Clarifies that bribery statute applies to unlawful gratuities received either before or after official acts.

S4011

SENATE, No. 4011

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 19, 2026

Sponsored by:

Senator� JOSEPH F. VITALE

District 19 (Middlesex)

SYNOPSIS

���� Clarifies that bribery statute applies to unlawful
gratuities received either before or after official acts.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning bribery and amending N.J.S.2C:27-2.

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

���� 1. �N.J.S.2C:27-2 is amended
to read as follows:

���� 2C:27-2. Bribery in Official
and Political Matters. A person is guilty of bribery if he directly or
indirectly offers, confers or agrees to confer upon another, or solicits,
accepts or agrees to accept from another:

���� a. �Any benefit as
consideration for a decision, opinion, recommendation, vote or exercise of
discretion of a public servant, party official or voter on any public issue or
in any public election; or

���� b. �Any benefit as
consideration for a decision, vote, recommendation or exercise of official
discretion in a judicial or administrative proceeding; or

���� c. �Any benefit as
consideration for a violation of an official duty of a public servant or party
official; or

���� d. �Any benefit as
consideration for the performance of official duties.

���� For the purposes of this
section �benefit as consideration� shall be deemed to mean
:

����
(1)
�any benefit not
authorized by law
; and

����
(2) �any such benefit
regardless of when the benefit was received, whether before or after any
decision, opinion, recommendation, vote, exercise of discretion, or violation
of official duty as set forth in subsections a. through d. of this section
.

���� It is no defense to
prosecution under this section that a person whom the actor sought to influence
was not qualified to act in the desired way whether because he had not yet
assumed office, or lacked jurisdiction, or for any other reason.

���� In any prosecution under this
section of an actor who offered, conferred or agreed to confer, or who
solicited, accepted or agreed to accept a benefit, it is no defense that he did
so as a result of conduct by another constituting theft by extortion or coercion
or an attempt to commit either of those crimes.

���� Any offense proscribed by this
section is a crime of the second degree. �If the benefit offered, conferred,
agreed to be conferred, solicited, accepted or agreed to be accepted is of the
value of $200.00 or less, any offense proscribed by this section is a crime of
the third degree.

(cf: P.L.1979, c.178, s.48)

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

STATEMENT

���� This bill amends the bribery
statute to clarify that it is an offense to receive any benefits as
consideration for past official acts as well as any benefits as consideration
for future official acts.

���� Under current law, a person is
guilty of bribery if he directly or indirectly offers, confers or agrees to
confer upon another, or solicits, accepts or agrees to accept from another: (a)
any benefit as consideration for a decision, opinion, recommendation, vote or
exercise of discretion of a public servant, party official or voter on any
public issue or in any public election; (b) any benefit as consideration for a
decision, vote, recommendation or exercise of official discretion in a judicial
or administrative proceeding; (c) any benefit as consideration for a violation
of an official duty of a public servant or party official; or (d) any benefit
as consideration for the performance of official duties.� Under current law,
the term �benefit as consideration� means any benefit not authorized by law.

���� Recently, in
Snyder v.
United States
, 144 S. Ct. 1947 (2024), the United States Supreme Court held
that the federal bribery statute only applies to criminalize instances when a
benefit is given or promised before an official act, but does not apply to
instances where a benefit is conferred after the official act.

���� This bill amends State law to
make it clear that New Jersey�s criminal bribery statute penalizes all
instances where a person directly or indirectly offers, confers, or agrees to
confer upon another, or solicits, accepts, or agrees to accept from another any
benefit as consideration regardless of whether the benefit was received before
or after the official act.