Renders contracts to provide criminal assistance unlawful; creates civil right of action for victims of certain criminal conduct.
Impact
A5193 directly impacts New Jersey's legal landscape concerning victims of crime by granting them a civil right of action. Victims who are subject to agreements to render criminal assistance can file a lawsuit against the individuals or entities involved in such contracts. This adds a layer of protection and legal recourse for victims, allowing them to seek justice independently of criminal proceedings against the offenders. The bill asserts that this action can be initiated within five years of a victim discovering the evidence concealment, ensuring that victims have ample time to pursue their rights.
Summary
Assembly Bill A5193 is designed to render unlawful any contracts that involve providing criminal assistance. Specifically, it targets agreements made with the intent to conceal, alter, or destroy evidence of a crime, aimed at delaying the apprehension of a suspected offender. This legislation sets forth a legal definition of 'renders criminal assistance' to include actions performed in exchange for monetary or non-monetary compensation that interfere with law enforcement efforts. The bill establishes that any such agreement, whether written or oral, will be considered void and contrary to public policy.
Contention
The legislation is grounded in principles that seek to uphold the integrity of the justice system by discouraging practices that enable criminals to evade capture. However, there may be concerns regarding the broad interpretation of what constitutes 'rendering criminal assistance' and the potential for unintended consequences. Critics might argue that there could be challenges in establishing intent or that well-meaning individuals could inadvertently find themselves liable under this law if not properly informed. Nevertheless, the bill reflects a significant step towards empowering crime victims and enhancing cooperation with law enforcement.
Relating to measures to address and deter certain criminal or other unlawful activity, including trafficking of persons, sexual offenses, prostitution, and activity that may constitute a public nuisance; increasing criminal penalties; creating a criminal offense.