ASSEMBLY, No. 730 STATE OF NEW JERSEY. 211th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2004 SESSION

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1 ASSEMBLY, No. 0 STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 00 SESSION Sponsored by: Assemblyman FRANCIS L. BODINE District (Burlington) Assemblyman LARRY CHATZIDAKIS District (Burlington) SYNOPSIS "Safe Places Safe Kids Act;" makes it a crime to commit certain offenses in school zones and near playgrounds. CURRENT VERSION OF TEXT Introduced Pending Technical Review by Legislative Counsel.

2 A0 BODINE, CHATZIDAKIS AN ACT concerning child safety and supplementing chapter 0 of Title C of the New Jersey Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:. This act shall be known and may be cited as the "Safe Places Safe Kids Act.". As used in this act: "Playground" means an improved area designed, equipped and set aside as a place for children to play, and shall include any park, recreation facility or area owned or controlled by the State or local governmental unit. "School zone" means any real property used for school purposes which is owned by, or leased to, a board of education and all property within,000 feet of any such school property.. a. Any person who commits any of the following crimes or offenses in a school zone or within 00 feet of a playground is guilty of a crime of the fourth degree: () An offense as set forth in chapter of Title C of the New Jersey Statutes, or as set forth in N.J.S.C:- and C:-, or as set forth in R.S.:- et seq., or as set forth in N.J.S.C:-; or () An offense involving the manufacture, transportation, sale, possession, distribution or habitual use of a "controlled dangerous substance" as defined in the "Comprehensive Drug Reform Act of," N.J.S.C:- et al. or "drug paraphernalia" as defined pursuant to N.J.S.C:- et seq.; or () (a) A crime involving the use of force or the threat of force to or upon a person or property including, but not limited to, robbery, aggravated assault, stalking, kidnapping, arson, manslaughter and murder; or (b) A crime as set forth in chapter of Title C of the New Jersey Statutes, a third degree crime as set forth in chapter 0 of Title C of the New Jersey Statutes, or a crime as listed below: Recklessly endangering another person N.J.S.C:- Terroristic threats N.J.S.C:- Criminal restraint N.J.S.C:- Luring, enticing child into motor vehicle, structure or isolated area P.L., c.

3 A0 BODINE, CHATZIDAKIS Causing or risking widespread injury or damage N.J.S.C:- Criminal mischief N.J.S.C:- Burglary N.J.S.C:- Threats and other improper influence N.J.S.C:- Resisting arrest N.J.S.C:- Escape N.J.S.C:-; or (c) Conspiracy to commit or an attempt to commit any of the crimes described in this act. Notwithstanding the provisions of subsection b. of N.J.S.C:-, a fine of up to $00,000 may be imposed upon any conviction for a violation of this section. b. Notwithstanding the provisions of N.J.S.C:- or any other provisions of law, a conviction arising under this section shall not merge with a conviction for a violation of any of the underlying offenses set forth in paragraphs () through () of subsection a. of this section. The court shall impose separate sentences upon a conviction for committing a crime or offense in a school zone or within 00 feet of a playground and a conviction of any underlying offense. c. In a prosecution under this section, a map produced or reproduced by any municipal or county engineer for the purpose of depicting the location and boundaries of the school zone or a playground, or a true copy of the map, shall be admissible upon proper authentication, and shall constitute prima facie evidence of the location and boundaries of those areas, provided that the governing body of the municipality or county has adopted a resolution or ordinance approving the map as the official finding and record of the location and boundaries of those areas. Any map approved pursuant to this section may be changed from time to time by the governing body of the municipality or county. The original of every map approved or revised pursuant to this section, or a true copy thereof, shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county. Nothing in this section shall be construed to preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense; nor shall this section be construed to preclude the use or admissibility of any map or diagram other than one that has been approved by the governing body of a municipality or county, provided that the map or diagram is otherwise admissible pursuant to the Rules of Evidence.

4 A0 BODINE, CHATZIDAKIS This act shall take effect immediately. STATEMENT This bill, the "Safe Places Safe Kids Act," is designed to promote the safety of our children by making it a crime to commit certain offenses in a school zone or within 00 feet of a park. Under the provisions of the bill, a person who commits one of the bill's enumerated crimes or offenses in a school zone or within 00 feet of a playground is guilty of a crime of the fourth degree. Those enumerated crimes and offenses include: () An offense as set forth in chapter of Title C of the New Jersey Statutes, or as set forth in N.J.S.C:- and C:-, or as set forth in R.S.:- et seq., or as set forth in N.J.S.C:-; or () An offense involving the manufacture, transportation, sale, possession, distribution or habitual use of a "controlled dangerous substance" as defined in the "Comprehensive Drug Reform Act of," N.J.S.C:- et al. or "drug paraphernalia" as defined pursuant to N.J.S.C:- et seq.; or () (a) A crime involving the use of force or the threat of force to or upon a person or property including, but not limited to, robbery, aggravated assault, stalking, kidnapping, arson, manslaughter and murder; or (b) A crime as set forth in chapter of Title C of the New Jersey Statutes, a third degree crime as set forth in chapter 0 of Title C of the New Jersey Statutes, and any of the following crimes: recklessly endangering another person; terroristic threats; criminal restraint; luring or enticing child into motor vehicle, structure or isolated area; causing or risking widespread injury or damage; criminal mischief; burglary; usury; threats and other improper influence; perjury and false swearing; resisting arrest; escape; or (c) Conspiracy to commit or an attempt to commit any of the crimes described in this act. A person convicted of committing one of these crimes or offenses in a school zone or within 00 feet of a playground would be guilty of a crime of the fourth degree. While the bill does not provide for any mandatory term of imprisonment, it does authorize significantly higher monetary penalties. Normally, the maximum fine the courts may impose for a crime of the fourth degree is $0,000. Under this bill, the courts could impose a fine of up to $00,000. The bill also provides that a conviction for committing a crime within a school zone or within 00 feet of a playground is not to be merged with a conviction for any of the enumerated crimes or offenses. This means that the violator would be convicted and sentenced for two separate crimes: () the crime of committing a

5 A0 BODINE, CHATZIDAKIS crime or offense within the school zone or within 00 feet of a playground and () for actually committing the enumerated crime or offense itself.