SENATE, No. 2747

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 9, 2015

 

 

Sponsored by:

Senator  NILSA CRUZ-PEREZ

District 5 (Camden and Gloucester)

Senator  FRED H. MADDEN, JR.

District 4 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Provides active duty Armed Forces and Reserves members with exemption from jury duty and protection from assault while on military duty.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act extending certain benefits to members of the United States Armed Forces and Reserves, and amending N.J.S.38A:4-6 and 38A:14-8.

 

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

 

     1.    N.J.S.38A:4-6 is amended to read as follows: 

     38A:4-6.  Every officer and enlisted member of the organized militia, [during his service therein] or the United States Armed Forces or a Reserve component thereof, while on active duty, shall be exempt from jury duty.

(cf:  N.J.S.38A:4-6)

 

     2.    N.J.S.38A:14-8 is amended to read as follows: 

     38A:14-8.  Any person who assaults, fires at, throws a missile at, against, or upon any uniformed member or members of the militia, or the United States Armed Forces or a Reserve component thereof, or other person lawfully aiding such member or members, when assembling or assembled for the purpose of performing  any military duty, shall be guilty of a [misdemeanor] crime of the fourth degree and subject to the penalties therefor, except that the amount of a fine shall be a mandatory minimum of $1,000.

     Any monies collected pursuant to this section shall be forwarded to the Department of the Treasury to be deposited in the "NJ National Guard State Family Readiness Council Fund" established pursuant to section 1 of P.L.2011, c.117 (C.54A:9-25.29).

     Monies in the fund shall be appropriated by the Legislature on an annual basis in the manner and for the purposes prescribed by section 1 of P.L.2011, c.117 (C.54A:9-25.29).

(cf:  N.J.S.38A:14-8)

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill adds the United States Armed Forces and the Reserves to the sections of law exempting service members on active duty from jury duty.  In addition, under current law, any person who assaults, fires at, throws missiles at, against, or upon any uniformed member of the militia, while on active duty, or person aiding such member, is guilty of a misdemeanor.  This bill adds members of the United States Armed Forces and Reserves to those protected by the law and replaces the term misdemeanor with the current equivalent designation of a crime of the fourth degree.  The bill also adds a mandatory minimum fine of $1,000 for a violation of the statute. 

Any fines collected will be deposited in the "NJ National Guard State Family Readiness Council Fund."