ASSEMBLY, No. 2146

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED JANUARY 16, 2014

 

 

Sponsored by:

Assemblywoman  CAROLINE CASAGRANDE

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

     Creates crime of intentional discharge of firearm from vehicle.

 

CURRENT VERSION OF TEXT

     As introduced.

 

An Act concerning drive by shootings and supplementing Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  A person who intentionally discharges a firearm from a motor vehicle, motorized bicycle or bicycle in the direction of a person, another occupied motor vehicle or an occupied structure is guilty of a crime of the second degree.

     b.    The provisions of subsection a. shall not apply to a law enforcement officer acting within the scope of official duties.

     c.     Upon conviction, the person's driver's license or reciprocity privilege shall be suspended for a period of not less than one year, or more than five years.  The court shall collect the New Jersey driver's license or licenses of the person and forward such license or licenses to the Chief Administrator of the New Jersey Motor Vehicle Commission along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.

     d.    For purposes of this section, "structure" shall have the same meaning as provided in N.J.S.2C:18-1.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill creates the crime of intentional discharge of firearm from a vehicle, commonly referred to as a "drive by shooting."

     Under the provisions of the bill, a person who intentionally discharges a firearm from a motor vehicle, motorized bicycle or bicycle at a person, another occupied motor vehicle or an occupied structure is guilty of a crime of the second degree.

     "Structure" is defined as "any building, room, ship, vessel, car, vehicle or airplane, and also means any place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present."

     A second degree crime is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000 or both.

     In addition, the bill provides that upon conviction, a person's driver's license will be suspended by the court for a period of one to five years.  Pursuant to current law, N.J.S.2C:64-1, the vehicle used to facilitate the crime is subject to forfeiture.