Includes Sikhs as protected class in bias intimidation law; appropriates $100,000.

S4005

SENATE, No. 4005

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 19, 2026

Sponsored by:

Senator� ANGELA V. MCKNIGHT

District 31 (Hudson)

Senator� RENEE C. BURGESS

District 28 (Essex and Union)

Co-Sponsored by:

Senators Diegnan, McKeon, Stack, Moriarty, Tiver,
Polistina, Lagana, Wimberly, Timberlake, B.Smith and Cruz-Perez

SYNOPSIS

���� Includes Sikhs as protected class in bias
intimidation law; appropriates $100,000.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning bias intimidation, amending N.J.S.2C:16-1
and P.L.2017, c.95, supplementing Title 2C of the New Jersey Statutes, and
making an appropriation.

Whereas,

Sikhism is a monotheistic, pragmatic, non-dharmic ethno-religion that was
founded by Guru Nanak in the 15th century in the Punjab region; and

Whereas,

Sikhs are commonly identified as wearing turbans, long beards or mustaches (for
men), karas (iron bracelets) on their wrists, or kirpans (small daggers), or a
combination of these items; though others may be seen without a turban or
facial hair; and

Whereas,

Anti-Sikh prejudice is a type of bigotry that is characterized by acts of
hatred or disparagement towards expressions of Sikhism or perceptions of
Sikhism on the basis of actual or perceived origin, shared ancestry, or ethnic
characteristics with the religious group; and

Whereas,

Anti-Sikh hate is any incident or
crime committed against Sikhs, those perceived to be Sikh people, gurdwaras, Sikh
organizations, or property owned by Sikhs which is religiously or racially
motivated by hostility, hatred, or prejudice against Sikhs; and

Whereas,

Cultural and religious illiteracy, coupled with a distinct visible identity in
the form of a turban, has led to xenophobic violence against Sikhs since their
arrival in this country more than a century ago; and

Whereas,

Following the September 11th terrorist attacks in the United States, Sikhs have
been frequent targets of anti-Muslim hate and Islamophobia, as Sikhs, who are
not Muslims, were erroneously equated with Islamic radicals, extremists, and
terrorists; and

Whereas,

Confusing Sikhism with radical Islamists and Arabs, treating or considering
Sikhs as another form of Muslims, and hostility and fear of Sikhs were then,
and still are growing concerns as hatred or severe disparagement towards Sikh
persons, their culture, history or heritage remains extremely problematic; and

Whereas,

During the COVID-19 pandemic, racist and discriminatory attacks have risen
against Asian communities, including Sikhs, a majority of which are attributed
to lack of knowledge; and

Whereas,

The Federal Bureau of Investigations (�FBI�) Director, Christopher A. Wray,
noted during a hearing on transnational repression that cases of hate crime are
often misunderstood and also chronically under-reported for communities like
Sikhs; and

Whereas,

On October 16, 2023, the FBI released its annual report of hate crime
statistics, which recorded 198 anti-Sikh hate crime incidents; and

Whereas,

According to the FBI report, Sikhs remain the second-most targeted group in the
nation for religiously-motivated hate crime incidents; and

Whereas,

The FBI further noted the exponential rise of hatred, prejudice and bigotry
towards the Sikh community through transnational repression, being elevated by organized
entities and hate groups continues; and

Whereas,

Discrimination, harassment, prejudice, and unequal treatment of Sikh persons or
Sikh-majority communities, exclusion of Sikh persons or Sikh-majority
communities from major political and social spheres due to their physical
attire, and the making of mendacious, dehumanizing, demonizing, or
stereotypical allegations about Sikhs, as a collective group, are other forms
of Anti-Sikh conduct; and

Whereas,

These prejudicial acts may include, but are not limited to conspiracies about
Sikh entry into politics, government, or other societal institutions, the myth
of Sikh identity having a unique propensity for terrorism, and claims of a
demographic threat posed by Sikhs or of a Sikh takeover, and the rhetorical,
violent, or physical anti-Sikh manifestations directed against Sikh or non-Sikh
individuals, their property, Sikh community institutions, and religious
facilities; and

Whereas,

New Jersey is home to approximately 100,000 Sikhs, which is one of the largest
Sikh populations in the United States; and

Whereas,

According to a recent survey most of the Sikh children in New Jersey public
schools have not learned or learned very little about Sikhism; and

Whereas,

The lack of culture and history curriculum on Sikhism in mainstream courses at
New Jersey public schools has perpetuated violence, intolerance, and increased
cases of bullying year after year against children who practice this religion;
and

Whereas,

The lack of Sikhism education in the New Jersey public school system could be
related to the increased cases of hate, bullying, discrimination and rise in
Islamophobic remarks against Sikhs; and

Whereas,

The State of New Jersey has a strong interest in protecting individuals and
groups of individuals from hatred, bigotry and discrimination; now, therefore,

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

���� 1.��� N.J.S.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
their membership
within a protected class, including but not limited to,
race, color,
religion, gender, disability, sexual orientation, gender identity or
expression, national origin,
[
or
]
ethnicity
,
or Sikhism
; or

���� (2)�� knowing that the conduct
constituting the offense would cause an individual or group of individuals to
be intimidated because of
their membership within a protected class,
including but not limited to,
race, color, religion, gender, disability,
sexual orientation, gender identity or expression, national origin,
[
or
]
ethnicity
,
or Sikhism
; 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
their membership within a protected class, including but not
limited to,
race, color, religion, gender, disability, sexual orientation,
gender identity or expression, national origin,
[
or
]
ethnicity
, or Sikhism
; or
(b) the victim or the victim's property was selected to be the target of the
offense because of the victim's
membership within a protected class,
including but not limited to,
race, color, religion, gender, disability,
sexual orientation, gender identity or expression, national origin,
[
or
]
ethnicity
,
or Sikhism
.

���� b.��� 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
the target�s membership within a
protected class, including but not limited to,
race, color, religion,
gender, disability, sexual orientation, gender identity or expression, national
origin,
[
or
]
ethnicity
,
or Sikhism
, 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
their membership within a protected class, including
but not limited to,
race, color, religion, gender, disability, sexual orientation,
gender identity or expression, national origin,
[
or
]
ethnicity
, or Sikhism
.

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

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

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

���� 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
,
or Sikhism
of the victim.

����
i.���� All local, county,
and State law enforcement entities in New Jersey shall report all violations
under N.J.S.2C:16-1 to the State and federal law enforcement agencies
responsible for preparing bias crime reports.

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

���� 2.� (New section) The Office
of Attorney General shall, in consultation with the Department of Education:

���� (1) �develop training, for the
dissemination to county and local law enforcement agencies, on Sihkism, which
shall include, but not limited to, visible Sikh identity features, including turbans,
bracelets, moustaches, beard, and physical attire, and the classification
of bias intimidation cases as anti-Sikh, to prevent the misclassification of hate
and bias incidents.

���� (2) �coordinate with other State
agencies and departments in the creation of a public awareness campaign and
educational initiatives on Sikhism; and

���� (3) �annually report to the
Governor, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and to the Legislature
on the public awareness campaign, educational initiatives on Sikhism executed through
the public awareness campaign across different public platforms, and on the
steps taken to include Sikhism education across curriculum standards in
different grades across township boards of education within this State.

���� 3.��� Section 1 of P.L.2017,
c.95 (C.52:32-18.1) is amended to read as follows:

���� 1.���
a.
�There is
established in the Division of Purchase and Property in the State Department of
the Treasury a Chief Diversity Officer.�

����
b.
� It shall be the
duty of the Chief Diversity Officer to
:

����
(1)
�monitor the
State's public contracting process for the purpose of compiling information on
the awarding of contracts to minority-owned and women-owned business
enterprises, the total value of all contracts and the percentage of the value
of those contracts awarded to minority-owned and women-owned business
enterprises
;

����
(2) �ensure that each
public entity of this State, and political subdivision thereof, incorporate the
definition for anti-Sikh hate into the bias intimidation policy of the public
entity; and

����
(3) �ensure that the
definition of anti-Sikh hate be incorporated into the diversity, equity, and
inclusivity promotion policies in any program offered by the State, and any
political subdivision thereof.�

(cf: P.L.2017, c.95, s.1)

���� 4.� The New Jersey Office of
Attorney General, in consultation with the New Jersey field office of the
Federal Bureau of Investigation and the New Jersey Office of Homeland Security
and Preparedness, shall develop a transnational repression recognition and
response training program that is to include how to identify different tactics
of transnational repression and best practices for appropriate county, local
and state law enforcement prevention, reporting, and response tactics.

���� 5.��� There shall be
appropriated annually for three consecutive years following the enactment of
P.L.��� , c.���� (C.������� ) (pending before the Legislature as this bill)
from the General Fund the sum of $100,000 to the Office of the Attorney General
to fund Sikh awareness educational initiatives and outreach efforts to the Sikh
community.

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

STATEMENT

���� This bill amends
N.J.S.A.2C:16-1, the crime of bias intimidation,

to specifically include Sikhism in
the protected classes set forth in the statute.

���� Sikhism is the monotheistic
religion founded in India in the 15th century by Guru Nanak.� New Jersey is
home to approximately 100,000 Sikhs, which is one of the largest Sikh
populations in the United States.� On October 16, 2023, the Federal Bureau of
Investigation (�FBI�) released its annual report of hate crime statistics,
which recorded 198 anti-Sikh hate crime incidents.� According to the FBI
report, Sikhs remain the second-most targeted group in the nation for
religiously-motivated hate crime incidents.

���� Current law enumerates the
protected classes of race, color, religion, gender, disability, sexual
orientation, gender identity or expression, national origin, and ethnicity in
the bias intimidation statute.

���� Under the provisions of the
bill, a person is guilty of the crime of bias intimidation if he commits,
attempts, conspires, or threatens the immediate commission of certain specified
offenses with a purpose to intimidate an individual or group because of their
membership within a protected class, including but not limited to, race, color,
religion, gender, disability, sexual orientation, gender identity or
expression, national origin, ethnicity, or Sikhism, or knowing that the conduct
would cause an individual or group to be intimidated on that basis or under
circumstances in which the victim believes he was targeted on that basis.

���� Pursuant to this bill, all
local, county, and State law enforcement entities in New Jersey are to report
all violations under the statute to the State and federal law enforcement
agencies responsible for preparing bias crime reports.

���� Further, this bill sets forth
that the Office of Attorney General, in consultation with the Department of
Education, is to:

���� (1) �develop training, for the
dissemination to county and local law enforcement agencies, on Sihkism, which
shall include, but not limited to, visible Sikh identity features, including
turbans, bracelets, moustaches, beard, and physical attire, and the classification
of bias intimidation cases as anti-sikh, to prevent the misclassification of
hate and bias incidents.

���� (2) �coordinate with other
State agencies and departments in the creation of a public awareness campaign
and educational initiatives on Sikhism; and

���� (3) �annually report to the
Governor and the Legislature on the public awareness campaign,educational
initiatives on Sikhism executed through the public awareness campaign across
different public platforms, and on the steps taken to include Sikhism education
across curriculum standards in different grades across township boards of
education within this State.

���� Pursuant to this bill, the New
Jersey Office of Attorney General, in consultation with the New Jersey field
office of the Federal Bureau of Investigation and the New Jersey Office of
Homeland Security and Preparedness, shall develop a transnational repression
recognition and response training program that is to include how to identify
different tactics of transnational repression and best practices for
appropriate county, local and state law enforcement prevention, reporting, and
response tactics.

���� Current law establishes within
the Division of Purchase and Property in the State Department of the Treasury,
the position of Chief Diversity Officer.� This bill expands the Chief Diversity
Officer�s responsibilities to include: ensuring that each public entity of this
State incorporate the definition for anti-Sikh hate into the bias intimidation
policy of the public entity; and ensuring that the definition of anti-Sikh hate
is incorporated into the diversity, equity, and inclusivity promotion policies
in any program offered by the State or any political subdivision of the State.

���� This bill appropriates
$100,000, for three consecutive years following enactment, from the General
Fund to the Office of the Attorney General to fund Sikh awareness educational
initiatives and outreach efforts to the Sikh community.