An Act concerning acts of harassment committed against parking enforcement officers, and amending N.J.S.2C:33-4.

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

1. N.J.S.2C:33-4 is amended to read as follows:

2C:33-4. Harassment.

Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:

a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.

d. (Deleted by amendment, P.L.2001, c.443).

e. A person commits a crime of the fourth degree [if, in committing an offense] under this section if:

(1) In committing an offense, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States; or

(2) While maintaining a close physical proximity, he commits an offense in violation of subsection a. of this section by making a terroristic threat, as defined by N.J.S.2C:12-3, against a parking enforcement officer appointed by a parking authority created pursuant to the "Parking Authority Law," P.L.1948, c.198 (C.40:11A-1 et seq.), or appointed by a municipality pursuant to P.L.1987, c.260 (C.40A:9-154.7 et seq.), or otherwise commits an offense under subsection b. of this section against that parking enforcement officer, and the officer is presently engaged in the actual performance of the officer's duties.

(cf: P.L.2001, c.443, s.3)

2. This act shall take effect immediately.

STATEMENT

This bill would upgrade harassment, normally a petty disorderly persons offense, to a crime of the fourth degree when such harassing activity consisted of making a terroristic threat (defined by N.J.S.2C:12-3) against a parking enforcement officer while maintaining a close physical proximity to that officer, or otherwise subjecting such officer to a harassing act of striking, kicking, shoving, or other offensive touching, or the threat thereof, and that officer is presently engaged in the actual performance of the officer's duties.

A crime of the fourth degree is ordinarily punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both; by comparison, a petty disorderly persons offense is ordinarily punishable by a term of imprisonment of up to 30 days, a fine of up to $500, or both.

The sponsor notes that parking enforcement officers in municipalities large and small perform a valuable role, and one that is shared with law enforcement officers, in ensuring the safety and welfare of the general public. They help maintain access to emergency parking and other designated areas for use by firefighters and other first responders, as well as ensure the overall free circulation of traffic for the benefit of the communities they serve. Parking enforcement officers are thus deserving of a similar level of respect to law enforcement officers when performing their public duties, and in order to assist them in fulfilling those duties they should be afforded the additional legal protections set forth in this bill.