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A 2039

Upgrades crime of endangering person with a disability or elderly person.

2024-2025 Regular Session Introduced by Michele Matsikoudis and 1 co-sponsor

Expands endangering penalties to cover disabled and elderly (60+), raising charges by degree based on intent and risk to protect vulnerable groups.

Introduced in the Assembly, Referred to Assembly Judiciary Committee
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Bill Summary · A 2039

Summary of Assembly Bill A 2039

Overview

A 2039, introduced January 14, 2025, would upgrade the crime of endangering another person when the victim is a disabled person or an elderly person. The bill broadens the category of protected victims beyond the current focus on developmental disabilities, and it defines “elderly” as someone 60 years of age or older. It is presently referred to the Assembly Judiciary Committee.

What the Bill Would Do

  • Expands the penalties for endangering another person to apply when the victim is either:
    • a person with a disability, or
    • an elderly person (60+).
  • Upgrades the offense by one degree based on the offender’s mental state and the level of risk created:
    • Recklessly creating a substantial risk of bodily injury to a person with a disability or elderly person → Fourth degree crime.
    • Knowingly creating a substantial risk of serious bodily injury → Third degree crime.
    • Knowingly creating a substantial risk of death → Second degree crime.
  • Keeps the existing structure that already upgrades the offense for victims with a developmental disability but now applies the upgrade to a broader set of disabilities and to elderly persons.

Key Definitions

  • Disability: broad, using the definition from the New Jersey Law Against Discrimination (LAD), including physical, mental, and developmental disabilities (and conditions such as AIDS or HIV). The LAD definition encompasses a wide range of conditions that affect normal bodily or mental functions.
  • Elderly Person: a person aged 60 years or older.

Penalties by Degree (Under the Bill)

  • Fourth degree: up to 18 months in prison and/or fines up to $10,000.
  • Third degree: 3 to 5 years in prison and/or fines up to $15,000.
  • Second degree: 5 to 10 years in prison and/or fines up to $150,000.
  • Note: A defendant could be convicted of a more serious offense if the conduct meets the criteria for the higher degree based on knowledge and the risk created.

Victims and Scope

  • Protected groups: persons with disabilities (as broadly defined in LAD) and elderly persons (60+).
  • The bill clarifies that nothing in the act precludes charging or convicting the defendant of any other offenses under New Jersey law.

Procedural/Timeline Aspects

  • Take effect: 90 days after enactment.
  • Status: Introduced in the Assembly and referred to the Assembly Judiciary Committee (as of the information provided).

Legislative Context

  • Similar and related measures exist, including A 8976 (prior-session) and S 7316 (companion in the Senate).
  • Primary sponsor: Matthew Slater; multiple cosponsors listed.
  • Related to existing P.L.2015, c.186 (C.2C:24-7.1), which previously provided graduated penalties when the victim had a developmental disability.

Potential Impact

  • Increases deterrence and potential penalties for endangering disabled or elderly individuals.
  • Expands protections to a broader group of vulnerable victims, potentially affecting prosecutors, defense strategies, and victim services.
  • Aligns endangerment offenses with broader disability protections while reinforcing safety for older adults.

If you’d like, I can add a side-by-side comparison with the current statute (C.2C:24-7.1) to clearly show what changes the bill introduces.

Compiled from official sources — confirm details with the bill’s official record.

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