E325 January 20

NJ Laws Email Newsletter E325 January 20, 2010 Kenneth Vercammen, Attorney at Law In this Issue 1. New Law Authorizes court to waive or reduce parole ineligibility or grant probation instead of mandatory prison for drug-free school zone violations under certain circumstances 2. "Ricci's Law;" increases ignition interlock device requirements for certain drunk driving offenders.

3. New law Revises eligibility for expungement of criminal and juvenile delinquency records 4. DWI Dismissed Under Speedy Trial Where More than 360 Day Lapse. State v.

Tsetsekas 5. South Brunswick Team Wrestling wins against Sayreville and Edison

1. New Law Authorizes court to waive or reduce parole ineligibility or grant probation instead of mandatory prison for drug-free school zone violations under certain circumstances This law authorizes the court to waive or reduce the minimum term of parole ineligibility or place on probation a person convicted of distributing, dispensing, or possessing with the intent to distribute a controlled dangerous substance while on or within a 1,000 feet of school property or a school bus.

In making a determination under the law, the court is required to consider the following factors: (1) the extent of the person’s prior criminal record and the seriousness of the offenses; (2) where the offense was committed in relation to the school property, including distance from the school or bus and the reasonable likelihood of exposing children to drug-related activities there; (3) whether school was in session at the time of the offense; and (4) whether children were present at or in the immediate vicinity of where the offense occurred.

A court would be prohibited under the law from waiving or reducing the minimum

term of parole eligibility or placing the person on probation if: (1) the offense occurred on school property or a school bus; or (2) the defendant, while committing the offense, used or threatened violence; possessed a firearm; or resisted arrest or eluded a police officer.

A waived or reduced term of parole ineligibility or probation sentence imposed by the court under the law would not be final for 10 days so that the prosecution can appeal the court’s determination. A-2762/S-1866

2. "Ricci's Law;" increases ignition interlock device requirements for certain drunk driving offenders.

Assembly Bill No. 3073(2R), entitled “Ricci’s Law,” provides that all persons convicted of first, second, and third offenses of drunk driving would be required to install an ignition interlock device in any motor vehicle that they own, lease or operate.

Current law imposes driver’s license suspensions on all persons convicted of drunk driving and allows the court the option to order the installation of an ignition interlock device after the license suspension period is over and the license is returned to the person. Under the law, the interlock device would be mandatory in all cases and, in addition, would also be required to be in effect during the period of time that the license is suspended.

These Assembly amendments provide that persons who are convicted of refusing the breath test also would be required to install an ignition interlock device. They are subject to the same requirements imposed on convicted drunk drivers under the law, except that all first offenders of the refusal statute would be required to install the device. The amendments also clarify that offenders for offenses other than drunk driving or refusal to submit to the breath test would not be subject to the provisions of the ignition interlock statute. The amendments also provide that the device would be installed only on the vehicle principally operated by the offender.

The amendments also provide for reduced fees for certain persons required to install the device. If the person’s family income does not exceed 100% of the federal poverty level, the monthly leasing fee would be 50% of the cost established by regulation. If the person’s family income does not exceed 149% of the federal poverty level, the monthly leasing fee would be 75% of the cost established by regulation.

Persons who qualify for a reduced fee would not be required to pay the installation fee,

the fee for monitoring of the device, or any fees for calibration or removal of the device.

3. New law Revises eligibility for expungement of criminal and juvenile delinquency records This law makes some changes to the criteria for expungement of criminal convictions and adjudications of delinquency and also adds to the list of crimes that may not be expunged.

Expungement of Indictable Offenses Generally Section 1 of the law reduces the amount of time that must elapse before a person convicted of an indictable offense is eligible for expungement. Under current law, subsection a. of N.J.S.2C:52-2 requires a person to wait 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, before applying to expunge a conviction for an indictable offense. The law would allow expungement for an indictable offense although less than 10 years has expired if the court finds that: • Less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered by the court, or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or • At least five years has expired from the date of conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration

to the nature of the offense, and the applicant’s character and conduct since conviction.

In determining whether compelling circumstances exist, a court may consider the amount of the fine or fines imposed, the person’s age at the time of the offense, the person’s financial condition and other relevant circumstances regarding the person’s ability to pay.

Crimes that May Not Be Expunged Section 1 of the law also adds the following crimes to the list of crimes that cannot be expunged: • Human Trafficking, section 1 of P.L.2005, c.77 (C.2C:13-8); • Causing or permitting a child to engage in a prohibited sexual act, N.J.S.2C:24-4b(3); • Selling or manufacturing child pornography, N.J.S.2C:24:4b(5)(a); • Knowingly promoting the prostitution of the actor’s child, N.J.S.2C:34-1b(4); • Terrorism, section 2 of P.L.2002, c.26 (C.2C:38-2); and • Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices, subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3).

Expungement of Certain Drug Crimes Section 1 of the law also allows expungement of certain convictions for the sale or distribution of a controlled dangerous substance (CDS) or possession thereof with intent to sell. Expungement would be allowed if the convictions involve crimes of the third or fourth degree, and the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense, and the petitioner’s character and conduct since conviction. Under current law, a person may not have his conviction for the sale or distribution of a CDS or possession thereof with intent to sell expunged unless it relates to the

sale, distribution, or possession with intent to sell a small amount of marijuana or hashish.

Expungement of Delinquency Adjudications Section 2 of the law changes the criteria for expunging a record of an adjudication of delinquency. Under current law, to expunge an adjudication of delinquency, a minimum of five years must elapse after final discharge of the person from legal custody or supervision or after the entry of any other court order not involving custody or supervision. Also, the person must not have been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the five years prior to the filing of the petition for expungement. Section 2 of the law would except periods of post incarceration supervision pursuant to section 25 of P.L.1982, c.77 (C.2A:4A-44) from these five-year periods.

Need for Availability of Criminal Records Factor Section 3 of the law amends N.J.S.2C:52-14 to require a court to determine whether the need for the availability of a person’s criminal record outweighs the desirability of freeing the person from the disabilities normally associated with a criminal conviction in cases of third and fourth degree drug offenses. This change is necessitated by section 1 of the law, which authorizes expungement of third and fourth degree convictions for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell. Under current law, a court only weighs this consideration if an objection to the expungement is raised by a law enforcement official.

4. DWI Dismissed Under Speedy Trial Where More than 360 Day Lapse.

State v. Tsetsekas ___ NJ Super ___ (App. Div.2009) 14-2-6170 12-14-09 The court reversed the Law Division conviction and required dismissal of the DWI charge due to a violation of defendant's right to a speedy trial. The extensive delay in adjudicating this matter, caused solely by the state's repeated lapses in preparation and the failure to secure its witnesses, infringed on

defendant's due process rights.

5. South Brunswick Team Wrestling wins against Sayreville and Edison http://blogs.mycentraljersey.com/onthemat/2010/01/16/5989/

Records: South Brunswick 9-3

This week in Middlesex County wrestling (High school Wrestling news)

By THE STAR-LEDGER / Wrestling News January 12, 2010, TEAM TO WATCH South Brunswick won five consecutive matches this season, including a 44-22 victory over Perth Amboy on Jan. 6, before falling, 34-24, to Old Bridge on Saturday. The 6-2 squad lost six starters to graduation last season, but South Brunswick returned senior Brendan Vercammen, a Region 5 champion at 171 pounds in 2009.

Teammates James Pagano (135 pounds), Tyler Jaramillo (140) and Jeff Goldhagen (189) each qualified for the Region 5 tournament last year. South Brunswick faces Sayreville on Saturday as it tries to avenge a 31-29 loss suffered last year and then it squares up against South Plainfield, No. 3 in The Star-Ledger Top 20, on Tuesday Source: http://www.nj.com/hssports/news/wrestling/

GMC Individual Rankings JANUARY 15, 2010 • 11:53 AM

By Greg Tufaro

http://blogs.mycentraljersey.com/onthemat/2010/01/15/gmc-individualrankings-5/ Next South Brunswick Varsity wrestling team meets Tue Tue Sat Sat Sat Wed Fri Sat

01/19/10 01/21/10 01/23/10 01/23/10 01/23/10 01/27/10 01/29/10 01/30/10

@ SOUTH PLAINFIELD HS away vs Hillsborough at South Brunswick at Princeton High School v Ewing High School v West Windsor-Plainsboro N. at EAST BRUNSWICK away Middlesex County championships GMC @PISCATAW Middlesex County championships @ GMC @PISCAT