TRENTON, N.J. — The Assembly Appropriations Committee has advanced Assembly Bill No. 2378 (1R), which would impose tougher penalties for assaults on law enforcement officers and certain other emergency personnel. The bill, as amended, increases the penalties for such assaults, particularly in cases involving serious bodily injury or the use of bodily fluids.
Under current law, assaulting a law enforcement officer resulting in bodily injury is classified as a third-degree crime, while an assault without injury is a fourth-degree crime.
The proposed legislation would raise the charge to a second-degree crime if the assault causes serious bodily injury. Additionally, convictions for assaulting law enforcement officers would not merge with other criminal offenses, and Pretrial Intervention Program access would be restricted for those charged with second-degree assault under the bill.
The legislation also enhances penalties for assaulting a law enforcement officer, firefighter, court service officer, or emergency medical service personnel using bodily fluids.
Assault with bodily fluids that results in serious bodily injury would be upgraded to a second-degree crime under the amended bill.
“Under the bill, a mandatory term of incarceration under the No Early Release Act (NERA) would not apply to second-degree assaults unless serious bodily injury results,” the committee noted in its report.
The bill also introduces mandatory testing for communicable diseases for individuals charged with assaults involving bodily fluids. If there is probable cause, a court-issued warrant can require the accused to provide a biological sample for testing. The results would be shared with the victim, and the sample must be destroyed after testing, unless a separate warrant is issued for additional investigatory purposes.
The fiscal impact of the bill remains unavailable at this time. The proposed legislation is identical to Senate Bill No. 3201 (1R), which has also been amended and reported by the committee.
