New Jersey Assembly Bill A2270

New Jersey 2022-2023 Regular Session

• Introduced: 2/7/22
• Refer: 2/7/22

Caption

Imposes mandatory forfeiture of public office, position or employment upon conviction of certain offenses.

Impact

The bill amends New Jersey's existing laws concerning the forfeiture of public office under N.J.S.2C:51-2, broadening the scope of offenses that can lead to forfeiture. By mandating forfeiture upon conviction rather than allowing discretionary authority to the courts, A2270 seeks to create a more uniform application of consequences for public officials involved in corruption or related offenses. This change would promote a more ethical public sector and aim to restore public trust in government institutions.

Summary

Assembly Bill A2270 aims to impose mandatory forfeiture of public office, position, or employment upon an individual's conviction for certain offenses. Specifically, the bill stipulates that anyone found guilty of a crime involving dishonesty or a crime of the third degree or higher must forfeit their public role. This measure seeks to enhance accountability among public officials and is designed to ensure that those convicted of serious crimes cannot hold positions of trust or power in the future.

Contention

Notably, some points of contention arise regarding the breadth of offenses covered under the bill. Critics argue that the definition of offenses 'involving or touching on' a public office may be overly broad, potentially encompassing cases where the offense is not directly related to one’s public duties. For example, past court decisions in New Jersey, such as State v. Hupka, have indicated that some convictions may not warrant forfeiture if they do not significantly relate to public duties. This bill may face scrutiny from those concerned about its potential application in less severe cases and its impact on civil liberties.