New Jersey Senate Bill S84

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Broadens offenses of riot and disorderly conduct; enhances penalties for public monument destruction; addresses riot victim assaults; creates crime of promotion of violent, disorderly assembly.

Impact

The legislative changes proposed by S84 will elevate the criminal penalties associated with violent actions during riots, including obstruction of public passages and the desecration of monuments. It explicitly categorizes conduct that occurs within recognized public accommodations as a crime of the fourth degree during riots, thus extending the reach of law enforcement in handling such events. This is expected to enhance public safety by providing law enforcement with stronger tools to detain and prosecute individuals involved in violent or destructive assemblies, potentially deterring future occurrences.

Summary

Senate Bill 84 (S84) addresses various aspects of unlawful assembly and related offenses in New Jersey. The bill amends existing statutes regarding riots and disorderly conduct, expanding the definitions and consequences of these offenses. Previously, participation in a riot required the presence of at least four individuals to be characterized as such; this bill raises the threshold to involve six or more participants who cause property damage or injury. The penalties for such conduct could range from a fourth-degree crime to aggravated assault, depending on the circumstances and actions taken during the riot.

Contention

The provisions of S84 have sparked discussions regarding civil liberties and the extent to which the state can regulate public assembly. Critics argue that the bill may infringe upon the rights of peaceful protesters, citing concerns that the increased penalties and broader definitions could be misused against individuals exercising their right to assembly. Proponents, on the other hand, emphasize the necessity of maintaining public order and protecting property, particularly in the wake of recent unrest in various cities. As such, the bill stands at the intersection of public safety and constitutional rights.