New Jersey S 2008: Establishes "Health Care Heroes Violence Prevention Act."

Bill Text

(Sponsorship Updated As Of: 2/2/2023)
[Second Reprint]
SENATE, No. 2008

STATE OF NEW JERSEY
220th LEGISLATURE

INTRODUCED MARCH 3, 2022

Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)

Co-Sponsored by:
Senators Polistina, Durr, O'Scanlon, Ruiz and Turner

SYNOPSIS
Establishes “Health Care Heroes Violence Prevention Act.”

CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on
December 5, 2022, with amendments.

S2008 [2R] SINGLETON, MADDEN
2

EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.
Matter enclosed in superscript numerals has been adopted as follows:
1Senate SHH committee amendments adopted May 12, 2022.
2Senate SBA committee amendments adopted December 5, 2022.

AN ACT concerning violence against health care professionals 1
1[and] ,
1 amending
1N.J.S.2C:44-1,
1 and supplementing 2
1[various parts of the statutory law] Title 2C of the New Jersey 3
Statutes and P.L.1971, c.136 (C.26:2H-1 et seq.)
1. 4
5
BE IT ENACTED by the Senate and General Assembly of the State 6
of New Jersey: 7
8
1. (New section) This act may be known and may be cited as 9
the “Health Care Heroes Violence Prevention Act.” 10
11
2. N.J.S.2C:44-1 is amended to read as follows: 12
2C:44-1. a. In determining the appropriate sentence to be 13
imposed on a person who has been convicted of an offense, the 14
court shall consider the following aggravating circumstances: 15
(1) The nature and circumstances of the offense, and the role of 16
the actor in committing the offense, including whether or not it was 17
committed in an especially heinous, cruel, or depraved manner; 18
(2) The gravity and seriousness of harm inflicted on the victim, 19
including whether or not the defendant knew or reasonably should 20
have known that the victim of the offense was particularly 21
vulnerable or incapable of resistance due to advanced age, ill-22
health, or extreme youth, or was for any other reason substantially 23
incapable of exercising normal physical or mental power of 24
resistance; 25
(3) The risk that the defendant will commit another offense; 26
(4) A lesser sentence will depreciate the seriousness of the 27
defendant's offense because it involved a breach of the public trust 28
under chapters 27 and 30 of this title, or the defendant took 29
advantage of a position of trust or confidence to commit the 30
offense; 31
(5) There is a substantial likelihood that the defendant is 32
involved in organized criminal activity; 33
(6) The extent of the defendant's prior criminal record and the 34
seriousness of the offenses of which the defendant has been 35
convicted; 36
(7) The defendant committed the offense pursuant to an 37
agreement to either pay or be paid for the commission of the 38
offense and the pecuniary incentive was beyond that inherent in the 39
offense itself; 40
(8) The defendant committed the offense against a police or 41
other law enforcement officer, correctional employee or firefighter, 42
acting in the performance of the officer, employee, or firefighter 43
duties while in uniform or exhibiting evidence of his authority; the 44

S2008 [2R] SINGLETON, MADDEN
3

defendant committed the offense because of the status of the victim 1
as a public servant;
1[or]
1 the defendant committed the offense 2
against a sports official, athletic coach or manager, acting in or 3
immediately following the performance of the person's duties or 4
because of the person's status as a sports official, coach or manager; 5
or the defendant committed the offense against any
1[worker 6
employed by a licensed health care facility or a]
1 health care 7
professional
1[licensed or otherwise authorized pursuant to Title 26 8
or Title 45 of the New Jersey Statutes to practice a health care 9
profession while clearly identifiable as being engaged in the duties 10
of providing direct patient care, practicing the health care 11
profession, or any other professional duties] , volunteer working for 12
a health care professional or working at a health care facility, 13
2supportive services staff member working for a health care 14
professional or working at a health care facility,
2 or employee of a 15
health care professional or health care facility, while the health care 16
professional, volunteer,
2supportive services staff member,
2 or 17
employee is performing official duties. 18
For the purposes of this paragraph, “health care facility” and 19
“health care professional” mean the same as those terms are defined 20
in subsection b. of section 3 of P.L. , c. (C. ) (pending 21
before the Legislature as this bill)
1 ; 22
(9) The need for deterring the defendant and others from 23
violating the law; 24
(10) The offense involved fraudulent or deceptive practices 25
committed against any department or division of State government; 26