Eliminates provision in bias intimidation statute concerning victim's perception of defendant's purpose; replaces provision with language concerning a "reasonable" victim.
This bill amends New Jersey's bias intimidation statute (N.J.S.2C:16-1) by removing a provision that required a victim's subjective belief about the defendant's purpose. It replaces this with a standard based on whether a "reasonable" person would be intimidated due to protected characteristics like race, religion, or sexual orientation. The change corrects a 2015 Supreme Court ruling that found the original victim-perception standard unconstitutional for being too vague. This adjustment aligns the bias intimidation statute with the "reasonable person" standard used in the stalking statute, which has been upheld in court.
Bill status
in committee
1 of 4 stages cleared
Introduction
Jan 2024
Committee Review
Floor Vote
Governor
Introduced Jan 9, 2024
Last action Jan 9, 2024
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Full legislative history
Actions timeline
Total actions
1
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0
Committee
0
Jan 9, 2024
Introduced
Introduced in the Assembly, Referred to Assembly Judiciary Committee
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Michele Matsikoudis
RRepublican
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