NJ A4542

Adds the crime of creating false public alarms (N.J.S.2C:33-3) to the list of offenses that can constitute bias intimidation when committed with intent to intimidate based on race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity

Removes a provision from the bias intimidation statute that the New Jersey Supreme Court ruled unconstitutional in State v. Pomianek (2015), which had focused on the victim's perception of the defendant's state of mind rather than the defendant's actual intent

Bias intimidation is graded one degree higher than the underlying offense, meaning false public alarm offenses motivated by bias could be elevated from fourth-degree crimes up to first-degree crimes depending on circumstances

First-degree bias intimidation convictions carry potential sentences of 15 to 30 years imprisonment with a presumptive term of 20 years, plus fines up to $200,000

Courts may also order convicted individuals to complete sensitivity training, counseling programs, or make payments to community programs serving bias intimidation victims