SENATE, No. 1917

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED MARCH 27, 2014

 

 

Sponsored by:

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Senator  BOB SMITH

District 17 (Middlesex and Somerset)

 

 

 

 

SYNOPSIS

     Authorizes wiretaps for investigation of certain crimes.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning wiretap orders 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 1 of P.L.1993, c.221 (C.2C:15-2), 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), a violation of subsection b. of N.J.S.2C:29-2, a violation of N.J.S.2C:29-3, a violation of N.J.S.2C:29-8, a violation of section 1 of P.L.2007, c.341 (C.2C:33-29), violations of N.J.S.2C:35-3, N.J.S.2C:35-4 and N.J.S.2C:35-5, a violation of N.J.S.2C:35-9, 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), a violation of section 1 of P.L.2005, c.77 (C.2C:13-8), a violation of N.J.S.2C:34-1 punishable by imprisonment for more than one year, arson, burglary, theft and related offenses punishable by imprisonment for more than one year, endangering the welfare of a child pursuant to N.J.S.2C:24-4, 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.2013, c.51, s.14)

 

     2.  This act shall take effect immediately.

 

 

STATEMENT

    

     Under section 8 of P.L.1968, c.409 (C.2A:156A-8), the court may issue a wiretap order at the request of law enforcement if the wiretap may provide evidence of the commission of an enumerated offense. This bill would add the following to the list of offenses for which a wiretap order may be issued: carjacking (section 1 of P.L.1993, c.221 (C.2C:15-2)); eluding law enforcement (subsection b. of N.J.S.2C:29-2); hindering apprehension or prosecution (N.J.S.2C:29-3); corrupting or influencing a jury (N.J.S.2C:29-8); gang criminality (section 1 of P.L.2007, c.341 (C.2C:33-29)); and strict liability for drug-induced deaths (N.J.S.2C:35-9).