New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A4774

Introduced
10/17/22  

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

The enactment of A4774 will amend the existing legal framework regarding the treatment of law enforcement officers and provide clearer penalties for individuals who engage in hostile acts such as spitting. This bill emphasizes the severity of such actions, distinguishing them as serious offenses under New Jersey law. Additionally, it instigates necessary changes to the workplace regulations within restaurants, mandating that any employee charged with this crime must be immediately suspended, and those convicted must be terminated. Restaurant owners are subject to civil penalties if they fail to enforce these requirements, highlighting a shift towards stricter accountability in food service establishments.

Summary

Assembly Bill A4774 aims to clarify and expand the legal definitions and penalties around cases of aggravated assault involving law enforcement officers. Specifically, the bill establishes that spitting on an officer's food or into their beverage is classified as aggravated assault, and such actions carry significant penalties. The law dictates that if an officer is subjected to bodily fluids in this manner, it constitutes a third-degree crime, attracting a mandatory fine of $15,000 in addition to potential imprisonment of three to five years. This aligns with existing laws against throwing bodily fluids at law enforcement personnel while in the performance of their duties.

Contention

Although the intent of A4774 is to protect law enforcement officers and uphold their dignity, there may be discussions around the implications of such severe penalties. Critics may argue that the law could disproportionately affect certain demographics or financial classes, particularly in instances where the act of spitting may not arise from a premeditated intent to assault. The challenge lies in balancing the need for safeguarding public servants against the risk of disproportionately demanding justice under specific situations. Moreover, defining 'restaurant' per the bill could raise operational concerns amongst small businesses, especially during enforcement and potential penalties.

Companion Bills

NJ S1364

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

Previously Filed As

NJ A3473

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

NJ A1265

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

NJ S407

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

NJ S1364

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

NJ A2378

Upgrades certain penalties for assaulting law enforcement officer and requires offender to be tested for communicable diseases in certain instances.

NJ A4697

Upgrades certain penalties for assaulting law enforcement officer and requires offender to be tested for communicable diseases in certain instances.

NJ S3093

Upgrades certain penalties for assaulting law enforcement officer and requires offender to be tested for communicable diseases in certain instances.

NJ S3201

Upgrades certain penalties for assaulting law enforcement officer and requires offender to be tested for communicable diseases in certain instances.

NJ A2202

Upgrades simple assault to aggravated assault if committed against crossing guard or parking enforcement officer.

NJ A2644

Clarifies "knockout game" assault as third-degree aggravated assault; provides mandatory minimum term of imprisonment for such assault.

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