Signed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that amends and increases penalties for assaulting law enforcement officers in New Jersey.

Highlights:

• Increases penalties for assault on law enforcement officers, firefighters, court service officers, or emergency medical service personnel that result in serious bodily injury from a third-degree to a second-degree felony crime (Sec. 1-2).

• Prohibits convictions for assault on law enforcement officers from merging with other criminal offenses (Sec. 1-2).

• Limits Pretrial Investigation Program access for individuals charged with second-degree assault under this bill (Sec. 1-2).

• Increases penalties for assault on law enforcement officers, firefighters, court service officers, or emergency medical service personnel using bodily fluids that result in serious injury from a third-degree to a second-degree felony crime (Sec. 1-2).

• Establishes that an individual charged and convicted of a second-degree felony crime shall be sentenced to between 5-10 years in prison and a fine of up to $150,000 or both (Sec. 1-2).

• Specifies that a mandatory term of incarceration under the No Early Release Act (NERA) would not apply to second-degree assaults unless serious bodily injury results (Sec. 1-2).

• Requires mandatory testing for communicable diseases for individuals charged with assaults involving bodily fluids and specifies if there is probable cause, a court-issued warrant can require the accused to provide a biological sample for testing (Sec. 1-2).

• Authorizes the results to be shared with the victim, and that the sample be destroyed after testing, unless a separate warrant is issued for additional investigatory purposes (Sec. 1-2).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 3).

Full Bill Text