Community – Professionalism - Integrity

Presented by: Deputy Chief James Walsh

Title: Bias Intimidation/Harassment

ANTI-BULLYING BILL OF RIGHTS

Bias Intimidation

Harassment / Bullying

Tyler Clementi (18) of Ridgewood, NJ jumped off the George Washington Bridge after his roommate posted a gay encounter online. 09/29/2010

BIAS IN

TIMID

ATIO

N /

HARASSMENT

2C:16-1

/ 2C:3

3-4

BIAS INTIMIDATION (New and amended laws)Effective 03/13/2008 – the Legislature revised the laws concerning hate

crimes and bullying, and also established a new “Commission on Bullying in Schools”

On 01/05/2011, the Legislature enacted the “Anti-Bullying Bill of Rights Act,” amending and supplementing Title 18A (the Education Code.)

2C:16-1, Bias Intimidation, has been amended to specifically provide that “gender identity or expression” and “national Origin” are within the protected classes set forth in the statute. In addition, the outdated term “handicap” has been replaced with the more modern term, “disability.”

New Penalties have also been added, whereby a court may order a person convicted of Bias Intimidation to: complete a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights; complete a counseling program intended to reduce the tendency toward violent and antisocial behavior; or make payments or other compensation to a community-based program that provides services to victims of bias intimidation.

BIAS INTIMIDATION (2C:16-1)

a. Bias Intimidation. A person is guilty of the crime of bias intimidation if he commits, attempts to commit, conspires with another to commit, or threatens the immediate commission of an offense specified in chapters 11 through 18 of Title 2C of the New Jersey Statutes; N.J.S.2C:33-4; N.J.S.2C:39-3; N.J.S.2C:39-4 or N.J.S.2C:39-5,

(1)with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity; or

(2)Knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, handicap, sexual orientation, or ethnicity; or

Chapter 11 – Criminal Homicide Chapter 15 – Robbery 2C:33-4 - Harassment

Chapter 12 – Assault Chapter 16 – Bias Crimes 2C:39-3/4/5 - Weapons

Chapter 13 – Kidnapping Chapter 17 – Arson

Chapter 14 – Sexual Offenses Chapter 18 - Burglary

(3) under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, handicap, sexual orientation, or ethnicity, or (b) the victim or the victim's property was selected to be the target of the offense because of the victim's race, color, religion, gender, handicap, sexual orientation, or ethnicity.

b. Permissive inference concerning selection of targeted person or property. Proof that the target of the underlying offense was selected by the defendant, or by another acting in concert with the defendant, because of race, color, religion, gender, handicap, sexual orientation, or ethnicity shall give rise to a permissive inference by the trier of fact that the defendant acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity.

c. Grading. Bias intimidation is a crime of the fourth degree if the underlying offense referred to in subsection a. is a disorderly persons offense or petty disorderly persons offense.

Otherwise, bias intimidation is a crime one degree higher than the most serious underlying crime referred to in subsection a.,

except that where the underlying crime is a crime of the first degree, bias intimidation is a first-degree crime and the defendant upon conviction thereof may, notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S.2C:43-6, be sentenced to an ordinary term of imprisonment between 15 years and 30 years, with a presumptive term of 20 years

2C:43-6 Sentence of Imprisonment for Crime; Ordinary Terms; Mandatory Terms

GENDER EXEMPTION

d. Gender exemption in sexual offense prosecutions. It shall not be a violation of subsection a. if the underlying criminal offense is a violation of chapter 14 of Title 2C of the New Jersey Statutes (Sexual Offenses) and the circumstance specified in paragraph (1), (2) or (3) of subsection a. of this section is based solely upon the gender of the victim.

MERGER EXEMPTION

e. Merger. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction for bias intimidation shall not merge with a conviction of any of the underlying offenses referred to in subsection a. of this section, nor shall any conviction for such underlying offense merge with a conviction for bias intimidation. The court shall impose separate sentences upon a conviction for bias intimidation and a conviction of any underlying offense. L.2001,c.443,s.1.

NEW JERSEY BULLYING DEFINITION Harassment, Intimidation and Bullying (HIB)

HIB means any gesture, any written, verbal or physical act, or any electronic communication, whether it be a single incident or a series of incidents, that:

•Is reasonably perceived as being motivated either by an actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic;• Takes place on school property, at any school-sponsored function, or on a school bus; or off school grounds, as provided for in N.J.S.A. 18A:37-15.3,

• Substantially disrupts or interferes with the orderly operation of the school or the rights of other students; and that

• A reasonable person should know, under the circumstances, will have the effect of physically or emotionally harming a student or damaging the student’s property, or placing a student in reasonable fear of physical or emotional harm to his person or damage to his property; or

• Has the effect of insulting or demeaning any student or group of students; or

• Creates a hostile educational environment for the student by interfering with a student’s education or by severely or pervasively causing physical or emotional harm to the student

CLASSES OF OFFENSES (2C:1-4)Petty Disorderly & Disorderly - maximum penalty of 6 months or less

imprisonment. There is no right to indictment by a Grand Jury nor any right to a trial by jury. The maximum fine/restitution for a PDP offense is $500 and $1,000 for a DP offense.

4th Degree – maximum fine/restitution $10,000/term of imprisonment not to exceed 18 months

3rd Degree – maximum fine/restitution $15,000/3-5 years imprisonment

2nd Degree – maximum fine/restitution $150,000/5-10 years imprisonment

1st Degree – maximum fine/restitution $200,000/10-20 yrs imprisonment

HARASSMENT2C: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.

HARASSMENT (CONTINUED)

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, 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.

L.1978, c.95; amended 1983, c.334; 1990, c.87, s.2; 1995, c.211, s.2; 1998, c.17, s.4; 2001, c.443, s.3.

Anti-bullying Specialist (School)•Appointed by the principal from currently employed staff – usually a guidance counselor, school psychologist, or other school staff trained as an anti-bullying specialist

•Chairs the school safety team

•Leads the investigation of reported HIB incidents

•Acts as the primary school official responsible for preventing, identifying, and addressing incidents of HIB in the school

•Assists the principal in implementing the range of ways for responding to HIB established by the school board

•Provides input to local school board on annual re-evaluation, reassessment, and review of policy

POINTS OF CLARIFICATION

• School district officials are required to complete the HIB procedures established by the Anti-Bullying Bill of Rights (ABR) even when law enforcement officials are involved in the matter.

• The ABR applies to pre-school students, in fact – the ABR does not establish an age range that qualifies students to receive the services nor does it exempt any age group from receiving the required services.

Required Training for Police Officers

52:17B-77.12 – all new police officers to complete two hours of training, which may include interactive training, in identifying, responding to, and reporting bias intimidation crimes. The New Jersey Police Training Commission shall develop or revise the training course in consultation with the New Jersey Human Relations Council.

QUESTIONS?