For Release:  December 27, 2001    Contact: Chuck Leitgeb

COLLINS EXPRESSES CONCERN ABOUT PROPOSED TAX AMNESTY LEGISLATION

Assembly Speaker Jack Collins today said he has reservations about the Legislature implementing a tax amnesty program in the state.

"I’m troubled by amnesty bills in general, but I am particularly concerned about this proposed initiative," said Collins, R-Salem, Cumberland, Gloucester. "I am not convinced that implementing a tax amnesty program at this point in time is the right way to go.

"Governor-elect McGreevey also has expressed concerns with a tax amnesty program," Collins added. "At this point, it is difficult to gage the depth of support for a tax amnesty program. Speculation about the future of this legislation has been fueled by the media, but I’m not certain there is widespread enthusiasm for tax amnesty."

Collins said the fact that 75 percent of the Democrat members on the Appropriations Committee voted against the bill indicates support for the program may be weak.

"If the Democrats on the committee voted against the tax amnesty bill, which would really have more of an impact on the state when they assume control of the Assembly, it is hard to imagine this bill passing the full Assembly," Collins said.

The Speaker pointed out that when the state implemented the last tax amnesty program in 1996, the Treasurer’s Office had the program developed and ready for implementation.

"It would be difficult to get the amnesty program off the ground with transition taking place," Collins stated. "I have serious doubts that an amnesty program could be effectively implemented with the change in administration taking place. It might be better left for another day. My support for a tax amnesty program is far from being a reality."

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For Release:  December 17, 2001    Contact: Majority Press Office

RUSSO BILL INCREASING PENALTIES FOR BIAS INTIMIDATION ADVANCES

Russo said the measure would require prosecutors to charge the defendant with bias intimidation if the victim "reasonably believed" an attack was motivated by race, color, gender, handicap, religion, sexual orientation or ethnicity. Juries then would have to convict individuals of the crime for any penalties to be assessed.

"There is no place in our society for crimes motivated by hate and bigotry," said Russo, R-Bergen, Passaic. "My bill would make it clear that actions related to bias intimidation will have severe consequences."

The bill, which was merged with identical Senate legislation, was approved by a 74-1-2 vote. It now heads to the Governor for consideration.

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For Release:  December 17, 2001    Contact: Edward Rumen

AZZOLINA-THOMPSON MEASURE NAMING ROUTE 9 BRIDGE IN HONOR OF
ELLIS VIESER ADVANCES

Legislation sponsored by Assemblymen Joseph Azzolina and Samuel D. Thompson that would name a bridge along a major road after a long-time New Jersey infrastructure champion was approved today by the General Assembly.

The measure, A-3949, would designate the U.S. Highway Route 9 southbound bridge spanning the Raritan River as the "Ellis S. Vieser Memorial Bridge." Vieser, who passed away June 18 in Middletown was 79 when he died. During his lifetime he was an untiring advocate for infrastructure improvements throughout New Jersey and served on a variety of organizations, commissions and agencies.

"The people of New Jersey have benefitted from the wisdom and hard work of Ellis Vieser," said Azzolina, R-Monmouth, Middlesex. "He was a tireless proponent for improving the state’s infrastructure, economy and quality of life. He deserves this honor for his years of service to the state and its people."

"Mr. Vieser was appointed to various commissions and agencies by four different governors," said Thompson, also R-Middlesex, Monmouth. "His expertise in infrastructure development was so widely respected and acknowledged that every recent administration felt it needed him to be part of its team."

Vieser was a founder of the New Jersey Alliance for Action, a nonprofit, nonpartisan statewide coalition of business, labor, professional, academic and government organizations that worked together in advancing infrastructure issues. The group helped gain voter approval of ballot questions that ultimately provided more than $100 billion in funds for improvements in transportation, port dredging, water supply, college and public school construction and environmental protection projects.

The measure was approved by a 77-0-1 vote and now heads to the Senate for consideration.

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For Release:  December 17, 2001    Contact: Debbie Frank

LANCE-BATEMAN BILL REQUIRING COVERAGE FOR COLORECTAL CANCER
SCREENING ADVANCES

The bill would require coverage for expenses incurred in conducting colorectal cancer screening at regular intervals for persons aged 50 and over; and coverage would also extend to individuals of any age who are considered to be at high risk for colorectal cancer. High risk individuals would include those who have a family history of hereditary non-polyposis colon cancer, breast, ovarian, endometrial or colon cancer or polyps; chronic inflammatory bowel disease or a background, ethnicity or lifestyle creating a high risk, as determined by the physician.

The American Cancer Society and the National Comprehensive Cancer Network list colorectal cancer as the third most common cancer in the United States, excluding skin cancer. Both organizations recommend routine colorectal screenings beginning at age 50.

For Release:  December 17, 2001    Contact: Majority Press Office

FELICE MEASURE DENOUNCING RETALIATIONOF MUSLIM-AMERICANS ADVANCES

Legislation sponsored by Assemblyman Nicholas Felice that would urge the public against Muslim retaliation was approved today by the General Assembly.

"Since the Sept. 11th attacks, many Muslims have experienced acrimonious, and sometimes violent backlash," said Felice, R-Bergen, Passaic. "Innocent people are being chastised for a crime they didn’t commit.

The measure also stresses Islam, an ancient and sacred religion, does not advocate hatred and violence, nor does it sanction terrorist acts.

"America is experiencing a ‘Red Scare’ of the new century, replacing communism with terrorism," Felice said. "All Muslims are being castigated for the beliefs and actions of a few.

"Some citizens have even taken it upon themselves to ‘flush out’ terrorists through violence and vigilantism," Felice said. "We’re reiterating today ‘counter-terrorism’ is not the answer. The death of another innocent victim, Muslim or non-Muslim, will not be tolerated."

The resolution, ACR- 166, was approved by a 76-0 vote and now heads to the Senate for consideration.

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For Release: December 17, 2001    Contact: Jody Graichen

GIBSON-BODINE BILL APPROPRIATING $13 MILLION FOR FARMLAND PRESERVATION WINS APPROVAL

Legislation sponsored by Assemblymen John C. Gibson and Francis L. Bodine that would earmark more than $13 million for farmland preservation projects was approved today by the General Assembly.

The measure, A-3966, would appropriate $2.8 million from the "1995 Farmland Preservation Fund" and $11.7 from the "Garden State Farmland Preservation Trust Fund."

"Farmland preservation is crucial to maintaining our state’s agricultural livelihood," said Gibson, R-Cape May, Atlantic, Cumberland. "Our state harvests some of the best produce in the world, and our farmland preservation policy will keep it that way.

"Our state has many diverse natural landscapes, from the mountains of North Jersey to the Pinelands and beautiful coastlines of South Jersey. However, the common thread throughout the state is our farmland," said Bodine, R-Atlantic, Burlington, Camden. "By allocating funds to preserve New Jersey’s farmland, we would be guaranteeing that the state does not become so over-developed that we forget its’ natural beauty and historic agricultural significance."

"I am proud that we are making another down payment to preserve our heritage for the coming generations of New Jerseyans," said Gibson.

The measure was approved by a vote of 45-29-1 and now heads to the Senate for consideration.

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For Release:  December 17, 2001    Contact: Edward Rumen

GREGG-CARROLL MEASURE EXTENDING 65 MPH SPEED LIMIT ROADWAY ELIGIBILITY ZONES ADVANCES

Legislation sponsored by Assemblymen Guy R. Gregg and Michael Patrick Carroll that would increase the miles of highways eligible for the 65 mile-per-hour speed limit was approved today by the General Assembly.

The measure, A-217, would amend the "Sixty-Five MPH Speed Limit Implementation Act," also sponsored by Gregg and Carroll, by extending the higher speed limits to some portions of state roadways that were excluded in the original legislation.

"Initial state studies have shown that New Jersey motorists have adopted well to the increased speed limits in zones where it is permitted," said Gregg, R-Sussex, Hunterdon, Morris. "It is time to extend the 65 miles-per-hour speed limit to those portions of limited-access highways that were excluded in the original study. Such exclusions resulted in some sections of the same highway being one speed, and other sections a lower speed."

"Changing the speed limits on the same highway is distracting and dangerous to motorists," said Carroll, R-Morris. "It is safer and provides a more orderly movement of traffic by having one consistent speed limit. Motorists have shown they are capable of driving safely at the higher speeds and should be allowed to do so the entire length of a roadway."

The bill, A-217, was approved by a vote of 70-4-4 and now heads to the Senate for consideration.

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For Release:  December 17, 2001    Contact: Jody Graichen

BIONDI-DECROCE BILL DETERMINING LIKELIHOOD FOR DEVELOPMENT OF LAND APPROVED BY ASSEMBLY

Legislation sponsored by Assemblymen Peter J. Biondi and Alex DeCroce that would specify the criteria to determine the degree of likelihood of development of lands proposed for acquisition for recreation and conservation was approved today by the full Assembly.

The measure, A-2909, would require the Department of Environmental Protection to consider various conditions when determining the "degree of likelihood of development" of lands.

"By researching the permeability of soil, bedrock conditions, and the presence of steep slopes and wetlands, the DEP would be able to predict and determine the likelihood of development of these lands," said Biondi, R-Morris, Somerset. "This legislation would apply to all land acquisitions for recreational and conservation purposes by local governments."

"By crafting a ranking system for eligibility to receive funding for recreation and conservation, local governments, along with the DEP, would prioritize land acquisition projects that would most benefit the residents around the area," said DeCroce, R-Morris, Essex, Passaic..

The measure was approved by a vote of 78-0 and now heads to the Senate for consideration.

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For Release:  December 17, 2001    Contact: Derek Everman

LANCE BILL TO BAN SALE OF MERCURY THERMOMETERS APPROVED BY ASSEMBLY

Legislation sponsored by Assemblyman Leonard Lance that would ban the sale and distribution of mercury thermometers in New Jersey was approved today by the full Assembly.

The measure, A-3250, would ban all uses of the mercury based thermometer including sales to individuals and commercial users, and promotional distributions.

"Mercury is a toxic, dangerous chemical unsafe for use in any format. We now have several choices for thermometers including the latex strip type and digital. These new types are more accurate, easier to read and most importantly, safe."

"There are many health and environmental concerns tied to the use and the disposal of mercury, one of the biggest being its use in thermometers," said Lance, R-Warren, Hunterdon, Mercer. "One major concern is the danger of waste mercury from discarded thermometers polluting waste streams. Most of these thermometers come from hospitals and doctors offices."

The measure was approved by a 75-0-3 vote and now heads to the Senate for consideration.

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For Release:  December 17, 2001    Contact: Jody Graichen

BAGGER BILLS PROVIDING TAX CREDIT FOR WATER RECYCLING
APPROVED BY ASSEMBLY

Two bills sponsored by Assemblyman Richard H. Bagger that would reward taxpayers for implementing environmental safeguards were approved today by the Assembly.

The first bill, A-2380, would provide a credit against the Corporation Business Tax (CBT) for taxpayers who purchase equipment that is used to treat or convey effluent or wastewater for reuse in an industrial process while the second measure, A-2381, would exempt the sales of certain effluent treatment equipment from the "Sales and Use Tax Act."

According to Assemblyman Bagger, both bills would promote environmentally responsible practices by New Jersey businesses.

Treatment equipment, subject to the bills, consists of any equipment used to take effluent from a wastewater treatment system about to be discharged into the waters of the State for purposes of further treatment and reuse in an industrial process.

"The equipment can only be used within the state, and the individuals who purchase the equipment will be entitled to a credit against the franchise tax for 50 percent of the cost less the amount of any loan," said Bagger, R-Union, Somerset, Morris, Middlesex. The credit amount could not exceed 50 percent of the tax liability which would be otherwise due.

"Our goal is to assist those New Jersey businesses which take initiative in recycling water and protecting our resources. By providing a tax credit, we hope to influence more individuals to help keep our waterways clean and our water supply plentiful," said Bagger.

To qualify for the tax credit, a taxpayer must apply for a certification from the Department of Environmental Protection, which certifies that all equipment purchased qualifies as treatment equipment.

The Senate Budget and Appropriations Committee amended the bills to:

extend coverage of the credit to purchases of equipment used to convey wastewater to and from the re-treatment facility;

clarify that the credit shall be available only for the purchases made in the tax years following the bill’s enactment.

For Release:  December 17, 2001    Contact: Edward Rumen

GEIST MEASURE INCREASING PENALTIES FOR PREVAILING WAGE VIOLATIONS APPROVED BY ASSEMBLY

Legislation sponsored by Assemblyman George F. Geist that would increase the administrative penalties for prevailing wage violations was approved today by the full Assembly.

The measure, A-2887, would increase certain penalties for hindering official investigations into violations of the New Jersey Prevailing Wage Act by placing new penalties 10 times higher than current law allows.

"A prevailing wage act is an important cornerstone to public works projects throughout New Jersey," said Geist, R-Camden, Gloucester. "It provides a living wage for workers, levels the playing field among contractors and reinforces the public’s expectations that a quality project will be constructed for public use."

Geist said his legislation came about as a result of hearings he held as chairman of the Assembly Labor Committee.

"At our committee hearings, we received expert testimony alerting us penalties for violating the prevailing wage law were no longer a strong deterrent to unscrupulous contractors who would employ undocumented or unqualified workers," Geist said. "All too often, an unscrupulous employer would attempt to hinder or delay Labor Department officials from checking records or take other actions to hide the violations. Clearly something had to be done to help enforcement."

Geist’s legislation would increase by tenfold the current administrative penalties the state Labor Commissioner could order against prevailing wage violators. Under Geist’s bill, an employer found in violation of the act for hindering or delaying Labor Department officials from enforcing the act would face penalties of $250 to $2,500 for a first violation and $500 to $5,000 for each subsequent violation.

Geist said his bill has the support of both union members and contractors’ associations.

"Workers and management are united behind this measure," Geist said. "Our intent is to make it as difficult and as costly as possible for a disreputable contractor to make a fast dollar off the backs of his workers by paying below market wages."

A prevailing wage act requires public works contractors to pay trades people no less than the wages that prevail on similar projects within the same region. It gives contractors an equal opportunity to bid and win government contracts and ensures government will not undermine the working conditions and wages that are prevalent in a particular area. The act forces all contractors, union or non-union, to compete on their individual merits in the bidding process, rather than upon the ability to undercut competitors by paying less than a living wage.

"Competing on a level playing field ensures employers will hire only the most-highly skilled and efficient workers," Geist said. "It also ensures the finished project will reflect the highest standards of worker quality."

The measure was approved by a 68-5-4 vote and now heads to the Senate for consideration.

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For Release:  December 17, 2001    Contact: Rebecca Schaffer

HECK-VANDERVALK BILL REQUIRING REPORTS ON ELDERLY ABUSE
APPROVED BY ASSEMBLY

Legislation that would mandate the reporting of incidents of suspected neglect, abuse or exploitation against the elderly, developmentally disabled, or persons suffering from other incapacities was approved by the General Assembly today.

Under the bill, A-1480, sponsored by Assemblywomen Rose Marie Heck and Charlotte Vandervalk, the reports would be made to the Commissioner of Human Services, who would refer them for investigation and evaluation to the appropriate county welfare agency.

The county welfare agency would provide support services and refer victims to available mental health, home health and medical assistance programs.

"This legislation enhances the safety and welfare of the vulnerable elderly," said Heck, R-Bergen. "Too often, the elderly and the disabled are abused and taken advantage of, and many are unable to protect themselves."

"Neglecting or taking advantage of a person who cannot properly care for himself or herself is one of the most despicable forms of abuse," said Vandervalk, R-Bergen. "This measure will help to stop this abuse and ensure the elderly and disabled a better level of protection."

The measure would expand current law, which requires any person who suspects incidents of abuse of residents of health-care facilities, or rooming or boarding houses to report such information to the Commissioner of Human Services. The bill would expand this section to prohibit neglect, in addition to exploitation and abuse of the residents.

In addition, the bill would prohibit employers from taking discriminatory or retaliatory action against an individual who reports incidents of abuse, neglect or exploitation. Failure to report such incidents would be a disorderly persons offense.

The legislation also would require the commissioner to report annually to the governor and the Legislature on the effectiveness of the bill, including the number and types of incidents reported, a description of the victims and recommendations for the prevention and alleviation of the abuse, neglect and exploitation of an elderly person or a vulnerable adult.

The Heck-Vandervalk measure was approved by a vote of 76-0-1 and now heads to the Senate for consideration.

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For Release:  December 17, 2001    Contact: Rebecca Schaffer

PENNACCHIO BILL TO CREATE FOSTER CARE WELLNESS CENTERS ADVANCES

Legislation sponsored by Assemblyman Joseph Pennacchio that would recommend the state Department of Human Services (DHS) establish comprehensive foster care wellness centers throughout New Jersey was approved today by the General Assembly.

The measure AR-212, urges DHS to investigate the feasibility of establishing foster care wellness centers to provide medical and mental health services for children in foster care. Currently, DHS and the Division of Youth and Family Services (DYFS) provide some services for foster parents including a monthly board payment, a clothing allowance and health care coverage for the child. However, foster parents are responsible for arranging and providing care to meet the foster child’s physical and mental health needs.

"Children in foster care may have been abused, neglected or the victim of other serious family problems," said Pennacchio, R-Essex, Morris, Passaic. "An increasing number of children in foster care have extraordinary medical difficulties, such as chronic lung disease, head injuries, HIV exposure or infection, or seizures. It is tragic how many foster children have been abused, neglected or the victim of other serious family problems.

"Attending to children with special needs can be a time-consuming and complicated task, considering the specialized care that many foster children require," Pennacchio said. "My bill would help simplify health care for foster children and parents by providing a single point of service for all medical and mental health services. Hopefully, by creating these wellness centers, we would help parents with that responsibility."

The measure was approved by a 76-0 vote.

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For Release:  December 17, 2001    Contact: Jody Graichen

FELICE BILL MANDATING SCREENING OF NEWBORNS FOR HEARING LOSS
WINS APPROVAL

"Early hearing loss detection leads to early intervention and treatment, making it easier for the child to learn and develop in a normal manner," said Felice, R-Bergen, Passaic. "Being aware of hearing loss in its earliest stages allows more time to adjust to and possibly overcome the impairment. Without doubt, the greatest threat of hearing loss is finding out too late."

"The lives and learning abilities of thousands of children would be affected by this legislation and I wholeheartedly believe any measure that can be taken to help a child detect early hearing loss is a worthwhile venture," Felice added.

The measure, which was merged with identical Senate legislation, was approved by a 76-0-1 vote. It now heads to the Governor for consideration.

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For Release:  December 17, 2001    Contact:  Sylvie Mulvaney

HOLZAPFEL BILL TO EXPAND PROSECUTION LIMITS IN DNA CASES WINS APPROVAL

Legislation that would give backlogged crime labs more time to analyze stored DNA evidence, thereby extending prosecution time limitations, was approved today by the General Assembly.

The bill, A-2658, is sponsored by Assemblyman Jim Holzapfel, R-Ocean, Monmouth.

"Advances in DNA technology make it easier every day to match criminals to their crimes," said Holzapfel, a former Ocean County prosecutor. "Unfortunately, these advances have overwhelmed crime labs and created significant analysis backlogs.

"At times, such delays allow the criminal to hide behind time limits and escape prosecution," Holzapfel said. "It’s frustrating for the victim and law enforcement officials to be certain who is responsible for a crime, yet know the perpetrator will go unpunished due to an antiquated time restriction."

Holzapfel’s bill would remove prosecution time limitations when DNA collected from a crime scene could be used to identify the criminal at a later date.

Holzapfel explained that statutes of limitation initially were meant to protect defendants from the use of stale evidence against them. But when properly collected, handled and stored, DNA evidence can be used years later to accurately identify criminals.

"It’s time the law kept up with technological advances," Holzapfel said. "If DNA evidence lasts for years, so should law enforcement’s window of opportunity for prosecution."

The measure, which was merged with identical Senate legislation, was approved by a 76-0 vote. It now heads to the Governor for consideration.

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For Release:  December 17, 2001    Contact:  Majority Press Office

DIGAETANO-KELLY MEASURE ESTABLISHING ITALIAN-AMERICAN COMMISSION
WINS APPROVAL

Legislation sponsored by Majority Leader Paul DiGaetano and Assemblyman John V. Kelly that would create the New Jersey Commission on Italian and Americans of Italian Heritage, Culture and Education was approved today by the full Assembly.

The commission would advise public and private schools on the incorporation of Italian-American culture and social contributions into the curriculum. A comprehensive guide would be made available to educators detailing Italian-American heritage exhibits and resources throughout the state.

The measure was approved by a 71-3-1 vote and now heads to Senate for consideration.

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For Release:  December 17, 2001    Contact:  Rebecca Schaffer

KELLY BILL TO ESTABLISH CERTIFICATION PROGRAM FOR FIRE PROTECTION CONTRACTORS ADVANCES

Legislation sponsored by Assemblyman John V. Kelly that would create a comprehensive, mandatory certification procedure for contractors who sell, install, repair, inspect and maintain fire protection equipment was approved today by the General Assembly.

According to the bill, an applicant applying for certification to engage in the fire protection equipment business must meet the following criteria:

be at least 18 years of age;

be of good moral character and not have been convicted of a crime of the first, second or third degree within 10 years prior to filing the application;

meet qualifications established by the commissioner, regarding experience, continuing education, financial responsibility and integrity; and

establish his qualifications to perform and supervise various phases of fire protection equipment installation, service, repair, inspection and maintenance as evidenced by successful completion of an examination approved by the commissioner.

The bill would require certificate holders to maintain at least one business office within the state; clearly mark each installation and service vehicle with the business name; and maintain an emergency service number attended to on a 24-hour basis.

Contractors would be required to carry commercial general liability insurance in the minimum amount of $1,000,000 for each coverage. Also, contractors would be required to furnish a general warranty for one year with each system installation. Any work done by an uncertified employee would be examined by a certificate holder prior to activating the fire protection equipment. A certificate holder would be liable for any unprofessional conduct of an employee while acting within the scope of his employment.

Finally, the bill would establish a Fire Protection Equipment Advisory Committee to assist in the administration of the bill's certification program. The committee would consist of the Director of the Division of Fire Safety and one member representing each of the following fire protection organizations:

The Assembly voted 75-2 to concur with Senate amendments to the bill. The measure, A-1950, now heads to the Senate for consideration.

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For Release:  December 13, 2001    Contact: Sylvie Mulvaney

THOMPSON-GEIST BILL TO CREATE ‘COORDINATING COMMITTEE ON YOUTH’
WINS RELEASE

Legislation that would establish the Coordinating Committee on Youth to study and replicate ways to reach at-risk youths before they commit crimes was released today from the Senate Budget and Appropriations Committee.

The bill, A-1915, sponsored by Assemblymen Sam Thompson and George Geist, would create the committee in the New Jersey Department of State and appropriate $50,000 in start-up costs. Under the bill, the panel would assess current, successful, faith-based and nonprofit youth programs and encourage similar model programs in targeted communities with high unemployment, substandard housing, and high crime and juvenile incarceration rates.

The measure also would have the committee establish a statewide Corporate-Business Youth Mentor Program to provide youth mentoring and to demonstrate the value of honest work and legitimate employment.

The measure would implement three recommendations of the Assembly Task Force on Adolescent Violence. In June 1999, the seven-member bipartisan panel issued a 65-page, 68-recommendation report on ways to reduce the number and severity of random acts of adolescent violence.

"Youth violence is a multi-faceted problem that requires creative solutions," said Thompson, R-Middlesex, Monmouth, a task force member. "By putting so many heads together and comparing notes on programs implemented successfully elsewhere, we increase our chances of reaching more young people before they succumb to a pattern of violence."

"With so many broken homes and two-income families, today’s children often must learn to fend for themselves during the long hours without supervision," said Geist, R-Gloucester, Camden. "Poverty and peer pressure can persuade lonely youths to join gangs, for example, simply to find a sense of belonging. Offering children outreach alternatives provides additional support and encouragement."

The panel would include, among others: all members of the Governor’s cabinet; the Juvenile Justice Commission executive director; and the director of the Administrative Office of the Courts. In addition, the Governor, Senate President and General Assembly Speaker would appoint another 15 public members who would be representatives of youth-serving and religious organizations, New Jersey’s corporate and business community, the news media and the television and motion picture industries, and others who, by training and experience, have an interest in and knowledge of the problems and perspectives of disadvantaged youth.

"Our actions today will define our children’s futures," Geist said. "We as adults and community leaders hold the key to safer schools and neighborhoods. We must pool our knowledge and ideas to help encourage the development of young minds and promising talents."

The legislation would require the committee to organize annual statewide or regional conferences to foster relationships among groups and experts in various disciplines, including: churches and clergy from all denominations, business leaders, housing advocacy groups, employers, financial institutions, juvenile justice and education specialists. The groups and individuals would be encouraged to form partnerships to ensure all youths receive the assistance needed to grow as productive individuals.

"This interaction has the potential to improve living conditions and bring about positive change in communities," Thompson said. "By fostering business retention, expansion and job creation, improved housing and promoting private investments and bank lending practices conducive to investment in targeted areas, economically declining communities can be revitalized."

Under the bill, the committee would foster the creation and airing of public service advertisements and programming explaining the distinctions between fictionalized and actual violence. Such a partnership between government and the media would target specific messages for at-risk populations, parents and other adults working with children.

The committee also would be required to submit an annual report to the Governor and the Legislature detailing its accomplishments and any recommendations it might have for legislation to be enacted. The committee would dissolve on June 30, 2006 unless reconstituted by the Legislature.

The bill now heads to the full Senate for consideration.

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For Release:  December 13, 2001    Contact:  Chuck Leitgeb

GEIST POST-CONVICTION DNA TESTING BILL CLEARS ASSEMBLY COMMITTEE

New Jersey would implement a post-conviction DNA testing program under the provisions of legislation sponsored by Assemblyman George F. Geist that was released xx-x today by the Assembly Judiciary Committee.

Geist said the DNA tasting procedures would ensure that any miscarriages of justice would be corrected by the state.

"Our judicial system was designed to protect society by putting criminals behind bars," said Geist, R-Camden, Gloucester. "It would be foolish, however, to think that our system of justice is perfect. Judges and juries sometimes make mistakes that send an innocent person to jail.

"With the continued advancement of DNA testing technology, we have the opportunity to make our judicial system work even better," Geist added. :In addition to protecting the rights of those wrongly convicted, this legislation would store DNA profile information in a database and allow law enforcement to use the results to prosecute other crimes an individual may have committed."

Geist said a person currently imprisoned could make an application to the court for forensic DNA testing. The motion for the test would have to:

explain why the identity of the convicted person’s was a significant issue in the case.

explain, in light of all the evidence, on what basis a motion for a new trial would be granted if a DNA test is favorable to the defendant.

explain whether DNA testing was done at any prior time, whether the defendant objected to providing a biological sample for DNA testing and whether the defendant objected to the admissibility of DNA testing evidence at trial.

make a reasonable attempt to identify the evidence to be tested and the type of DNA testing sought.

include a consent to provide a biological sampling for DNA testing.

"It is important to establish judicial guidelines for filing DNA testing requests," Geist said. "We must make certain all requests for DNA testing are reasonable and justifiable."

Geist said that in cases where DNA testing has been ordered, the attorney general or prosecutor may recommend that a particular type of test be conducted.

In addition, the Geist bill stipulates that the court cannot grant a motion for DNA testing unless it determines the following conditions have been established:

the evidence to be tested is available and in the proper condition to undergo testing.

the evidence to be tested has been subject to a chain of custody sufficient to establish that it has not been tampered with, replaced or altered in any way.

the identity of the defendant was a significant issue in the case.

the convicted person has made a prima facie showing the evidence sought to be tested is material relating to the issue of identity.

the requested DNA testing results would raise a reasonable probability, if the results were favorable to the defendant, that a motion for a new trial based upon the newly discovered evidence would be granted.

the evidence sought either has not been previously tested, or it has been tested but the results of the initial test may be questionable.

the testing employs a method which is generally accepted.

the motion is not made solely for the purpose of delaying any judicial proceedings.

Geist said the DNA testing would be conducted by the New Jersey State Police Forensic Science Laboratory. If the State Police laboratory was unable to perform the test, the test would be conducted by a lab that was accredited by the American Society of Crime Laboratory Directors Accreditation Board or a laboratory that has a certificate of compliance. The cost of the testing would be borne by the convicted person.

"This legislation would implement a reasonable and sensible post-conviction DNA testing program that would provide individuals to prove their innocence while ensuring the integrity of the judicial system is protected by establishing specific guidelines for requesting DNA testing," Geist said. "It is legislation that will undoubtedly strengthen our state’s judicial system."

The legislation, A-3996, now heads to the full Assembly for consideration.

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For Release:  December 13, 2001    Contact: Sylvie Mulvaney

COMMITTEE RELEASES DiGAETANO-ARNONE -HOLZAPFELANTI-TERRORISM BILL

The legislation, sponsored by Assembly Majority Leader Paul DiGaetano and Assemblymen Michael J. Arnone and Jim Holzapfel, was drawn up in response to the Sept. 11 terrorist attacks in New York City and Washington, D.C., and the attempted plane hijacking that caused an aircraft to crash in rural Pennsylvania.

The new offenses created under the substitute include terrorism; soliciting or providing material resources to terrorists; producing or possessing chemical weapons, biological agents or nuclear or radiological devices; and hindering the prosecution of terrorism. The legislation also would expand the wiretapping statute to include these new crimes, and add terrorism to the list of aggravating factors considered in determining whether a defendant should receive a death sentence.

"The events of Sept. 11 demonstrated clearly that our current laws are not tailored toward effectively combating terrorism," said DiGaetano, R-Essex, Bergen, Passaic. "This bill would help bridge the gap by providing a multi-faceted response to this very real threat."

"Law enforcement needs enhanced tools to address America’s terror threat," said Arnone, R-Monmouth. "We want to make certain proper deterrents and penalties are in place immediately to ensure the punishment fits the crime."

"Terrorism is no longer simply a threat, as we unfortunately discovered in September," said Holzapfel, R-Ocean, Monmouth. "Under the circumstances, even off-hand jokes must be taken seriously. And in the event any more acts of terrorism scar our state and nation, we must make the punishment fit the crime."

Following is a description of the new offenses:

Terrorism -- The bill would add terrorism to the list of aggravating factors to be considered in sentencing a defendant to death for a homicide conviction. Under the bill, "terrorism" involves committing, attempting, conspiring or threatening to carry out specific crimes with the purpose of terrorizing five or more people, influencing policy or affecting government conduct.