S 550 New Jersey Senate · 2024-2025 Regular Session

Eliminates provision in bias intimidation statute concerning victim's perception of defendant's purpose; replaces provision with language concerning a "reasonable" victim.

This bill (S 550) amends New Jersey's bias intimidation statute (N.J.S.2C:16-1) by removing a specific provision that relied on a victim's perception of the defendant's purpose. The New Jersey Supreme Court ruled this provision unconstitutional in *State v. Pomianek* (2015) for being unconstitutionally vague. The bill replaces it with language requiring that the victim's belief be "reasonable" under the circumstances, mirroring a standard upheld in the stalking statute (*State v. Gandhi*, 2008). This change directly affects how bias intimidation cases are prosecuted in New Jersey courts, ensuring the law complies with due process requirements.
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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Jan 9, 2024
Introduced
Introduced in the Senate, Referred to Senate Judiciary Committee
upper
1 primary · 0 co-sponsors

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Photo of Jon Bramnick
Jon Bramnick
RRepublican
NJ
21