| 1 | 1 | | SENATE, No. 4160 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED FEBRUARY 25, 2025 |
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| 3 | 3 | | SENATE, No. 4160 |
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| 5 | 5 | | STATE OF NEW JERSEY |
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| 7 | 7 | | 221st LEGISLATURE |
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| 10 | 10 | | |
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| 11 | 11 | | INTRODUCED FEBRUARY 25, 2025 |
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| 15 | 15 | | Sponsored by: Senator MICHAEL L. TESTA, JR. District 1 (Atlantic, Cape May and Cumberland) SYNOPSIS Imposes criminal penalties for harboring aliens who have outstanding warrants and are unlawfully present in U.S. CURRENT VERSION OF TEXT As introduced. |
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| 19 | 19 | | Sponsored by: |
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| 21 | 21 | | Senator MICHAEL L. TESTA, JR. |
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| 23 | 23 | | District 1 (Atlantic, Cape May and Cumberland) |
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| 33 | 33 | | SYNOPSIS |
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| 35 | 35 | | Imposes criminal penalties for harboring aliens who have outstanding warrants and are unlawfully present in U.S. |
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| 38 | 38 | | |
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| 39 | 39 | | CURRENT VERSION OF TEXT |
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| 41 | 41 | | As introduced. |
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| 45 | 45 | | An Act concerning hindering arrests or prosecutions, and amending N.J.S.2C:29-3. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. N.J.S.2C:29-3 is amended to read as follows: 2C:29-3. Hindering Apprehension or Prosecution. a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for an offense, or violation of Title 39 of the Revised Statutes, or a violation of chapter 33A of Title 17 of the Revised Statutes, or deportation as an alien unlawfully present in the United States, he: (1) Harbors or conceals the other; (2) Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape; (3) Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him; (4) Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law; (5) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him; (6) Aids such person to protect or expeditiously profit from an advantage derived from such crime; or (7) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16). An offense under subsection a. of this section committed with knowledge that the person aided is an alien unlawfully present in the United States and is the subject of an arrest warrant, or an immigration warrant issued by the U.S. Department of Homeland Security, is a crime of the fourth degree. An offense under paragraph (5) of subsection a. of this section is a crime of the second degree, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child to the person aided who is the victim of the offense, in which case the offense is a crime of the fourth degree. An offense under paragraph (3) or (7) of subsection a. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against another person would constitute leaving the scene of a motor vehicle accident that results in the death of another person in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1). Notwithstanding the presumption of non-imprisonment for certain offenders set forth in subsection e. of N.J.S.2C:44-1, the actor shall serve a term of imprisonment, which shall be fixed at not less than one year, during which the actor shall not be eligible for parole. Otherwise, the offense under subsection a. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child of the person aided, in which case the offense is a crime of the fourth degree. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense. b. A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction, or punishment for an offense, or violation of Title 39 of the Revised Statutes, or a violation of chapter 33A of Title 17 of the Revised Statutes, or deportation as an alien unlawfully present in the United States, he: (1) Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or (2) Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or (3) Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or (4) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16). An offense under paragraph (3) of subsection b. of this section is a crime of the second degree. An offense under paragraph (1) or (4) of subsection b. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute leaving the scene of a motor vehicle accident that results in the death of another person in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1). Notwithstanding the presumption of non-imprisonment for certain offenders set forth in subsection e. of N.J.S.2C:44-1, the actor shall serve a term of imprisonment which shall be fixed at not less than one year, during which the actor shall not be eligible for parole. Otherwise, the offense under subsection b. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense. It is an affirmative defense to prosecution for an offense under subsection b. of this section that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking pursuant to N.J.S.2C:13-8. (cf: P.L.2015, c.265) 2. This act shall take effect immediately. STATEMENT This bill amends N.J.S.A.2C:29-3, which prohibits hindering apprehension or prosecution, to impose criminal penalties for harboring an alien who is unlawfully present in the United States with knowledge that an arrest warrant or an immigration warrant has been issued for such an alien, or hindering the apprehension or deportation of such an alien. Under the bill, harboring or hindering the apprehension or deportation of an unlawful alien, with knowledge that the alien has an outstanding warrant, is a crime of the fourth degree. An unlawful alien who hinders his or her own apprehension or deportation is guilty of a disorderly persons offense. However, it is an affirmative defense that an unlawful alien was a victim of human trafficking during the time that the unlawful alien was hindering his or her own apprehension or deportation. 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 ordinarily punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. |
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| 46 | 46 | | |
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| 47 | 47 | | An Act concerning hindering arrests or prosecutions, and amending N.J.S.2C:29-3. |
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| 51 | 51 | | Be It Enacted by the Senate and General Assembly of the State of New Jersey: |
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| 54 | 54 | | |
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| 55 | 55 | | 1. N.J.S.2C:29-3 is amended to read as follows: |
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| 56 | 56 | | |
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| 57 | 57 | | 2C:29-3. Hindering Apprehension or Prosecution. a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for an offense, or violation of Title 39 of the Revised Statutes, or a violation of chapter 33A of Title 17 of the Revised Statutes, or deportation as an alien unlawfully present in the United States, he: |
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| 58 | 58 | | |
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| 59 | 59 | | (1) Harbors or conceals the other; |
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| 60 | 60 | | |
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| 61 | 61 | | (2) Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape; |
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| 62 | 62 | | |
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| 63 | 63 | | (3) Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him; |
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| 64 | 64 | | |
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| 65 | 65 | | (4) Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law; |
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| 66 | 66 | | |
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| 67 | 67 | | (5) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him; |
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| 68 | 68 | | |
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| 69 | 69 | | (6) Aids such person to protect or expeditiously profit from an advantage derived from such crime; or |
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| 70 | 70 | | |
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| 71 | 71 | | (7) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16). |
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| 72 | 72 | | |
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| 73 | 73 | | An offense under subsection a. of this section committed with knowledge that the person aided is an alien unlawfully present in the United States and is the subject of an arrest warrant, or an immigration warrant issued by the U.S. Department of Homeland Security, is a crime of the fourth degree. An offense under paragraph (5) of subsection a. of this section is a crime of the second degree, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child to the person aided who is the victim of the offense, in which case the offense is a crime of the fourth degree. An offense under paragraph (3) or (7) of subsection a. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against another person would constitute leaving the scene of a motor vehicle accident that results in the death of another person in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1). Notwithstanding the presumption of non-imprisonment for certain offenders set forth in subsection e. of N.J.S.2C:44-1, the actor shall serve a term of imprisonment, which shall be fixed at not less than one year, during which the actor shall not be eligible for parole. Otherwise, the offense under subsection a. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child of the person aided, in which case the offense is a crime of the fourth degree. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense. |
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| 74 | 74 | | |
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| 75 | 75 | | b. A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction, or punishment for an offense, or violation of Title 39 of the Revised Statutes, or a violation of chapter 33A of Title 17 of the Revised Statutes, or deportation as an alien unlawfully present in the United States, he: |
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| 76 | 76 | | |
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| 77 | 77 | | (1) Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or |
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| 78 | 78 | | |
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| 79 | 79 | | (2) Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or |
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| 80 | 80 | | |
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| 81 | 81 | | (3) Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or |
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| 82 | 82 | | |
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| 83 | 83 | | (4) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16). |
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| 84 | 84 | | |
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| 85 | 85 | | An offense under paragraph (3) of subsection b. of this section is a crime of the second degree. An offense under paragraph (1) or (4) of subsection b. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute leaving the scene of a motor vehicle accident that results in the death of another person in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1). Notwithstanding the presumption of non-imprisonment for certain offenders set forth in subsection e. of N.J.S.2C:44-1, the actor shall serve a term of imprisonment which shall be fixed at not less than one year, during which the actor shall not be eligible for parole. |
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| 86 | 86 | | |
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| 87 | 87 | | Otherwise, the offense under subsection b. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense. |
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| 88 | 88 | | |
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| 89 | 89 | | It is an affirmative defense to prosecution for an offense under subsection b. of this section that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking pursuant to N.J.S.2C:13-8. |
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| 90 | 90 | | |
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| 91 | 91 | | (cf: P.L.2015, c.265) |
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| 95 | 95 | | 2. This act shall take effect immediately. |
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| 100 | 100 | | |
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| 101 | 101 | | STATEMENT |
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| 105 | 105 | | This bill amends N.J.S.A.2C:29-3, which prohibits hindering apprehension or prosecution, to impose criminal penalties for harboring an alien who is unlawfully present in the United States with knowledge that an arrest warrant or an immigration warrant has been issued for such an alien, or hindering the apprehension or deportation of such an alien. |
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| 106 | 106 | | |
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| 107 | 107 | | Under the bill, harboring or hindering the apprehension or deportation of an unlawful alien, with knowledge that the alien has an outstanding warrant, is a crime of the fourth degree. An unlawful alien who hinders his or her own apprehension or deportation is guilty of a disorderly persons offense. However, it is an affirmative defense that an unlawful alien was a victim of human trafficking during the time that the unlawful alien was hindering his or her own apprehension or deportation. |
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| 108 | 108 | | |
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| 109 | 109 | | 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 ordinarily punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. |
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