe that it is a laser sighting system
or device, against a law enforcement officer acting in the performance of the
officer�s duties while in uniform or exhibiting evidence of the officer�s
authority.� As used in this paragraph, �laser sighting system or device� means
any system or device that is integrated with or affixed to a firearm and emits
a laser light beam that is used to assist in the sight alignment or aiming of
the firearm.
���� c. Notwithstanding the
provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for
assaulting a law enforcement officer under subsection a. of this section shall
not merge with a conviction for any other criminal offense.� A mandatory term
of incarceration pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2) shall
not apply to a conviction for assaulting a law enforcement officer under subsection
a. of this section unless the assault resulted in serious bodily injury to the
officer.� A person charged with assaulting a law enforcement officer under subsection
a. of this section resulting in serious bodily injury shall be ineligible to
apply for admission to a program of supervisory treatment pursuant to the
provisions of N.J.S.2C:43-12 through 2C:43-22.
���� 7. (New section) Assault
against first responders.
���� a. As used in this section,
�emergency services personnel� means:
���� (1) Any paid or volunteer
firefighter acting in the performance of the firefighter�s duties while in
uniform or otherwise clearly identifiable as being engaged in the performance
of the duties of a firefighter; or
���� (2) Any person engaged in
emergency first-aid or medical services acting in the performance of the
person�s duties while in uniform or otherwise clearly identifiable as being
engaged in the performance of emergency first-aid or medical services.
���� b. Simple assault as defined
in paragraph (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of
the third degree if the victim suffers bodily injury, otherwise it is a crime
of the fourth degree, where the victim is a member of emergency services
personnel.
���� c. A person commits aggravated
assault if the person causes bodily injury by knowingly or purposely starting a
fire or causing an explosion in violation of N.J.S.2C:17-1 which results in
bodily injury to any emergency services personnel involved in fire suppression
activities, rendering emergency medical services resulting from the fire or
explosion or rescue operations, or rendering any necessary assistance at the
scene of the fire or explosion, including any bodily injury sustained while
responding to the scene of a reported fire or explosion.� A violation of this subsection
is a crime of the third degree if the victim suffers bodily injury; if the
victim suffers significant bodily injury or serious bodily injury it is a crime
of the second degree.� Notwithstanding any other provision of law to the
contrary, a person shall be strictly liable for a violation of this paragraph
upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to
any emergency services personnel.
���� 8. (New section) Assault in
school and youth sports settings.
���� a. Simple assault as defined
in paragraph (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of
the third degree if the victim suffers bodily injury, otherwise it is a crime
of the fourth degree, where the victim is a school board member, school
administrator, teacher, school bus driver, or other employee of a public or
nonpublic school or school board while clearly identifiable as being engaged in
the performance of the person's duties or because of the person�s status as a
member or employee of a public or nonpublic school or school board or any
school bus driver employed by an operator under contract to a public or
nonpublic school or school board while clearly identifiable as being engaged in
the performance of the person�s duties or because of the person�s status as a
school bus driver.
���� b.��� (1) As used in this subsection,
�school or community sponsored youth sports event� means a competition,
practice, or instructional event involving one or more interscholastic sports
teams or youth sports teams organized pursuant to a nonprofit or similar
charter or which are member teams in a youth league organized by or affiliated
with a county or municipal recreation department and shall not include
collegiate, semi-professional or professional sporting events.
���� (2) A person who commits a
simple assault as defined in paragraph (1), (2), or (3) of subsection a. of
N.J.S.2C:12-1 in the presence of a child under 16 years of age at a school or
community sponsored youth sports event is guilty of a crime of the fourth degree.�
The defendant shall be strictly liable upon proof that the offense occurred, in
fact, in the presence of a child under 16 years of age.� It shall not be a
defense that the defendant did not know that the child was present or
reasonably believed that the child was 16 years of age or older.� The
provisions of this subsection shall not be construed to create any liability on
the part of a participant in a youth sports event or to abrogate any immunity
or defense available to a participant in a youth sports event.
���� 9. (New section) Assault
against certain public employees.
���� Simple assault as defined in
paragraph (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of the third
degree if the victim suffers bodily injury, otherwise it is a crime of the
fourth degree, where the victim is:
���� a. An employee of the Division
of Child Protection and Permanency while clearly identifiable as being engaged
in the performance of the employee�s duties or because of the status as an
employee of the division; or
���� b. A justice of the Supreme
Court, judge of the Superior Court, judge of the Tax Court or municipal judge
while clearly identifiable as being engaged in the performance of judicial
duties or because of the status as a member of the judiciary; or
���� c. An employee of the Supreme
Court, Superior Court, Tax Court, or any municipal court, a prosecutor, an
employee of the Office of the Public Defender, or a municipal public defender;
or
���� d. A Department of Corrections
employee, county correctional police officer, juvenile correctional police
officer, State juvenile facility employee, juvenile detention staff member,
juvenile detention officer, probation officer or any sheriff, undersheriff, or
sheriff�s officer acting in the performance of the person�s duties while in
uniform or exhibiting evidence of the person�s authority or because of the
status as a Department of Corrections employee, county correctional police
officer, juvenile correctional police officer, State juvenile facility
employee, juvenile detention staff member, juvenile detention officer,
probation officer, sheriff, undersheriff, or sheriff�s officer.
���� 10. (New section) Assault
against rail and bus operators.
���� Simple assault as defined in
paragraph (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of the third
degree where the victim is an operator of a motorbus or the operator�s
supervisor or any employee of a rail passenger service while clearly
identifiable as being engaged in the performance of the person�s duties or
because of the status as an operator of a motorbus or as the operator�s
supervisor or as an employee of a rail passenger service.
���� 11. (New section) Assault
against certain business employees.
���� a. As used in this section:
���� �Store or other retail
mercantile establishment� means the same as such term is defined in
N.J.S.2C:20-11.�
���� �Employee� means any person
who provides customer assistance, store management, visual merchandising, loss
prevention or security services, whether in uniform or in plain clothes, or who
acts as a cashier, salesperson, or team associate or otherwise interacts with
customers for or on behalf of the store or other retail mercantile
establishment.
���� b. Simple assault as defined
in paragraph (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of
the third degree if the victim suffers bodily injury, otherwise it is a crime
of the fourth degree, where the victim is:
���� (1) An employee, including any
person employed under contract, of a utility company as defined in section 2 of
P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the
provisions of the �Cable Television Act,� P.L.1972, c.186 (C.48:5A-1 et seq.)
while clearly identifiable as being engaged in the performance of the
employee�s duties in regard to connecting, disconnecting, or repairing or
attempting to connect, disconnect, or repair any gas, electric, or water
utility, or cable television or telecommunication service; or
���� (2) An employee of a store or
other retail mercantile establishment while clearly identifiable as being
engaged in the performance of the person�s duties.
���� 12. (New section) Assault
against certain vulnerable persons.
���� Simple assault as defined in
paragraph (1), (2), or (3) of subsection a. of N.J.S.2C:12-1 is a crime of the fourth
degree where the actor is employed by a facility as defined in subsection f. of
section 2 of P.L.1977, c.239 (C.52:27G-2) and the victim is a long-term care
resident or elderly person as defined in subsection i. of section 2 of
P.L.1977, c.239 (C.52:27G-2).
���� 13. This act shall take effect
on the first day of the third month next following enactment, except that the
Attorney General and the Administrative Director of the Courts may take such
anticipatory action as may be necessary for the timely implementation of this
act.
STATEMENT
���� This bill amends and
reorganizes the statutes concerning assault and aggravated assault by
delineating existing provisions for aggravated assault, based on the nature of
the assault and the category of the victim, into individual statutes.� Additionally,
the bill adds a new provision concerning assault committed against court staff,
prosecutors, and public defenders.�
���� Under current law, simple
assault is ordinarily a disorderly persons offense or petty disorderly persons
offense, but is upgraded to aggravated assault in certain circumstances,
typically where the victim is a member of a protected category of persons, such
as health care workers, first responders, law enforcement officers, judges,
teachers, and certain others.� Additionally, the penalty for aggravated assault
can vary depending on both the nature of the assault and the victim.� For example,
aggravated assault involving the pointing of a firearm is a crime of the fourth
degree; aggravated assault against a domestic violence victim is a crime of the
third degree, and aggravated assault involving strangulation is a crime of the
second degree.
���� Under the bill, the assault
statute is amended to simplify its provisions by placing the language
concerning upgraded penalties in better context with the circumstances that
trigger such upgraded penalties.� Further, where simple assault against a
member of a protected category of persons, such as health care workers, first
responders, law enforcement officers, judges, teachers, and certain others, is
upgraded to aggravated assault, these provisions are separated and re-codified
as standalone sections.� Additionally, the bill separates and re-codifies
assault by auto into a standalone section.�
���� Finally, the bill upgrades
simple assault to aggravated assault when it is committed against court staff,
including prosecutors and public defenders.
���� It should be noted that
N.J.S.A.2C:12-1 was originally enacted in 1979, but has been heavily amended
since.� In the sponsor�s view, this reorganization of the assault statute
allows for improved readability, which is in the interest of law enforcement,
judges, attorneys, and the public.