An Act establishing a publicly accessible Internet registry of offenders who victimize certain persons, and supplementing Title 2C of the New Jersey Statutes.

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

1. a. (1) The Attorney General, in cooperation with the Administrative Office of the Courts, shall, on the website of the Department of Law and Public Safety, develop, maintain, and periodically update a Statewide registry of all persons who are, on or after the effective date of this section, convicted of an offense, attempted offense, or conspiracy to commit an offense specified in chapters 11 through 25 of Title 2C of the New Jersey Statutes against a disabled person, senior citizen, or veteran.

(2) For purposes of this section:

"Disabled person" means an individual who by reason of a pre-existing and on-going medically determinable physical or mental disease, condition, or impairment is substantially incapable of exercising normal physical resistance against an offender, or incapable of understanding the nature of the individual's own conduct in relation to the offender, including, but not limited to, being able to provide consent in any legal capacity.

"Senior citizen" means an individual 62 years of age or older.

"Veteran" means an individual honorably discharged or released under honorable circumstances from active military service with the armed forces of the United States, including the Army, Navy, Air Force, Marine Corps, and Coast Guard, the National Guard and any other reserve component of the armed forces, and the merchant marine when organized under the federal law as a public military force.

b. The public may access the Statewide registry through the website of the Department of Law and Public Safety in order to view the registry in part or in its entirety, or view an individual offender's record. The available information in the registry shall include, but is not limited to: the offender's name and any aliases for the offender; the offender's age, race, gender, height, weight, hair, and eye color; a photograph of the offender and the date on which the photograph was taken, if known; the municipality and county in which the offender resides; the offender's occupation, business, or employer, if associated with the commission of the crime for which the offender was convicted; and a general description of the crime for which the offender was convicted.

c. (1) The Statewide registry shall contain a message, conspicuously displayed at the time of initial access, that any person who uses the information contained in the registry for unlawful purposes, including acts of harassment or threat, shall be subject to criminal prosecution.

(2) The Statewide registry shall contain an additional message, conspicuously displayed both at the time of initial access and each time viewing an individual offender's record, that information contained in the registry: (a) is based on documents related to the offender's conviction, but may be outdated or inaccurate and is subject to revision; and (b) only includes convictions dating from the inception of the registry, with an indicator of the month and date of registry inception.

d. (1) The information presented in the Statewide registry may be used in any manner by any individual, public or private entity, or government for any lawful purpose.

(2) Anyone who uses the information to assist in the commission of a crime shall be guilty of a crime of the third degree. Anyone who uses the information to assist in the commission of a disorderly persons offense or petty disorderly persons offense shall be guilty of a disorderly persons offense.

2. This act shall take effect on the first day of the fifth month next following enactment, but the Attorney General and Administrative Office of the Courts may take any anticipatory administrative action in advance of that date necessary to implement the provisions of this act.

STATEMENT

This bill would establish a publicly accessible Internet registry of offenders who were adjudicated guilty for offenses that caused bodily harm, or property theft or damage, against disabled persons, senior citizens, or veterans. The offenses for which guilty offenders would be included in the registry are those specified in chapters 11 through 25 of the Criminal Code, Title 2C of the New Jersey Statutes: criminal homicide (chapter 11); cloning of a human being (chapter 11A); assault, reckless endangerment, and threats (chapter 12); kidnapping and related offenses, and coercion (chapter 13); sexual offenses (chapter 14); robbery (chapter 15); bias crimes (chapter 16); arson, criminal mischief, and other property destruction (chapter 17); burglary and other criminal intrusion (chapter 18); theft and related offenses (chapter 20); forgery and fraudulent practices (chapter 21); human remains (chapter 22); offenses against the family, children, and incompetents (chapter 24); and domestic violence (chapter 25).

The Attorney General, in cooperation with the Administrative Office of the Courts, would, on the website of the Department of Law and Public Safety, develop, maintain, and periodically update the Statewide registry. The registry would compile information concerning offenders who are convicted of applicable offenses on or after the effective date of the bill.

The public would be permitted to access the Statewide registry to view it in part or in its entirety, or view an individual offender's record. The available information in the registry would include, but not be limited to: the offender's name and any aliases for the offender; the offender's age, race, gender, height, weight, hair, and eye color; a photograph of the offender and the date on which the photograph was taken, if known; the municipality and county in which the offender resides; the offender's occupation, business, or employer, if associated with the commission of the crime for which the offender was convicted; and a general description of the crime for which the offender was convicted.

The registry would contain a message, conspicuously displayed at the time of initial access, that any person who uses the information contained in the registry for unlawful purposes, including acts of harassment or threat, would be subject to criminal prosecution. It would contain an additional message, conspicuously displayed both at the time of initial access and each time viewing an individual offender's record, that information contained in the registry: (1) is based on documents related to the offender's conviction, but may be outdated or inaccurate and is subject to revision; and (2) only includes convictions dating from the inception of the registry, with an indicator of the month and date of registry inception.

The information presented in the Statewide registry could be used in any manner by any individual, public or private entity, or government for any lawful purpose. Anyone who uses such information to assist in the commission of a crime would be guilty of a crime of the third degree; such a crime is ordinarily punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. Anyone who uses the information to assist in the commission of a disorderly persons offense or petty disorderly persons offense would be guilty of a disorderly persons offense; such a crime is ordinarily punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.