Office of Legislative Services
State House Annex
P.O. Box 068
Trenton, New Jersey 08625
Legislative Budget and Finance Office
Phone (609) 847-3105
Fax (609) 777-2442
www.njleg.state.nj.us
LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
ASSEMBLY, No. 4976
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: MARCH 24, 2025
SUMMARY
Synopsis: Establishes crime of reckless discharge of firearm.
Type of Impact: Annual State expenditure and revenue increases; annual local
expenditure and revenue increases.
Agencies Affected: Department of Law and Public Safety; County Prosecutors; the
Judiciary; Office of the Public Defender; Department of Corrections;
State Parole Board, Municipalities and Counties.
Office of Legislative Services Estimate
Fiscal Impact Annual
State Cost Increase Indeterminate
State Revenue Increase Indeterminate
Local Cost Increase Indeterminate
Local Revenue Increase Indeterminate
The Office of Legislative Services (OLS) finds that establishing the crime of reckless discharge
of a firearm may result in an indeterminate annual increase in State and local expenditures and
revenues. The OLS lacks sufficient information to quantify the fiscal impact, as it is not
possible to estimate the number of individuals who may be prosecuted, tried, and sentenced
for the crimes under the bill.
The OLS finds that the following State and local agencies may incur caseload and expenditure
increases: a) county prosecutors may have to prosecute additional cases; b) the Judiciary may
have to adjudicate additional complaints and monitor additional probationers; c) the Office of
the Public Defender may have to represent additional low-income criminal defendants; d) the
Department of Corrections may have to house and care for additional offenders; and e) the
State Parole Board may have to supervise the return to society of additional offenders. FE to A4976 [1R]
2
The OLS notes that the State may receive indeterminate revenues from fines imposed on
individuals convicted of these crimes; however, the State’s ability to collect fines has
historically been limited.
Annual local expenditures and revenues are likely to increase by an indeterminate amount from
the establishment of the new disorderly persons offense. Disorderly persons offenses are
adjudicated in municipal courts and defendants are sentenced to county jails. Annual municipal
revenue would likely increase due to an increase in court fees and upgraded penalties from
these disorderly persons cases.
BILL DESCRIPTION
This bill establishes that it is a crime to unlawfully discharge a firearm. Under the bill, a person
commits a disorderly persons offense for recklessly discharging a firearm using live ammunition
rounds as a first offense, a crime of the fourth degree for a second offense, and a crime of the third
degree for a third or subsequent offense. Additionally, if the violation knowingly occurs within
100 yards of: (1) an occupied structure; or (2) a school, college, university or other educational
institution, school bus, or child care facility, whether or not occupied, the violation is upgraded to
one degree of crime higher than what would have been charged.
A crime of the third degree is punishable by a term of imprisonment of three to five years, a
fine of up to $15,000, or both. A crime of the fourth degree is punishable by a term of
imprisonment of up to 18 months, a fine of up to $10,000, or both. A disorderly persons offense
is punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.
The bill provides that a conviction for recklessly discharging a firearm does not preclude an
indictment and conviction for an offense under a different provision of law, and a subsequent
conviction is not to merge with the original conviction. The bill also provides that in instances in
which the court imposes multiple sentences of imprisonment for more than one offense, those
sentences are to run consecutively.
This bill implements Recommendation 3 of the State Commission of Investigation’s 2024
report, “Illegal Firearms Use & Trends in New Jersey.”
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that establishing the crime of reckless discharge of a firearm may result in
an indeterminate annual increase in State and local expenditures and revenues. The OLS lacks
sufficient information to quantify the fiscal impact, as it is not possible to estimate the number of
cases likely to be prosecuted under the provisions of this bill.
The following State and local agencies may incur caseload and expenditure increases: a)
county prosecutors may have to prosecute additional cases; b) the Judiciary may have to adjudicate
additional complaints and monitor additional probationers; c) the Office of the Public Defender FE to A4976 [1R]
3
may have to represent additional low-income criminal defendants; d) the Department of
Corrections may have to house and care for additional offenders; and e) the State Parole Board
may have to supervise the return to society of additional offenders. The OLS notes that the State
may receive indeterminate revenues from fines imposed on individuals convicted of these crimes;
however, the State’s ability to collect fines has historically been limited.
This bill establishes that the first offense is a disorderly persons offense, followed by a crime
of the fourth degree for a second offense, and a crime of the third degree for a third or subsequent
offenses. Generally, disorderly persons offenses and crimes of the fourth and third degree carry a
presumption of non-incarceration for first-time offenders.
The OLS notes that to the extent the bill results in additional incarcerations, the Department of
Corrections would incur those costs. Based on information provided by the department, the FY
2024 average annual cost for housing, ensuring security, and providing services to an incarcerated
individual was $75,254, with an average marginal cost of housing one additional incarcerated
person, accounting for food, clothes and wages, of $11.39.
The OLS finds that expenditures are likely to increase at the local level since disorderly persons
offenses are adjudicated in municipal courts and defendants are sentenced to county jails.
According to information provided by the Administrative Office of the Courts, the median daily
cost to house an individual in a county jail is $228.
Annual municipal revenue would likely increase due to an increase in court filing fees and
upgraded penalties from these disorderly persons cases.
Section: Judiciary
Analyst: Anuja Pande Joshi
Senior Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).