SENATE, No. 4319
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED MAY 12, 2025
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Senator Burgess
SYNOPSIS
Makes human trafficking-related crimes subject to No Early Release Act sentencing.
CURRENT VERSION OF TEXT
As introduced.
An Actconcerning human trafficking and amending P.L.2005, c.77 and P.L.1997, c.117.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2005, c.77 (C.2C:13-8) is amended to read as follows:
1. Human trafficking. a. A person commits the crime of human trafficking if he:
(1) knowingly holds, recruits, lures, entices, harbors, transports, provides or obtains, by any means, another, to engage in sexual activity as defined in paragraph (2) of subsection a. of N.J.S.2C:34-1 or to provide labor or services:
(a) by causing or threatening to cause serious bodily harm or physical restraint against the person or any other person;
(b) by means of any scheme, plan, or pattern intended to cause the person to believe that the person or any other person would suffer serious bodily harm or physical restraint;
(c) by committing a violation of N.J.S.2C:13-5 against the person;
(d) by destroying, concealing, removing, confiscating, or possessing any passport, immigration-related document as defined in section 1 of P.L.1997, c.1 (C.2C:21-31), or other document issued by a governmental agency to any person which could be used as a means of verifying the person's identity or age or any other personal identifying information;
(e) by means of the abuse or threatened abuse of the law or legal process;
(f) by means of fraud, deceit, or misrepresentation against the person; or
(g) by facilitating access to a controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes; or
(2) receives anything of value from participation as an organizer, supervisor, financier or manager in a scheme or course of conduct which violates paragraph (1) of this subsection; or
(3) knowingly holds, recruits, lures, entices, harbors, transports, provides or obtains, by any means, a child under 18 years of age, to engage in sexual activity as defined in paragraph (2) of subsection a. of N.J.S.2C:34-1, whether or not the actor mistakenly believed that the child was 18 years of age or older, even if that mistaken belief was reasonable.
b. An offense under this section constitutes a crime of the first degree.
c. It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense of human trafficking created by this section, the defendant was a victim of human trafficking.
d. Notwithstanding the provisions of N.J.S.2C:43-6, the term of imprisonment imposed for a crime of the first degree under [paragraph (2) or (3) of] subsection a. of this section shall be [either a term of 20 years during which the actor shall not be eligible for parole, or] a specific term between [20] 24 years and life imprisonment, [of which the actor shall serve 20 years before being eligible for parole] subject to the provisions of section 2 of P.L.1997, c.117 (C.2C:43-7.2). Notwithstanding the provisions of N.J.S.2C:43-3, the sentence for a conviction for a crime of the first degree under this section shall include a fine in an amount of not less than $25,000, which shall be collected as provided for the collection of fines and restitutions in section 3 of P.L.1979, c.396 (C.2C:46-4) and forwarded to the Department of the Treasury to be deposited in the "Human Trafficking Survivor's Assistance Fund" established by section 2 of P.L.2013, c.51 (C.52:17B-238).
e. In addition to any other disposition authorized by law, any person who violates the provisions of this section shall be ordered to make restitution to any victim. The court shall award to the victim restitution which is the greater of:
(1) the gross income or value to the defendant of the victim's labor or services; or
(2) the value of the victim's labor or services as determined by the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal Farm Labor Act, P.L.1945, c.71 (C.34:9A-1 et seq.), the laws concerning the regulation of child labor in chapter 2 of Title 34 of the Revised Statutes, or any other applicable State law, and the "Fair Labor Standards Act of 1938," 29 U.S.C. s.201 et seq., or any other applicable federal law.
(cf: P.L.2013, c.51, s.3)
2. Section 2 of P.L.1997, c.117 (C.2C:43-7.2) is amended to read as follows:
2. a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of [85%] 85 percent of the sentence imposed, during which the defendant shall not be eligible for parole.
b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3, or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.
c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time the defendant completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant's release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions of section 3 of P.L.1997, c.117 (C.30:4-123.51b).
d. The court shall impose sentence pursuant to subsection a. of this section upon conviction of the following crimes or an attempt or conspiracy to commit any of these crimes:
(1) N.J.S.2C:11-3, murder;
(2) N.J.S.2C:11-4, aggravated manslaughter or manslaughter;
(3) N.J.S.2C:11-5, vehicular homicide;
(4) subsection b. of N.J.S.2C:12-1, aggravated assault;
(5) subsection b. of section 1 of P.L.1996, c.14 (2C:12-11), disarming a law enforcement officer;
(6) N.J.S.2C:13-1, kidnapping;
(7) subsection a. of N.J.S.2C:14-2, aggravated sexual assault;
(8) subsection b. of N.J.S.2C:14-2 and paragraph (1) of subsection c. of N.J.S.2C:14-2, sexual assault;
(9) N.J.S.2C:15-1, robbery;
(10) section 1 of P.L.1993, c.221 (C.2C:15-2), carjacking;
(11) paragraph (1) of subsection a. of N.J.S.2C:17-1, aggravated arson;
(12) N.J.S.2C:18-2, burglary;
(13) subsection a. of N.J.S.2C:20-5, extortion;
(14) subsection b. of section 1 of P.L.1997, c.185 (C.2C:35-4.1), booby traps in manufacturing or distribution facilities;
(15) N.J.S.2C:35-9, strict liability for drug induced deaths;
(16) section 2 of P.L.2002, c.26 (C.2C:38-2), terrorism;
(17) section 3 of P.L.2002, c.26 (C.2C:38-3), producing or possessing chemical weapons, biological agents or nuclear or radiological devices;
(18) N.J.S.2C:41-2, racketeering, when it is a crime of the first degree;
(19) subsection i. of N.J.S.2C:39-9, firearms trafficking;
(20) paragraph (3) of subsection b. of N.J.S.2C:24-4, causing or permitting a child to engage in a prohibited sexual act, knowing that the act may be reproduced or reconstructed in any manner, or be part of an exhibition or performance;
(21) section 1 of P.L.2024, c.83 (C.2C:18-2.1), home invasion burglary; [or]
(22) section 2 of P.L.2024, c.83 (C.2C:18-2.2), residential burglary; or
(23) section 1 of P.L.2005, c.77 (C.2C:13-8), human trafficking; section 5 of P.L.2013, c.51 (C.2C:13-9), assisting in human trafficking; or section 12 of P.l.2013, c.51 (C.2C:13-10), commercial sex abuse of a minor.
e. (Deleted by amendment, P.L.2001, c.129).
(cf: P.L.2024, c.83, s.8)
3. This act shall take effect immediately.
STATEMENT
This bill makes the crimes of human trafficking pursuant to N.J.S.A.2C:13-8, assisting in human trafficking pursuant toN.J.S.A.2C;13-9, and commercial sexual abuse of a minor pursuant to N.J.S.A.2C:13-10, subject to the "No Early Release Act" (section 2 of P.L.1997, c.117 (C.2C:43- 44 7.2)).
Under current law, these human trafficking crimes are not subject to the State's No Early Release Act (NERA), which requires the court to fix a minimum term of 85 percent of the sentence imposed for certain first and second degree crimes before being eligible for parole. NERA also requires a court to impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision for a crime of the second degree. During the term of parole supervision the defendant would remain in the legal custody of the Commissioner of the Department of Corrections and be supervised by the State Parole Board as if on parole. As such, the defendant could be returned to prison for a parole violation.
Under current law, a person convicted of the first degree crime of human trafficking pursuant to N.J.S.A.2C:13-8 is to be sentenced to either a term of 20 years, during which the person is ineligible for parole, or a specific term between 20 years and life imprisonment, in which case the person is required to serve 20 years before being eligible for parole. Under the bill, a person convicted of human trafficking is to be sentenced to: a term of 24 years to life imprisonment, of which 85 percent of the sentence would need to be served before being eligible for parole. Under NERA, a life sentence is deemed to be 75 years, so a defendant sentenced to a term of life imprisonment would be required to complete 63.75 years prior to being eligible for parole.
Under current law, a person guilty of the second degree crime of assisting in human trafficking is to be sentenced to a term of imprisonment, which includes a period of parole ineligibility of one-third to one-half of the term of imprisonment imposed or three years, whichever is greater. A crime of the second degree is generally punishable by a fine of up to $150,000, a term of imprisonment of five to 10 years, or both. Under the bill, a person guilty of assisting in human trafficking would need to serve 85 percent of the sentence imposed before being eligible for parole.
A person convicted of commercial sexual abuse of a minor pursuant under current law is guilty of a crime of the first degree. A crime of the first degree is generally punishable by a fine of up to $200,000, a term of imprisonment of 10-20 years, or both. The provisions of the bill would require a person sentenced for a violation under this section to serve 85 percent of the sentenced imposed prior to being eligible for parole.