New Jersey Senate Bill S1174

New Jersey 2022-2023 Regular Session

• Introduced: 1/31/22
• Refer: 1/31/22

Caption

Temporarily upgrades certain offenses against persons during Public Health Emergency and State of Emergency declared by Governor's Executive Order 103 of 2020 concerning coronavirus pandemic.

Impact

The bill stipulates that offenses categorized as petty disorderly persons offenses would be elevated to disorderly persons offenses, and disorderly persons offenses would be elevated to fourth-degree crimes. Even higher-degree crimes would see a classification increase of one degree; however, first-degree crimes would retain their classification but would incur harsher mandatory minimum sentencing terms without the possibility of parole for a specified portion of the sentence. This could lead to significantly increased prison sentences and fines for those convicted during this period, which may result in a notable shift in the penal landscape of New Jersey during emergencies.

Summary

Senate Bill S1174 proposes to temporarily upgrade the classification of certain criminal offenses during the declared Public Health Emergency and State of Emergency in response to the coronavirus disease (COVID-19) pandemic, as per the Governor's Executive Order 103 of 2020. This legislation aims to address rising crime by ensuring that specific offenses involving serious crimes such as homicide, assault, kidnapping, sexual offenses, and robbery are dealt with more severely during the ongoing emergency. Under the proposed changes, various offenses would be upgraded in severity, shifting lesser crimes to higher classifications and thereby imposing stricter penalties.

Contention

While supporters of S1174 may argue that stricter penalties will deter crime during a vulnerable period, critics might raise concerns about the implications of such a measure for judicial fairness and the rights of defendants. The adjustments in sentencing standards could lead to overcrowded prisons and a rise in the state’s corrections expenses while raising questions surrounding the legislative process in determining what constitutes a public emergency. Furthermore, opponents might argue the potential for disproportionately impacting minority communities, as lower-income individuals may face harsher consequences simply because of the timing of their offenses within the emergency framework.