New Jersey Assembly Bill A3473

New Jersey 2022-2023 Regular Session

• Introduced: 3/8/22
• Refer: 3/8/22

Caption

Clarifies spitting in law enforcement officer's food or drink constitutes aggravated assault; requires certain sanctions on restaurant employees who commit this crime.

Impact

If enacted, A3473 will significantly influence state laws concerning public safety and the treatment of law enforcement officers. The legislation expands upon previous statutes that governed conduct towards law enforcement, specifically addressing the intricacies involved when bodily fluids are involved. The bill also brings to light the responsibilities of restaurant employers regarding the conduct of their employees, who may engage in such unacceptable behaviors. This addition prioritizes the safety and respect afforded to law enforcement agencies by imposing necessary consequences on offenders.

Summary

Assembly Bill A3473 aims to clarify that spitting on a law enforcement officer's food or drink is classified as aggravated assault. Recognizing the seriousness of such acts, the bill amends existing legislation and stipulates that if food or beverage is unlawfully spat upon, the offender faces third-degree aggravated assault charges. This includes severe penalties such as a fine of up to $15,000 and a possible imprisonment term of three to five years. By reinforcing and elaborating on the existing laws regarding bodily fluids, the bill seeks to provide stricter disciplinary measures for acts of aggression towards law enforcement officials.

Contention

The proposed legislation has raised discussions among lawmakers concerning the potential overreach and implications for employees in the restaurant industry. Critics suggest that mandating automatic suspension and termination of employees charged with this offense could lead to disproportionate consequences for individuals who may not have intended to harm law enforcement personnel. The requirement for restaurants to impose civil penalties for noncompliance further complicates the operational landscape for employers, many of whom worry about the effects of sudden disciplinary measures. Accordingly, while the bill aims to protect law enforcement, it also poses questions about employee rights and employer responsibilities.