Establishes presumption of knowledge that display of noose or Nazi or Confederate symbol would cause bias intimidation; enhances penalties.

S3706

SENATE, No. 3706

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 2, 2026

Sponsored by:

Senator� BRITNEE N. TIMBERLAKE

District 34 (Essex)

SYNOPSIS

���� Establishes presumption of knowledge that display of
noose or Nazi or Confederate symbol would cause bias intimidation; enhances
penalties.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning bias intimidation, and amending P.L.2001,
c.443.

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

���� 1. (New section) The
Legislature finds and declares that:

���� a. Bias intimidation and bias
crimes are particularly offensive to society not only because they are criminal
acts, but specifically because they are criminal acts motivated by
discrimination and hatred on the basis of the victim�s race, color, religion,
gender, disability, sexual orientation, gender identity or expression, national
origin, or ethnicity.

���� b. Perpetrators of bias crimes
often manifest their motivations through the use of certain symbols that have a
�long and pernicious history as a signal of impending violence� or as a �symbol
of hate,� as recognized by the U.S. Supreme Court in
Virginia v. Black
,
538
U.S.
343 (2003).

���� c. In the context of bias
crimes, it is well documented that displaying a noose is intended to convey an
unmistakable message of intimidation, fear, and racial hatred, by evoking the
history of the vigilante murder of African Americans, which was commonly
carried out through lynchings or hangings.

���� d. Relatedly, it is also well
documented that displays of Confederate symbols are intended to convey an
unmistakable refusal to acknowledge the defeat of the Confederacy following the
Civil War, and to evoke the racist foundation of the Confederacy in the chattel
slavery of African Americans and the desire to return to the era of legalized
slavery and racial segregation.

���� e. Additionally, it is well
documented that displays of Nazi symbols are intended to convey an unmistakable
message of intimidation, fear, and genocidal hatred, by evoking the history of
Nazi Germany and its racist foundation of fascism and anti-Semitism, as
demonstrated by the Holocaust.

���� f. The Legislature therefore
determines that the use of such symbols of hate in connection with the
commission of bias intimidation shall be an aggravating factor deserving of
enhanced punishment under State law.

���� 2. Section 1 of P.L.2001,
c.443 (C.2C:16-1) is amended to read as follows:

���� 2C:16-1. Bias Intimidation.

���� a.���� Bias Intimidation. A
person is guilty of the crime of bias intimidation if he commits, attempts to
commit, conspires with another to commit, or threatens the immediate commission
of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey
Statutes; N.J.S.2C:28-4; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4; or
N.J.S.2C:39-5,

���� (1)�� with a purpose to
intimidate an individual or group of individuals because of race, color,
religion, gender, disability, sexual orientation, gender identity or
expression, national origin, or ethnicity; or

���� (2)�� knowing that the conduct
constituting the offense would cause an individual or group of individuals to
be intimidated because of race, color, religion, gender, disability, sexual
orientation, gender identity or expression, national origin, or ethnicity; or

���� (3)�� under circumstances that
caused any victim of the underlying offense to be intimidated and the victim,
considering the manner in which the offense was committed, reasonably believed
either that (a) the offense was committed with a purpose to intimidate the
victim or any person or entity in whose welfare the victim is interested
because of race, color, religion, gender, disability, sexual orientation,
gender identity or expression, national origin, or ethnicity, or (b) the victim
or the victim�s property was selected to be the target of the offense because
of the victim�s race, color, religion, gender, disability, sexual orientation,
gender identity or expression, national origin, or ethnicity.

���� b.���
(1)

Permissive inference concerning selection of targeted person or property. Proof
that the target of the underlying offense was selected by the defendant, or by
another acting in concert with the defendant, because of race, color, religion,
gender, disability, sexual orientation, gender identity or expression, national
origin, or ethnicity shall give rise to a permissive inference by the trier of
fact that the defendant acted with a purpose to intimidate an individual or
group of individuals because of race, color, religion, gender, disability,
sexual orientation, gender identity or expression, national origin, or
ethnicity.

����
(2) Permissive inference
concerning use of certain symbols. Proof that the defendant, in the course of
committing the underlying offense, possessed, used, or displayed an image or
physical or visual representation of a noose; any symbol, insignia, emblem,
banner, slogan, or flag of the National Socialist German Workers� Party or its
purported successor; or any symbol, insignia, emblem, banner, slogan, or flag
of the Confederate States of America, shall give rise to a permissive inference
by the trier of fact that the defendant knew or should have known that the
defendant�s conduct would cause an individual or group of individuals to be
intimidated because of race, color, religion, gender, disability, sexual
orientation, gender identity or expression, national origin, or ethnicity.

���� c.���� Grading. Bias
intimidation 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, bias intimidation is a crime one degree higher than the
most serious underlying crime referred to in subsection a., except that where
the underlying crime is a crime of the first degree, bias intimidation 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, with a presumptive term of 20 years.

���� d.��� Gender exemption in
sexual offense prosecutions. It shall not be a violation of subsection a. if
the underlying criminal offense is a violation of chapter 14 of Title 2C of the
New Jersey Statutes and the circumstance specified in paragraph (1), (2) or (3)
of subsection a. of this section is based solely upon the gender of the victim.

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

���� f.���� Additional Penalties.
(1)

In addition to any fine imposed pursuant to N.J.S.2C:43-3 or any term of
imprisonment imposed pursuant to N.J.S.2C:43-6, a court may order a person
convicted of bias intimidation to one or more of the following:

����
[
(1)
]

(a)
complete a class or
program on sensitivity to diverse communities, or other similar training in the
area of civil rights;

����
[
(2)
]

(b)
complete a counseling
program intended to reduce the tendency toward violent and antisocial behavior;
and

����
[
(3)
]

(c)
make payments or
other compensation to a community-based program or local agency that provides
services to victims of bias intimidation.

����
(2) In addition to any fine
imposed pursuant to N.J.S.2C:43-3, any term of imprisonment imposed pursuant to
N.J.S.2C:43-6, or any additional penalty imposed pursuant to paragraph (1) of
this subsection, in cases where proof of the use of a symbol has been shown
pursuant to paragraph (2) of subsection b. of this section, a court shall order
a person convicted of bias intimidation to the following:

����
(a) for a first conviction,
a $20,000 fine and completion of class or program on the history of the use of such
symbols in relation to bias intimidation; and

����
(b) for a second or
subsequent conviction, notwithstanding the provisions of section 7 of P.L.1979,
c.441 (C.30:4-123.51), an additional period of six months before the person may
become primarily eligible for parole.

���� g.��� As used in this section
�gender identity or expression� means having or being perceived as having a
gender related identity or expression whether or not stereotypically associated
with a person�s assigned sex at birth.

���� h.��� It shall not be a
defense to a prosecution for a crime under this section that the defendant was
mistaken as to the race, color, religion, gender, disability, sexual
orientation, gender identity or expression, national origin, or ethnicity of
the victim.

(cf: P.L.2020, c.73, s.1)

���� 3. Section 2 of P.L.2007, c.49
(C.43:1-3.1) is amended to read as follows:

���� 2. a. A person who holds or
has held any public office, position, or employment, elective or appointive,
under the government of this State or any agency or political subdivision
thereof, who is convicted of any crime set forth in subsection b. of this section,
or of a substantially similar offense under the laws of another state or the
United States which would have been such a crime under the laws of this State,
which crime or offense involves or touches such office, position or employment,
shall forfeit all of the pension or retirement benefit earned as a member of
any State or locally-administered pension fund or retirement system in which he
participated at the time of the commission of the offense and which covered the
office, position or employment involved in the offense.� As used in this
section, a crime or offense that �involves or touches such office, position or
employment� means that the crime or offense was related directly to the
person�s performance in, or circumstances flowing from, the specific public
office or employment held by the person.

���� �b.�� Subsection a. of this
section applies to a conviction of any of the following crimes:

���� (1)�� Paragraph (4) of
subsection a. of N.J.S.2C:13-5, criminal coercion;

���� (2)�� N.J.S.2C:20-4, theft by
deception, if the amount involved exceeds $10,000;

���� (3)�� Subsection d. of
N.J.S.2C:20-5, theft by extortion;

���� (4)�� N.J.S.2C:20-9, theft by
failure to make required disposition of property received, if the amount
involved exceeds $10,000;

���� (5)�� N.J.S.2C:21-10,
commercial bribery;

���� (6)�� Section 3 of P.L.1994,
c.121 (C.2C:21-25), money laundering;

���� (7)�� Section 97 of P.L.1999,
c.440 (C.2C:21-34), false contract payment claims;

���� (8)�� N.J.S.2C:27-2, bribery
in official matters;

���� (9)�� N.J.S.2C:27-3, threats
and other improper influence in official and political matters;

���� (10) Section 100 of P.L.1999,
c.440 (C.2C:27-9), unlawful official business transaction where interest is
involved;

���� (11) Section 5 of P.L.2003,
c.255 (C.2C:27-10), acceptance or receipt of unlawful benefit by public servant
for official behavior;

���� (12) Section 6 of P.L.2003,
c.255 (C.2C:27-11), offer of unlawful benefit to public servant for official
behavior;

���� (13) N.J.S.2C:28-1, perjury;

���� (14) N.J.S.2C:28-5, tampering
with witnesses;

���� (15) N.J.S.2C:28-7, tampering
with public records or information;

���� (16) N.J.S.2C:29-4,
compounding;

���� (17) N.J.S.2C:30-2, official
misconduct;

���� (18) N.J.S.2C:30-3,
speculating or wagering on official action or information;

���� (19) Section 3 of P.L.2003,
c.31 (C.2C:30-7), pattern of official misconduct;

���� (20) Paragraph (1) of
subsection a. of section 1 of P.L.2007, c.158 (C.2C:27-12), corruption of
public resources, if the amount or value of the public resource is $500,000 or
more;

���� (21) N.J.S.2C:14-2, sexual
assault;

���� (22) N.J.S.2C:14-3, sexual
contact;
[
or
]

���� (23) N.J.S.2C:14-4, lewdness
;

����
(24) Section 1 of P.L.2001,
c.443 (C.2C:16-1), bias intimidation; or

����
(25) Section 2 of P.L.2003,
c.31 (C.2C:30-6), official deprivation of civil rights
.

���� �c.��� A court of this State
shall enter an order of pension forfeiture pursuant to this section:

���� (1)�� Immediately upon a
finding of guilt by the trier of fact or a plea of guilty entered in any court
of this State unless the court, for good cause shown, orders a stay of the
pension forfeiture pending a hearing on the merits at the time of sentencing;
or

���� (2)�� Upon application of the
county prosecutor or the Attorney General, when the pension forfeiture is based
upon a conviction of an offense under the laws of another state or of the
United States.� An order of pension forfeiture pursuant to this paragraph shall
be deemed to have taken effect on the date the person was found guilty by the
trier of fact or pled guilty to the offense.

���� �d.�� No court shall grant a
stay of an order of pension forfeiture pending appeal of a conviction or
pension forfeiture order unless the court is clearly convinced that there is a
substantial likelihood of success on the merits.� If the conviction be reversed
or the order of pension forfeiture be overturned, his pension rights and
benefits shall be restored from the date of pension forfeiture.

���� �e.��� Nothing in this section
shall be deemed to preclude the authority of the board of trustees of any State
or locally-administered pension fund or retirement system created under the
laws of this State from ordering the forfeiture of all or part of the earned
service credit or pension or retirement benefit of any member of the fund or
system for misconduct occurring during the member�s public service pursuant to
the provisions of P.L.1995, c.408 (C.43:1-3 et seq.), including in a case where
the court does not enter an order of forfeiture pursuant to this section.

(cf: P.L.2019, c.190, s.1).

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

STATEMENT

���� This bill amends the State
bias intimidation statute, N.J.S.A.2C:16-1, to establish a presumption of
knowledge that the display of a noose or a Nazi or Confederate symbol would
cause bias intimidation.

���� Under current law, bias
intimidation occurs if a person commits or attempts to commit certain specified
crimes, including, but not limited to, murder, assault, or harassment, either
(1) with a purpose to intimidate an individual or group of individuals because
of race, color, religion, gender, disability, sexual orientation, gender
identity or expression, national origin, or ethnicity; or (2) knowing that the
conduct constituting the underlying crime would cause an individual or group of
individuals to be intimidated because of race, color, religion, gender,
disability, sexual orientation, gender identity or expression, national origin,
or ethnicity.�

���� Under current law, a jury can
infer the defendant�s bias intent if there is proof shown that the defendant
selected the victim because of the victim�s race, color, religion, gender,
disability, sexual orientation, gender identity or expression, national origin,
or ethnicity.�

���� Under current law, bias
intimidation is charged as a separate crime, and is generally charged one
degree higher than that of the underlying crime.� Bias intimidation is also
subject to certain enhanced penalties, including certain mandatory terms of
imprisonment.

���� Under the bill, a jury could
also infer the defendant knew that their conduct in committing the underlying
crime would cause an individual or group of individuals to be intimidated
because of race, color, religion, gender, disability, sexual orientation,
gender identity or expression, national origin, or ethnicity, where proof is
shown that the defendant possessed, used, or displayed an image or physical or
visual representation of a noose; any symbol, insignia, emblem, banner, slogan,
or flag of the Nazi Party or its purported successor; or any symbol, insignia,
emblem, banner, slogan, or flag of the Confederate States of America.�

���� Under the bill, a person
convicted of bias intimidation while using such symbols would, in addition to
existing penalties, also be subject to a sentencing enhancement of an
additional $20,000 fine and completion of a course on the history of hate
symbols, and, for a second or subsequent offense, an additional six months of
parole ineligibility.� The bill also adds bias intimidation and official
deprivation of civil rights to the list of crimes for which, if committed by a
public employee, a conviction will result in pension forfeiture.