New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A2880

Introduced
2/28/22  

Caption

Upgrades assault on victims who are elderly or disabled.

Impact

The bill reflects a growing recognition of the need to protect vulnerable populations, particularly the elderly and disabled, from violence and exploitation. By making assaults against these groups more serious offenses, A2880 aims to not only deliver justice for victims but also to potentially reduce the number of such crimes. Proponents argue that the bill is a necessary step in a broader effort to safeguard the wellbeing of elderly citizens and individuals with disabilities, who are often targeted due to their perceived inability to defend themselves or report crimes effectively.

Summary

Assembly Bill A2880 aims to enhance the legal protections for elderly and disabled individuals by upgrading the severity of assault charges against defendants who target these vulnerable groups. Specifically, if a person causes bodily harm to someone aged 60 or older or to a person with a disability, the offense would be classified as a crime of the third degree. This change significantly increases the potential penalties for such violations, including a mandatory three-year prison term for convictions. The intent is to deter assaults against individuals who may be less capable of defending themselves.

Contention

However, the bill has also sparked discussions about the implications of its mandatory sentencing requirements, particularly the three-year minimum prison term. Critics argue that such automatic sentences could restrict judicial discretion and disproportionately affect lower-income defendants who may not have access to robust legal representation. There is concern that a one-size-fits-all approach to sentencing could lead to injustices, particularly in cases where the circumstances of the assault vary considerably. Furthermore, discussions surrounding the definition of 'disability' and how it applies in various contexts have also been raised, emphasizing the need for clarity in legal language to ensure consistent application of the law.

Companion Bills

NJ S2167

Same As Upgrades assault on victims who are elderly or disabled.

Similar Bills

NJ S2713

Upgrades assault on victims who are elderly or disabled.

NJ A4013

Upgrades assault on victims who are elderly or disabled.

NJ S2167

Upgrades assault on victims who are elderly or disabled.

NJ S3885

Upgrades assault on victims who are disabled.

NJ S1379

Upgrades assault on victims who are disabled.

NJ S1709

Upgrades domestic violence-related assault under certain circumstances.

NJ S611

Upgrades domestic violence-related assault under certain circumstances.

NJ S2950

Upgrades penalty for assault committed at certain unpermitted mass gatherings.