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1、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
2、 online. 09/29/2010,Bias Intimidation / Harassment,2C:16-1 / 2C:33-4,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 enact
3、ed 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
4、, the outdated term “handicap” has been replaced with the more modern term, “disability.”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
5、 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),Bias Intimidation. A person
6、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-
7、5, with a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity; or Knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color,
8、 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 cir
9、cumstances 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
10、victim is interested because of race, color, religion, gender, handicap, sexual orientation, or ethnicity, or (b) the victim or the victims property was selected to be the target of the offense because of the victims race, color, religion, gender, handicap, sexual orientation, or ethnicity. b. Permi
11、ssive 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
12、 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 under
13、lying 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 firs
14、t 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
15、: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 O
16、ffenses) 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 underl
