New Jersey Senate Bill S399

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Broadens riot; enhances penalties for certain crimes committed during riot; creates new crimes of mob intimidation and cyber-intimidation by publication; establishes duty in municipality to permit law enforcement to respond appropriately.

Impact

The bill establishes robust penalties for various crimes committed during a riot, including aggravated riot, inciting riot, and criminal mischief against memorial or historic properties. Notably, individuals arrested during a riot will be held without release until they appear before a judge, altering pretrial detention practices. The bill also establishes new crimes such as mob intimidation and cyber-intimidation by publication, thus expanding the legal framework addressing both collective violence and online harassment, which could lead to increased law enforcement vigilance during protests.

Summary

Bill S399, introduced in New Jersey, aims to broaden the definition of riot and enhance the penalties applied to certain crimes committed in the context of riots. Under the new regulations, a person may be found guilty of a riot if they participate with three or more individuals in any violent disturbance that causes injury or property damage. Riot is classified as a third-degree crime if a weapon is used or intended to be used, while non-violent disturbances remain classified as a fourth-degree crime. This redefinition could have significant implications for law enforcement and public safety protocols, especially during public protests and demonstrations.

Contention

Notable points of contention arise concerning the potential for this bill to infringe on constitutional rights to free speech and assembly. Opponents have expressed concerns that broad definitions of riot and the grave penalties for participation may deter lawful protests. Furthermore, the emphasis on law enforcement response capabilities could result in increased tensions during civil unrest, as well as accusations of overreach and discrimination in enforcement practices, particularly against marginalized communities. Critics argue that while public safety is paramount, the bill could criminalize peaceful actions and silencing dissent.