Clarifies that school bus for purpose of upgraded penalties in "school zone" criminal drug laws includes any bus owned and operated by board of education or by private contractor.

S3343

SENATE, No. 3343

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Senator� SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Senator Diegnan

SYNOPSIS

���� Clarifies that school bus for purpose of upgraded
penalties in �school zone� criminal drug laws includes any bus owned and
operated by board of education or by private contractor.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

creating certain drug offenses and amending P.L.1987, c.101 and N.J.S.2C:35-10.

����
Be It Enacted

by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.1987,
c.101 (C.2C:35-7) is amended to read as follows:

���� 1.��� a.�� Any person who
violates subsection a. of N.J.S.2C:35-5 by distributing, dispensing or
possessing with intent to distribute a controlled dangerous substance or
controlled substance analog while 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 or a school bus, or
while on any school bus, is guilty of a crime of the third degree and shall,
except as provided in N.J.S.2C:35-12, be sentenced by the court to a term of
imprisonment.� Where the violation involves less than one ounce of marijuana,
the 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,
or one year, whichever is greater, during which the defendant shall be
ineligible for parole.� In all other cases, the 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, or three years, whichever is
greater, during which the defendant shall be ineligible for parole.�
Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up
to $150,000 may also be imposed upon any conviction for a violation of this
section.

���� b.��� (1) Notwithstanding the
provisions of N.J.S.2C:35-12 or subsection a. of this section, the court may
waive or reduce the minimum term of parole ineligibility required under
subsection a. of this section or place the defendant on probation pursuant to
paragraph (2) of subsection b. of N.J.S.2C:43-2.� In making this determination,
the court shall consider:

���� (a)�� the extent of the
defendant�s prior criminal record and the seriousness of the offenses for which
the defendant has been convicted;

���� (b)�� the specific location of
the present offense in relation to the school property, including distance from
the school and the reasonable likelihood of exposing children to drug-related
activities at that location;

���� (c)�� whether school was in
session at the time of the offense; and

���� (d)�� whether children were
present at or in the immediate vicinity of the location when the offense took
place.

���� (2)�� The court shall not
waive or reduce the minimum term of

parole ineligibility or sentence
the defendant to probation if it finds that:

���� (a)�� the offense took place
while on any school property used for school purposes which is owned by or
leased to any elementary or secondary school or school board, or while on any
school bus; or

���� (b)�� the defendant in the
course of committing the offense used or threatened violence or was in
possession of a firearm.

���� If the court at sentencing
elects not to impose a minimum term of imprisonment and parole ineligibility
pursuant to this subsection, imposes a term of parole ineligibility less than
the minimum term prescribed in subsection a. of this section, or places the
defendant on probation for a violation of subsection a. of this section, the
sentence shall not become final for 10 days in order to permit the prosecution
to appeal the court�s finding and the sentence imposed.� The Attorney General
shall develop guidelines to ensure the uniform exercise of discretion in making
determinations regarding whether to appeal a decision to waive or reduce the
minimum term of parole ineligibility or place the defendant on probation.

���� Nothing in this subsection
shall be construed to establish a basis for overcoming a presumption of
imprisonment authorized or required by subsection d. of N.J.S.2C:44-1, or a
basis for not imposing a term of imprisonment or term of parole ineligibility authorized
or required to be imposed pursuant to subsection f. of N.J.S.2C:43-6 or upon
conviction for a crime other than the offense set forth in this subsection.

���� c.���� Notwithstanding the
provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising
under this section shall not merge with a conviction for a violation of
subsection a. of N.J.S.2C:35-5 (manufacturing, distributing or dispensing) or
N.J.S.2C:35-6 (employing a juvenile in a drug distribution scheme).

���� d.��� It shall be no defense
to a prosecution for a violation of this section that the actor was unaware
that the prohibited conduct took place while on or within 1,000 feet of any
school property.� Nor shall it be a defense to a prosecution under this section,
or under any other provision of this title, that no juveniles were present on
the school property at the time of the offense or that the school was not in
session.

���� e.���� It is an affirmative
defense to prosecution for a violation of this section that the prohibited
conduct took place entirely within a private residence, that no person 17 years
of age or younger was present in such private residence at any time during the
commission of the offense, and that the prohibited conduct did not involve
distributing, dispensing or possessing with the intent to distribute or
dispense any controlled dangerous substance or controlled substance analog for
profit.� The affirmative defense established in this section shall be proved by
the defendant by a preponderance of the evidence.� Nothing herein shall be
construed to establish an affirmative defense with respect to a prosecution for
an offense defined in any other section of this chapter.

���� f.���� In a prosecution under
this section, a map produced or reproduced by any municipal or county engineer
for the purpose of 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, or a true copy of
such a map, shall, upon proper authentication, be admissible and shall
constitute prima facie evidence of the location and boundaries of those areas,
provided that the governing body of the municipality or county has adopted a
resolution or ordinance approving the map as official finding and record of the
location and boundaries of the area or areas on or within 1,000 feet of the
school property.� Any map approved pursuant to this section may be changed from
time to time by the governing body of the municipality or county.� The original
of every map approved or revised pursuant to this section, or a true copy
thereof, shall be filed with the clerk of the municipality or county, and shall
be maintained as an official record of the municipality or county.� Nothing in
this section shall be construed to preclude the prosecution from introducing or
relying upon any other evidence or testimony to establish any element of this
offense; nor shall this section be construed to preclude the use or
admissibility of any map or diagram other than one which has been approved by
the governing body of a municipality or county, provided that the map or
diagram is otherwise admissible pursuant to the Rules of Evidence.

����
g.��� As used in this
section, �school bus� includes any bus owned and operated by a board of
education or owned and operated by a private contractor for the purpose of
transporting students to and from a school or transporting students to and from
school-related activities, including, but not limited to, field trips, athletic
events or other school-sanctioned events.

(cf: P.L.2009, c.192, s.1)

���� 2.��� N.J.S.2C:35-10 is
amended to read as follows:

���� 2C:35-10.� Possession, Use or
Being Under the Influence, or Failure to Make Lawful Disposition.

���� a.���� It is unlawful for any
person, knowingly or purposely, to obtain, or to possess, actually or
constructively, a controlled dangerous substance or controlled substance
analog, unless the substance was obtained directly, or pursuant to a valid
prescription or order from a practitioner, while acting in the course of his
professional practice, or except as otherwise authorized by P.L.1970, c.226
(C.24:21-1 et seq.).� Any person who violates this section with respect to:

���� (1)�� A controlled dangerous
substance, or its analog, classified in Schedule I, II, III or IV other than
those specifically covered in this section, is guilty of a crime of the third
degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3,
a fine of up to $35,000 may be imposed;

���� (2)�� Any controlled dangerous
substance, or its analog, classified in Schedule V, is guilty of a crime of the
fourth degree except that, notwithstanding the provisions of subsection b. of
N.J.S.2C:43-3, a fine of up to $15,000 may be imposed;

���� (3) (a) Prior to the effective
date of P.L.2021, c.19 (C.2C:35-23.1 et al.), possession of more than 50 grams
of marijuana, including any adulterants or dilutants, or more than five grams
of hashish is guilty of a crime of the fourth degree, except that,
notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up
to $25,000 may be imposed;

���� (b)�� On and after to the
effective date of P.L.2021, c.19 (C.2C:35-23.1 et al.), possession of more than
six ounces of marijuana, including any adulterants or dilutants, or more than
17 grams of hashish is guilty of a crime of the fourth degree, except that, notwithstanding
the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $25,000 may
be imposed;

���� (i)��� The odor of marijuana
or hashish, or burnt marijuana or hashish, shall not constitute reasonable
articulable suspicion to initiate a search of a person to determine a violation
of subparagraph (b) of paragraph (3) of this subsection.� A person who violates
this paragraph shall not be subject to arrest, detention, or otherwise be taken
into custody, unless the person is being arrested, detained, or otherwise taken
into custody for also committing another violation of law for which that action
is legally permitted or required;

���� (ii)�� A person shall not be
deprived of any legal or civil right, privilege, benefit, or opportunity
provided pursuant to any law solely by reason of committing a violation of
subparagraph (b) of paragraph (3) of this subsection, nor shall committing one
or more violations modify any legal or civil right, privilege, benefit, or
opportunity provided pursuant to any law, including, but not limited to, the
granting, renewal, forfeiture, or denial of a license, permit, or
certification, qualification for and the receipt, alteration, continuation, or
denial of any form of financial assistance, housing assistance, or other social
services, rights of or custody by a biological parent, or adoptive or foster
parent, or other legal guardian of a child or newborn infant, or pregnant
woman, in any action or proceeding by the Division of Child Protection and
Permanency in the Department of Children and Families, or qualification,
approval, or disapproval to serve as a foster parent or other legal guardian;

���� (iii) All local and county law
enforcement authorities shall, following the submission process used for the
uniform crime reporting system established by P.L.1966, c.37 (C.52:17B-5.1 et
seq.), submit a quarterly report to the Uniform Crime Reporting Unit, within
the Division of State Police in the Department of Law and Public Safety, or to
another designated recipient determined by the Attorney General, containing the
number of violations of subparagraph (b) of paragraph (3) of this subsection
committed within their respective jurisdictions, plus the race, ethnicity,
gender, and age of each person committing a violation, and the disposition of
each person's violation.� These violations and associated information, along
with a quarterly summary of violations investigated, and associated information
collected, by the Division of State Police for the same period shall be
summarized by county and municipality in an annual report, and both quarterly
summaries and annual reports shall be made available at no cost to the public
on the Division of State Police�s Internet website; or

���� (4) (a) Prior to the effective
date of P.L.2021, c.19 (C.2C:35-23.1 et al.), possession of 50 grams or less of
marijuana, including any adulterants or dilutants, or five grams or less of
hashish is a disorderly person; or

���� (b)�� On and after the
effective date of P.L.2021, c.19 (C.2C:35-23.1 et al.), possession of six
ounces or less of marijuana, including any adulterants or dilutants, or 17
grams or less of hashish is not subject to any punishment, as this possession
is not a crime, offense, act of delinquency, or civil violation of law; or

���� (5)�� Possession of one ounce
or less of psilocybin is a disorderly persons offense.

���� Any person who commits any
offense set forth in paragraphs (1) through (3) of this subsection while on any
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 any such school
property or a school bus, or while on any school bus, and who is not sentenced
to a term of imprisonment, shall, in addition to any other sentence which the
court may impose, be required to perform not less than 100 hours of community
service.

���� b. (1) Any person who uses or
who is under the influence of any controlled dangerous substance, or its
analog, not including marijuana or hashish, for a purpose other than the
treatment of sickness or injury as lawfully prescribed or administered by a physician
is a disorderly person.

���� In a prosecution under this
subsection, it shall not be necessary for the State to prove that the accused
did use or was under the influence of any specific, prohibited drug, but it
shall be sufficient for a conviction under this subsection for the State to
prove that the accused did use or was under the influence of some prohibited
controlled dangerous substance, counterfeit controlled dangerous substance, or
controlled substance analog, by proving that the accused did manifest physical
and physiological symptoms or reactions caused by the use of any prohibited
controlled dangerous substance or controlled substance analog.

���� (2)�� Notwithstanding that
using or being under the influence of marijuana or hashish is not a punishable
crime, offense, act of delinquency, or civil violation pursuant to this
subsection, the smoking, vaping, or aerosolizing of marijuana or hashish may be
prohibited or otherwise regulated on or in any property by the person or entity
that owns or controls that property, including multifamily housing that is a
multiple dwelling as defined in section 3 of P.L.1967, c.76 (C.55:13A-3), the
structure or specific units of the structure of a cooperative as defined in
section 3 of P.L.1987, c.381 (C.46:8D-3), the units of a condominium, as those
terms are defined by section 3 of P.L.1969, c.257 (C.46:8B-3), or a site in a
mobile home park as defined in section 3 of P.L.1983, c.386 (C.40:55D-102),
which site is leased to the owner of a manufactured home, as defined in that
section, that is installed thereon.

���� c.���� Any person who
knowingly obtains or possesses a controlled dangerous substance or controlled
substance analog in violation of paragraph (1) or (2) of subsection a. of this
section and who fails to voluntarily deliver the substance to the nearest law
enforcement officer is guilty of a disorderly persons offense.� Nothing in this
subsection shall be construed to preclude a prosecution or conviction for any
other offense defined in this title or any other statute.

����
As used in this section,
�school bus� includes any bus owned and operated by a board of education or
owned and operated by a private contractor for the purpose of transporting
students to and from a school or transporting students to and from school-related
activities, including, but not limited to, field trips, athletic events or
other school-sanctioned events.

(cf: P.L.2021, c.19, s.2)

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

STATEMENT

���� This bill amends the �school
zone� laws which upgrade criminal penalties for selling or possessing
controlled dangerous substances while on or near school property and school
buses.� The bill adds language to clarify that �school bus� includes any bus owned
and operated by a board of education or owned and operated by a private
contractor for the purpose of transporting students to and from a school or
transporting students to and from school-related activities, including, but not
limited to, field trips, athletic events or other school-sanctioned events.

���� The sponsor was prompted to
seek this clarification following an incident in which a school bus driver in
Hamilton was arrested for smoking marijuana while driving a school bus on a
field trip.�