Creates crime of political violence; establishes independent review board and training requirement for law enforcement.

A4428

ASSEMBLY, No. 4428

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblyman� JOHN DIMAIO

District 23 (Hunterdon, Somerset and Warren)

Co-Sponsored by:

Assemblymen Scharfenberger and McGuckin

SYNOPSIS

���� Creates crime of political violence; establishes
independent review board and training requirement for law enforcement.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning political violence and supplementing Title
2C of the New Jersey Statutes and Title 52 of the Revised Statutes.

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

���� 1.��� Political violence.

���� a.� As used in this section:

���� �Political affiliation� means
membership or self-identified support for a political party, candidate,
campaign, or ballot question, or organized participation in electoral processes
including but not limited to voter registration and canvassing.�

���� �Political expression� means
nonviolent expressive activity on public issues, including, but not limited to,
speaking, publishing, attending or organizing a lawful assembly, displaying
signs, donating, or volunteering for civic or advocacy groups.

���� b.� Political violence.� An
actor is guilty of the crime of political violence if, with a purpose to
interfere with or retaliate against a target because of the target�s political
affiliation or expression or the political affiliation or expression of another,
he commits, attempts to commit, or conspires with another to commit
against
the target or other
victim, a family or household member of the target or other victim, or a
bystander
:

���� (1)� N.J.S.2C:11-2 (Criminal
Homicide);

���� (2)� N.J.S.2C:11-3 (Murder);

���� (3)� N.J.S.2C:11-4
(Manslaughter);

���� (4)� N.J.S.2C:11-5 (Death by
auto or vessel);

���� (5)� N.J.S.2C:12-1 (Assault);

���� (6)� N.J.S.2C:13-1
(Kidnapping);

���� (7)� N.J.S.2C:13-2 (Criminal
Restraint);

���� (8)� N.J.S.2C:13-3 (False
Imprisonment);

���� (9)� N.J.S.2C:14-2 (Sexual
Assault or Aggravated Sexual Assault);

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

���� (11)� N.J.S.2C:15-1 (Robbery);

���� (12)� Section 1 of P.l.1993,
c.221 (C.2C:15-2) (Carjacking);

���� (13)� N.J.S.2C:17-1 (Arson and
Related Offenses); or

���� (14)� Section 2 of P.L.2002,
c.26 (C.2C:38-2) (Terrorism).

���� c.� Permissive inference.�
Proof that the victim of the underlying offense was selected by the defendant,
or by another acting in concert with the defendant, because of political
affiliation or expression, or the political affiliation or expression of another
shall give rise to a permissive inference by the trier of fact that the
defendant acted with a purpose to interfere with, or retaliate against the
victim for the victim�s political affiliation or expression or the political
affiliation or expression of another.

���� d.� Grading.� Political
violence is a crime of the fourth degree if the underlying offense referred to
in subsection a. is a disorderly persons offense or petty disorderly persons
offense.� Otherwise, political violence is a crime one degree higher than the
most serious underlying crime referred to in subsection b., except that where
the underlying crime is a crime of the first degree, political violence is a
first-degree crime and the defendant upon conviction thereof 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
years and 30 years.

���� e.� Merger.� Notwithstanding
the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for
political violence shall not merge with a conviction of any of the underlying
offenses referred to in subsection b. of this section, nor shall any conviction
for such underlying offense merge with a conviction for political violence.�
The court shall impose separate sentences upon a conviction for political
violence and a conviction of any underlying offense.

���� f.� It shall not be a defense
to a prosecution for a crime under this section that the defendant was mistaken
as to the political affiliation or expression of the victim.

���� 2.� a.� There is established
an independent review board which shall be known as the �Political Violence
Review Board,� which shall be in but not of the Department of Law and Public
Safety.�

���� (1)� The purpose of the board shall
be to review completed investigations of alleged violations of section 1 of
P.L.��� , c.��� (C.� ) (pending before the Legislature as this bill) and
collect data on such alleged violations.

���� (2)�� The board shall analyze
the collected data to identify any potential disparities in the handling of
complaints based on the race, ethnicity, gender, age, or political affiliation
of the complainant or of any other alleged victim or perpetrator.

���� (3)�� The data collected
pursuant to paragraph (1) of this subsection shall include, to the extent
possible, information concerning the race, ethnicity, gender, age, and
political affiliation of the complainant and any other alleged victim or
perpetrator, and shall include, but not be limited to, data concerning:

���� (a)�� warrants, arrests,
charges, filing of criminal complaints, and indictments;

���� (b)�� dismissed or downgraded
charges;

���� (c)�� cases which proceed to
trial, and the disposition of cases, including convictions and guilty pleas;

���� (d)�� admission to
diversionary programs, including data on program applications, and any
prosecutorial consent or denial for a defendant�s entry into diversionary
programs;

���� (e)�� contact between a
prosecutorial authority and a victim, including data concerning cases involving
victims;

���� (f)�� plea agreement
negotiations, including data concerning plea offers extended and accepted or
rejected by the defendant, plea agreements entered or rejected by the court,
and whether the plea agreements involved probation or incarceration;

���� (g)�� court fees and fines;
and

���� (h)�� restitution amounts
ordered, including any amount collected by the court and paid to a victim.

���� (4)�� The board may request
any relevant information and documents from appropriate law enforcement
agencies.� The board may also seek to interview complainants, alleged
perpetrators, witnesses, and other individuals as the board deems necessary and
appropriate.� The board is entitled to call to its assistance the clerical,
stenographic, and technical support of any employee of the Department of Law
and Public Safety.

���� (5)�� The board may share the
collected data and findings with other recognized entities that collect
nationwide data on political violence events.

���� (6)�� The board shall prepare
and transmit an annual report, including the data collected pursuant to
paragraph (1) of this subsection and any findings pursuant to paragraph (2) of
this subsection, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1),
to the Legislature.�

���� (7)�� The department shall
publish each annual report prepared by the board on its Internet website.

���� (8)�� Nothing in this section
shall be construed to authorize disclosure of any confidential or personal
identifying information.� For the purposes of this section, �personal
identifying information� shall include, but not be limited to, name and any
aliases, address, social security number, telephone number, fax number,
driver's license number, email address, or social media address of any
defendant or victim.

���� b.� (1)� The board shall
consist of 11 members.� No more than six members shall be of the same political
party.� Members shall be appointed as follows.

���� (a)�� two public members
appointed by the Governor based upon the recommendation of the Senate
President;

���� (b)�� two public members
appointed by the Governor based upon the recommendation of the Senate Minority
Leader.

���� (c)�� two public members
appointed by the Governor based upon the recommendation of the Speaker of the
General Assembly;

���� (d)�� two public members
appointed by the Governor based upon the recommendation of the Assembly
Minority Leader

���� (e)�� three public members
appointed by the Governor, one of whom shall have experience in law enforcement
and one who shall have experience with advocating for victim's rights.

���� (2)�� Of the 11 members first
to be appointed, three shall be appointed for terms of two years, four for
terms of three years, and four for terms of four years.� Thereafter, all
appointments shall be made for terms of four years.� Each of these members
shall hold office for the term of the appointment and until a successor shall
have been appointed and qualified.

���� (3)�� Board members shall
serve without compensation but they shall be entitled to reimbursement for
their actual expenses incurred in attending the meetings of the board and in
the performance of their other duties.

���� 3.� a.� The Division of
Criminal Justice shall develop and approve a training course and curriculum on
the handling, investigation and response procedures concerning reports of
violations of section 1 of P.L.��� c.��� (C.������� ) (pending before the
Legislature as this bill) �.� This training course and curriculum shall be
reviewed at least every two years and modified by the Division of Criminal
Justice from time to time as need may require.� The Division of Criminal
Justice shall distribute the curriculum to all local police agencies.

���� b.��� The Attorney General
shall be responsible for ensuring training as follows:

���� (1)�� all law enforcement
officers shall attend initial training within 90 days of appointment or
transfer and annual in-service training of at least four hours as described in
this section.� Once every three years, this in-service training requirement
shall be satisfied through in-person instructor-led training.

���� (2)�� all assistant county
prosecutors shall attend initial training within 90 days of appointment or
transfer and annual in-service training of at least four hours as described in
this section.

���� c.���� The Attorney General
shall provide that all training on the handling of political violence matters
required under this subsection shall include information concerning the impact
of political violence on society, the statutory and case law concerning political
violence.

���� 4. Sections 1 and 2 of this
act shall take effect immediately.� Section 3 shall take effect on the 90th day
following enactment.� The Attorney General may take such anticipatory actions
as may be necessary for the timely implementation of this act.

STATEMENT

���� This bill creates the new
crime of political violence, establishes an independent review board to insure
that political violence is investigated, prosecuted and punished in a fair and
unbiased manner, and establishes a training mandate for law enforcement
officials.�

����
Political violence
.�� Under
the bill, political violence occurs when a person commits, attempts to commit,
or conspires with another to commit specific criminal offenses against the
target or other victim, a family or household member of the target or other
victim, or a bystander with a purpose to interfere with or retaliate against
the victim because of the victims political participation or expression or the
political participation or expression of another.�

���� The following constitute those
specific criminal offenses:

���� (1)� Criminal Homicide;

���� (2)� Murder;

���� (3)� Manslaughter;

���� (4) Death by auto or vessel;

���� (5)� Assault;

���� (6)� Kidnapping;

���� (7)� Criminal Restraint;

���� (8) �False Imprisonment;

���� (9)� Sexual Assault or
Aggravated Sexual Assault;

���� (10)� Aggravated Criminal
Sexual Contact;

���� (11)� Robbery;

���� (12)� Carjacking;

���� (13)� Arson and Related Offenses;
or

���� (14)� Terrorism.

���� Political violence is graded as
a crime one degree higher than the most serious underlying crime.� However,
where the underlying crime is a crime of the first degree, political violence
is a first-degree crime and, upon conviction, the sentenced would be an
ordinary term of imprisonment between 15 years and 30 years, with a presumptive
term of 20 years.�

����
Procedural Elements and
Defenses
.� The bill provides for a permissive inference concerning the
selection of targeted persons by providing that proof that the target of the
underlying offense was selected because of political affiliation or expression
or the political affiliation or expression of another would give rise to the
inference that the defendant acted with purpose to intimidate an individual or
group.

���� The bill would bar the merger
of a conviction for political violence with a conviction of any of the
underlying offenses, and no underlying offense shall merge with a conviction
for political violence.

���� The bill provides that it is
not a defense to a prosecution for political violence that the defendant was
mistaken as to the political affiliation or political expression of the victim.

����
Political Violence Review
Board
.� To ensure oversight and transparency in the investigation of
political violence, the bill further creates the Political Violence Review
Board (board) to review completed investigations of alleged violations of the
newly created crime of political violence and collect data on such alleged
violations.� The board is required to analyze the collected data to identify
any potential disparities in the handling of complaints based on the race,
ethnicity, gender, age, or political affiliation of the complainant or of any
other alleged victim or perpetrator.

���� The board may request any
relevant information and documents from appropriate law enforcement agencies,
interview complainants, alleged perpetrators, witnesses, and other individuals
as the board deems necessary and appropriate, and is entitled to call to its
assistance

the clerical, stenographic, and
technical support of any employee of the Department of Law and Public Safety
(department).

���� The board may share the
collected data and findings with other recognized entities that collect
nationwide data on political violence events.� However, the board is required
to prepare and transmit an annual report, including the data collected and any
findings to the Governor and the Legislature.� The department is required to
publish each annual report prepared by the board on its Internet website.

���� The board would consist of 11
members, with no more than six members shall be of the same political party.�
Members would be appointed as follows.

���� (1)�� two public members
appointed by the Governor based upon the recommendation of the Senate
President;

���� (2)�� two public members
appointed by the Governor based upon the recommendation of the Senate Minority
Leader.

���� (3)�� two public members
appointed by the Governor based upon the recommendation of the Speaker of the
General Assembly;

���� (4)�� two public members
appointed by the Governor based upon the recommendation of the Assembly
Minority Leader

���� (5)�� three public members
appointed by the Governor, one of whom shall have experience in law enforcement
and one who shall have experience with advocating for victim's rights.

���� Except for the initial
appointment as enumerated in the bill, the members would serve for four year
terms and are required to serve without compensation, but they would be
reimbursed for their actual expenses incurred in the performance of their other
duties.�

����
Training Developed by the
Division of Criminal Justice.
� The bill establishes a training mandate for
law enforcement officers and prosecutors who investigate and prosecute
political violence.� The Division of Criminal Justice, within the department,
is responsible for the creation of the training course and curriculum on the
handling, investigation and response procedures concerning reports of
violations of the newly created crime of political violence.�

����
Sponsor�s Intent.
� It
is the intention of the sponsor to penalize the increased tendency for actors
to resort to violence to redress political grievances.� The legislation is not
intended to create restrictions to free speech.� The incidence of attacks on
individuals or groups of individuals on the basis of apparent or perceived
political affiliation or expression is escalating according to experts in the
field of political violence. The series of recent assassinations and attacks
across the states, against elected and appointed officials, as well as private
citizens, include the murder of Charlie Kirk and former Minnesota House of Representatives
Speaker Melissa Hortman and her husband Mark, the attempted murder of Minnesota
State Senator John Hoffman and his wife Yvette, attempts on the life of
President Donald Trump, and the arson attacks on the home of Pennsylvania
Governor Josh Shapiro. According to authoritative research from the University
of Maryland, through the first half of 2025, the United States saw 150 politically
motivated attacks, nearly twice as many as during the same period last year.�