Sponsored by:

Assemblyman GARY S. SCHAER

District 36 (Bergen and Passaic)

Assemblyman GORDON M. JOHNSON

District 37 (Bergen)

Co-Sponsored by:

Assemblywoman Vainieri Huttle, Assemblymen Prieto, O'Scanlon, Assemblywoman Riley, Assemblymen Moriarty, DeAngelo, Burzichelli and Assemblywoman Quijano

SYNOPSIS

Authorizes wiretap orders for investigation of luring or enticing a child, identity theft, stalking and harassment under certain circumstances.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

An Act concerning wiretap orders for certain crimes and amending P.L.1968, c. 409.

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

1. Section 8 of P.L.1968, c. 409 (C.2A:156A-8) is amended to read as follows:

8. The Attorney General, county prosecutor or a person designated to act for such an official and to perform his duties in and during his actual absence or disability, may authorize, in writing, an ex parte application to a judge designated to receive the same for an order authorizing the interception of a wire, or electronic or oral communication by the investigative or law enforcement officers or agency having responsibility for an investigation when such interception may provide evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, a violation of paragraph (1) or (2) of subsection b. of N.J.S.2C:12-1, a violation of section 3 of P.L.1997, c.353 (C.2C:21-4.3), a violation of N.J.S.2C:21-19 punishable by imprisonment for more than one year, a violation of P.L.1994, c.121 (C.2C:21-23 et seq.), a violation of sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5), a violation of N.J.S.2C:33-3, a violation of N.J.S.2C:17-2, a violation of sections 1 through 3 of P.L.1983, c.480 (C.2C:17-7 through 2C:17-9), a violation of N.J.S.2C:12-3 (terroristic threats), violations of N.J.S.2C:35-3, N.J.S.2C:35-4 and N.J.S.2C:35-5, violations of sections 112 through 116, inclusive, of the "Casino Control Act," P.L.1977, c.110 (C.5:12-112 through 5:12-116), arson, burglary, theft and related offenses punishable by imprisonment for more than one year, [endangering the welfare of a child pursuant to] a violation of N.J.S.2C:24-4, luring or enticing a child pursuant to section 1 of P.L.1993, c. 291 (C.2C:13-6), impersonation or theft of identity pursuant to N.J.S.2C:21-17, stalking pursuant to P.L.1992, c.209 (C.2C:12-10 et seq.), the third degree or fourth degree crime of harassment pursuant to N.J.S.2C:33-4, escape, forgery and fraudulent practices punishable by imprisonment for more than one year, alteration of motor vehicle identification numbers, unlawful manufacture, purchase, use, or transfer of firearms, unlawful possession or use of destructive devices or explosives, weapons training for illegal activities pursuant to section 1 of P.L.1983, c.229 (C.2C:39-14), racketeering or a violation of subsection g. of N.J.S.2C:5-2, leader of organized crime, organized criminal activity directed toward the unlawful transportation, storage, disposal, discharge, release, abandonment or disposition of any harmful, hazardous, toxic, destructive, or polluting substance, or any conspiracy to commit any of the foregoing offenses or which may provide evidence aiding in the apprehension of the perpetrator or perpetrators of any of the foregoing offenses.

(cf: P.L.2002, c.26, s.6)

2. This act shall take effect immediately.

STATEMENT

This bill would expand the wiretap statutes to authorize wiretap orders for investigation of the following crimes or a conspiracy to commit them: luring or enticing a child, impersonation or theft of identity, stalking, and certain harassment crimes.

Current law authorizes wiretap orders for investigations of the following crimes or a conspiracy to commit them: murder; kidnapping; gambling; robbery; bribery; certain aggravated assault offenses; health care claims fraud; certain wrongful credit practices; money laundering; terrorism; false public alarms; causing or risking widespread injury or damage; certain damages to nuclear electric generating plants; terroristic threats; leader of a narcotics trafficking network; maintaining or operating an unlawful CDS production facility; unlawfully manufacturing, distributing or dispensing CDS; certain violations of sections the Casino Control Act; arson; burglary; certain theft offenses; endangering the welfare of a child; escape; certain forgery and fraudulent practices; alteration of motor vehicle identification numbers; unlawful manufacture, purchase, use, or transfer of firearms; unlawful possession or use of destructive devices or explosives; weapons training for illegal activities; racketeering; leader of organized crime, and organized criminal activity concerning certain hazardous substances.

This bill is part of the Attorney General's initiative concerning Internet safety.