An Act concerning endangering another person 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) A person commits a disorderly persons offense if he recklessly engages in conduct which creates a substantial risk of bodily injury to another person.

(2) A person commits a crime of the fourth degree if he knowingly engages in conduct which creates a substantial risk of serious bodily injury to another person.

(3) A person commits a crime of the third degree if he knowingly engages in conduct which creates a substantial risk of death to another person.

b. (1) A person commits a crime of the fourth degree if he recklessly engages in conduct which creates a substantial risk of bodily injury to a person with a developmental disability.

(2) A person commits a crime of the third degree if he knowingly engages in conduct which creates a substantial risk of serious bodily injury to a person with a developmental disability.

(3) A person commits a crime of the second degree if he knowingly engages in conduct which creates a substantial risk of death to a person with a developmental disability.

c. As used in this act, "developmental disability" has the meaning ascribed to it in section 3 of P.L.1977, c.82 (C.30:6D-3).

d. Nothing in this act shall preclude an indictment and conviction for any other offense defined by the laws of this State.

2. N.J.S.2C:12-2 and N.J.S.2C:24-7 are repealed.

3. This act shall take effect immediately and shall apply to all offenses committed on or after the effective date of the act. Pursuant to R.S.1:1-15 and N.J.S.2C:1-1, any offenses committed prior to the effective date of the act shall be prosecuted under the prior law, which shall be continued in effect for that purpose.

STATEMENT

This bill would create new criminal offenses involving endangering another person. Under the bill, it would be a disorderly persons offense to recklessly engage in conduct which creates a substantial risk of bodily injury to another person. It would be a crime of the fourth degree to knowingly engage in conduct that creates a substantial risk of serious bodily injury to another person and a crime of the third degree to knowingly engage in conduct that creates a substantial risk of death to another person.

The bill upgrades the offense if the victim has a developmental disability. Under the bill, it would be a crime of the fourth degree to recklessly engage in conduct which creates a substantial risk of bodily injury to a person with a developmental disability. It would be a crime of the third degree to knowingly engage in conduct that creates a substantial risk of serious bodily injury to a person with a developmental disability and a crime of the second degree to knowingly engage in conduct that creates a substantial risk of death to a person with a developmental disability.

The bill defines "developmental disability" as the term is defined in section 3 of P.L.1977, c.82 (C.30:6D-3): "a severe, chronic disability of a person which:

(1) is attributable to a mental or physical impairment or combination of mental or physical impairments;

(2) is manifest before age 22;

(3) is likely to continue indefinitely;

(4) results in substantial functional limitations in three or more of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and

(5) reflects the need for a combination and sequence of special inter-disciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated. Developmental disability includes, but is not limited to severe disabilities attributable to, an intellectual disability, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments where the above criteria are met."

The bill repeals N.J.S.2C:12-2, Reckless Endangerment, and N.J.S.2C:24-7, Endangering the Welfare of an Incompetent Person, as these statutes would be encompassed in the provisions of the bill's new criminal offenses.

A crime of the second degree is punishable by a term of five to ten years or a fine up to $150,000, or both; a crime of the third degree, by a term of three to five years or a fine up to $15,000, or both, and a crime of the fourth degree, by a term up to 18 months or a fine up to $10,000, or both. A disorderly persons offense is punishable by a term of imprisonment of up to six months or a fine of up to $1,000, or both.

The bill's provisions shall apply to all offenses committed on or after the effective date of the act. Pursuant to R.S.1:1-15 and N.J.S.2C:1-1, any offenses committed prior to the effective date of the act would be prosecuted under the prior law, which shall be continued in effect for that purpose.