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A4542 FISCAL ESTIMATE
LEGISLATIVE FISCAL ESTIMATE
ASSEMBLY, No. 4542
STATE OF NEW JERSEY
222nd LEGISLATURE
DATED: JUNE 10, 2026
SUMMARY
Synopsis:
Makes it fourth degree crime to engage in certain tracking
and location activities.
Type of Impact:
Annual State expenditure and revenue increases. Annual
local expenditure increase.
Agencies Affected:
Department of Law and Public Safety; county and municipal governments;
the Judiciary; Office of the Public Defender; Department of Corrections;
State Parole Board.
Office of
Legislative Services Estimate
Fiscal Impact
�
Annual
�
State Cost Increase
Indeterminate
State Revenue
Increase
Indeterminate
Local Cost Increase
Indeterminate
�
The Office of Legislative Services (OLS) concludes that making
the use of an electronic tracking device or tracking application for an
unlawful purpose a crime of the fourth degree will result in an indeterminate
annual increase in State expenditures and revenues.� The OLS lacks sufficient
information to quantify the fiscal impact, as it is not possible to know how
many individuals will be prosecuted, tried, and sentenced for the crime
established by the bill.
�
The following State and local agencies would incur caseload and
expenditure increases: a) the Department of Law and Public Safety would issue
additional guidance and other information related to the investigation and
prosecution of the cases; b) municipal police would have to make more arrests
and, therefore, utilize more resources; c) county prosecutors would have to
prosecute additional cases; d) the Judiciary would have to adjudicate
additional complaints and monitor additional probationers; e) the Office of the
Public Defender would have to represent additional low-income criminal
defendants; f) the Department of Corrections would have to house and care for
more individuals who are sentenced to prison terms; and g) the State Parole
Board would have to supervise the return to society of additional offenders.
�
The OLS also notes the State may receive indeterminate revenue
from fines imposed on individuals convicted of this crime; however, the State�s
ability to collect fines has historically been limited.
BILL DESCRIPTION
����� Under the bill, it is a crime of the fourth degree for
a person to knowingly install or place, or cause to be installed or placed, an
electronic tracking device or tracking application to track or determine the
location of another person in order to initiate or facilitate an unlawful act.�
The bill specifies the uses of an electronic tracking device or tracking
application that are considered useful.
����� The bill establishes a permissive inference (for
consideration by a jury) that the use of a tracking device or application to
conduct surreptitious surveillance of another person was to initiate or
facilitate an unlawful act, such as stalking or harassment.�
����� The bill would exempt actions involving State or local
government entities and equipment owned, leased, or operated by those entities,
as the bill indicates that the provisions which criminalize tracking or
location spotting activities would not be applicable to such entities.� The
bill also provides that several enumerated parties, and certain uses related to
those parties, would be deemed to be lawful.� The bill specifies that a failure
by an employer to comply with the written notice requirement established under
the bill, or any other requirements pursuant to State or federal law or
regulation would only be considered a violation of the law or regulation, and would
not be punishable as a crime under the bill.
����� The bill delineates how the person to be tracked or
located is required to provide consent, and specifies the instances when a
person�s consent is presumed to be revoked.
����� State or local government entities and equipment,
leased, owned, or operated by those entities are excepted from the bill�s
provisions.
����� A crime of the fourth degree is punishable by a term
of imprisonment of up to 18 months, a fine of up to $10,000, or both.
FISCAL ANALYSIS
EXECUTIVE BRANCH
����� None received.
OFFICE OF LEGISLATIVE SERVICES
����� The OLS concludes that making the use of an electronic
tracking device or tracking application for an unlawful purpose a crime of the
fourth degree will result in an indeterminate annual increase in State
expenditures and revenues.� The OLS lacks sufficient information to quantify
the fiscal impact, as it is not possible to know how many individuals will be
prosecuted, tried, and sentenced for the crime established by the bill.
����� The following State and local agencies would likely incur
caseload and expenditure increases as a result of the creation of this new
crime: a) the Department of Law and Public Safety would likely issue additional
guidance and other information related to the investigation and prosecution of
the cases; b) municipal police would have to make more arrests and, therefore,
utilize more resources; c) as an indictable offense, county prosecutors would
have to prosecute additional cases; d) the Judiciary would have to adjudicate
additional complaints and monitor additional probationers; e) the Office of the
Public Defender would have to represent additional low-income criminal
defendants; f) the Department of Corrections would have to house and care for
more individuals who are sentenced to prison terms; and g) the State Parole
Board would have to supervise the return to society of additional offenders.�
The OLS notes that there could be instances in which the Department of Law and
Public Safety prosecutes the cases, under special circumstances.
����� A crime of the fourth degree is punishable by a term
of imprisonment of up to 18 months, a fine of up to $10,000, or both.�
Generally, a presumption of non-incarceration applies to first-time offenders
of crimes of the fourth degree.� The OLS finds that to the extent that the bill
will result in additional incarcerations, based on information provided by the
Department of Corrections, the average annual cost of incarceration is
projected to be $78,848 per incarcerated person in FY 2026 and the marginal
cost of housing one additional incarcerated person, accounting for food,
clothing, and wages is projected to be $4,385.
����� According to the State Parole Board, the annual
average marginal cost to supervising one additional parolee is estimated at
$4,002 for FY 2026.� The average cost per parolee, with all overhead costs
included, is estimated at $6,884 for FY 2026.
����� The OLS also notes the State may receive indeterminate
revenue from fines imposed on individuals convicted of this crime; however, the
State�s ability to collect fines has historically been limited.
Section:
Judiciary
Analyst:
Emely Ramirez
Associate
Research Analyst
Approved:
Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the
Office of Legislative Services due to the failure of the Executive Branch to
respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980,
c.67 (C.52:13B-6 et seq.).