An Act concerning wiretap authorization and amending P.L.1968, c. 409.

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

1. Section 8 of P.L.1968, c. 409 (C.2A:156A-8 ) is amended to read as follows:

8. The Attorney General, county prosecutor or a person designated to act for such an official and to perform his duties in and during his actual absence or disability, may authorize, in writing, an ex parte application to a judge designated to receive the same for an order authorizing the interception of a wire, or electronic or oral communication by the investigative or law enforcement officers or agency having responsibility for an investigation when such interception may provide evidence of the commission of the offense of murder, kidnapping, gambling, robbery, bribery, a violation of paragraph (1) or (2) of subsection b. of N.J.S.2C:12-1, a violation of section 3 of P.L.1997, c.353 (C.2C:21-4.3), a violation of section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking), a violation of N.J.S.2C:21-19 punishable by imprisonment for more than one year, a violation of P.L.1994, c.121 (C.2C:21-23 et seq.), a violation of paragraphs (2) through (7) of subsection b. of N.J.S.34-1 for promoting prostitution, a violation of sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5), a violation of N.J.S.2C:33-3, a violation of N.J.S.2C:17-2, a violation of sections 1 through 3 of P.L.1983, c.480 (C.2C:17-7 through 2C:17-9), a violation of N.J.S.2C:12-3 (terroristic threats), violations of N.J.S.2C:35-3, N.J.S.2C:35-4 and N.J.S.2C:35-5, violations of sections 112 through 116, inclusive, of the "Casino Control Act," P.L.1977, c.110 (C.5:12-112 through 5:12-116), arson, burglary, theft and related offenses punishable by imprisonment for more than one year, endangering the welfare of a child pursuant to N.J.S.2C:24-4, escape, forgery and fraudulent practices punishable by imprisonment for more than one year, alteration of motor vehicle identification numbers, unlawful manufacture, purchase, use, or transfer of firearms, unlawful possession or use of destructive devices or explosives, weapons training for illegal activities pursuant to section 1 of P.L.1983, c.229 (C.2C:39-14), racketeering or a violation of subsection g. of N.J.S.2C:5-2, leader of organized crime, organized criminal activity directed toward the unlawful transportation, storage, disposal, discharge, release, abandonment or disposition of any harmful, hazardous, toxic, destructive, or polluting substance, or any conspiracy to commit any of the foregoing offenses or which may provide evidence aiding in the apprehension of the perpetrator or perpetrators of any of the foregoing offenses.

(cf: P.L.2002, c.26, s.6)

2. This act shall take effect immediately.

STATEMENT

This bill would amend the "New Jersey Wiretapping and Electronic Surveillance Control Act," P.L.1968, c. 409 (C.2A:156A-1 et seq.), to authorize wiretap orders for the crime of human trafficking and promoting prostitution or a conspiracy to commit these crimes.

Under the current provisions of the law wiretap orders are authorized for the following crimes or a conspiracy to commit these crimes: murder, kidnapping, gambling, robbery, bribery, aggravated assault under certain circumstances, health care claims fraud, certain wrongful credit practices, money laundering, terrorism, false public alarms, causing or risking widespread injury or damage, damage to nuclear plants, terroristic threats, leaders of narcotics trafficking network, maintaining or controlling a CDS production facility, manufacturing, distributing or dispensing CDS, violations of the "Casino Control Act," arson, burglary, theft and related offenses, endangering the welfare of a child, escape, forgery and fraudulent practices, alteration of motor vehicle identification numbers, unlawful manufacture, purchase, use, or transfer of firearms, unlawful possession or use of destructive devices or explosives, weapons training for illegal activities, racketeering, leader of organized crime, and organized criminal activity.

This bill adds human trafficking and promoting prostitution to the enumerated crimes.