| 57 | | - | An Act concerning public brawls and disorderly conduct and amending N.J.S.2C:33-1 and N.J.S.2C:33-2. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. N.J.S.2C:33-1 is amended to read as follows1:1 2C:33-1. a. Riot. A person is guilty of riot if [he] the person participates with four or more [others] other persons in a course of disorderly conduct as defined in [section 2C:33-2a] subsection a. of N.J.S.2C:33-2: (1) With purpose to commit or facilitate the commission of a crime; (2) With purpose to prevent or coerce official action; or (3) When he or any other participant, known to him, uses or plans to use a firearm or other deadly weapon. Riot if committed under circumstances set forth in paragraph (3) is a crime of the third degree. Otherwise riot is a crime of the fourth degree. b. Failure of disorderly persons to disperse upon official order. Where five or more persons are participating in a course of disorderly conduct as defined in [section 2C:33-2 a.] subsection a. of N.J.S.2C:33-2 likely to cause substantial harm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a disorderly persons offense. c. Public Brawl. A person is guilty of inciting a public brawl if the person acts with purpose to organize or promote a group of four or more other persons to engage in a course of disorderly conduct as defined in 1[subsection] subsections1 a. 1or d.1 of N.J.S.2C:33-2. Inciting a public brawl is a crime of the fourth degree if the person acts with purpose to disrupt or cause a disturbance at a public gathering or event or knowing that a disruption or disturbance is likely to occur; otherwise, it is a disorderly persons offense. Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of inciting a public brawl shall not merge with the offense of riot pursuant to subsection a. of this section or disorderly conduct pursuant to subsection a. of N.J.S.2C:33-2. (cf: P.L.1981, c.290, s.35) 2. N.J.S.2C:33-2 is amended to read as follows: 2C:33-2. Disorderly Conduct. a. Improper behavior. [A] Except as otherwise provided in subsection c. of this section, a person is guilty of a petty disorderly persons offense [,] , if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof [he] , the person: (1) Engages in fighting or threatening, or in violent or tumultuous behavior; or (2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor. b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present. c. Concealing identity. A person who attempts to conceal or conceals the person's identity while engaging in a course of disorderly conduct, as defined in subsection a. of this section, with purpose to hinder prosecution or avoid apprehension is guilty of a disorderly persons offense. d Disturbance at a public gathering. A person who acts with purpose to disrupt or cause a disturbance at a public gathering or event 1or who engages in behavior knowing that it will disrupt or cause a disturbance at a public gathering or event1 is guilty of a disorderly persons offense. "Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood. (cf: N.J.S.2C:33-2) 3. This act shall take effect immediately. |
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| 45 | + | An Act concerning public brawls and disorderly conduct and amending N.J.S.2C:33-1 and N.J.S.2C:33-2. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. N.J.S.2C:33-1 is amended to read as follows 2C:33-1. a. Riot. A person is guilty of riot if [he] the person participates with four or more [others] other persons in a course of disorderly conduct as defined in [section 2C:33-2a] subsection a. of N.J.S.2C:33-2: (1) With purpose to commit or facilitate the commission of a crime; (2) With purpose to prevent or coerce official action; or (3) When he or any other participant, known to him, uses or plans to use a firearm or other deadly weapon. Riot if committed under circumstances set forth in paragraph (3) is a crime of the third degree. Otherwise riot is a crime of the fourth degree. b. Failure of disorderly persons to disperse upon official order. Where five or more persons are participating in a course of disorderly conduct as defined in [section 2C:33-2 a.] subsection a. of N.J.S.2C:33-2 likely to cause substantial harm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a disorderly persons offense. c. Public Brawl. A person is guilty of inciting a public brawl if the person acts with purpose to organize or promote a group of four or more other persons to engage in a course of disorderly conduct as defined in subsection a. of N.J.S.2C:33-2. Inciting a public brawl is a crime of the fourth degree if the person acts with purpose to disrupt or cause a disturbance at a public gathering or event or knowing that a disruption or disturbance is likely to occur; otherwise, it is a disorderly persons offense. Notwithstanding the provisions of N.J.S.2C:1-8, a conviction of inciting a public brawl shall not merge with the offense of riot pursuant to subsection a. of this section or disorderly conduct pursuant to subsection a. of N.J.S.2C:33-2. (cf: P.L.1981, c.290, s.35) 2. N.J.S.2C:33-2 is amended to read as follows: 2C:33-2. Disorderly Conduct. a. Improper behavior. [A] Except as otherwise provided in subsection c. of this section, a person is guilty of a petty disorderly persons offense [,] , if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof [he] , the person: (1) Engages in fighting or threatening, or in violent or tumultuous behavior; or (2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor. b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present. c. Concealing identity. A person who attempts to conceal or conceals the person's identity while engaging in a course of disorderly conduct, as defined in subsection a. of this section, with purpose to hinder prosecution or avoid apprehension is guilty of a disorderly persons offense. d Disturbance at a public gathering. A person who acts with purpose to disrupt or cause a disturbance at a public gathering or event is guilty of a disorderly persons offense. "Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood. (cf: N.J.S.2C:33-2) 3. This act shall take effect immediately. STATEMENT This bill creates the offense of inciting a public brawl and upgrades the penalty for engaging in disorderly conduct under certain circumstances. Under the bill, a person is guilty of inciting a public brawl if the person acts with purpose to organize or promote a group of four or more other persons to engage in a course of disorderly conduct. Inciting a public brawl is a crime of the fourth degree if the person acts with purpose to disrupt or cause a disturbance at a public gathering or event or knowing that a disruption or disturbance is likely to occur; otherwise, it is a disorderly persons offense. Additionally, the bill provides that a person who attempts to conceal or conceals the person's identity while engaging in a course of disorderly conduct, with purpose to hinder prosecution or avoid apprehension is guilty of a disorderly persons offense. The bill also establishes that a person commits disorderly conduct by acting with purpose to disrupt or cause a disturbance at a public gathering or event and is guilty of a disorderly persons offense. Under current law, a person who engages in a course of disorderly conduct commits a petty disorderly persons offense. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. A person who commits a fourth degree crime may be eligible for entry into a pretrial intervention program (PTI). The courts sets the conditions of PTI, which may include random drug screening, community service, mental health or substance abuse evaluations, and compliance with treatment recommendations. 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. A petty disorderly persons offense is punishable by imprisonment of up to 30 days, a fine of up to $500, or both. In the case of citations issued for petty disorderly and disorderly persons offenses, appearance in court is mandatory. |
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