A4448 —

A4448 ACS AAPFISCAL StatementESTIMATE 6/13/19 ASSEMBLY APPROPRIATIONS COMMITTEE   STATEMENTLEGISLATIVE TOFISCAL  ESTIMATE ASSEMBLY COMMITTEE SUBSTITUTE FOR ASSEMBLY, No.

4448   STATE OF NEW JERSEY 218th LEGISLATURE   DATED:

 JUNEJUNE 13,21, 2019          TheSUMMARY Assembly  AppropriationsSynopsis: Committee reports favorably an Assembly Committee Substitute for Assembly Bill No.

4448.Establishes fourth degree crime of cyber-interference.

     Type The committee substitute establishes the crime of cyber-interferenceImpact: and makes a violation a crime of the fourth degree.        Under the substitute bill, a person commits the crime of cyber-interference if the person, with the purpose to harass another, tampers or interferes with any software, computer, cell phone, or any other electronic device.  The substitute bill defines “electronic device” to include,  but not be limited to, a smart home device or system, home security system, computer, digital camera, wireless or portable equipment, entertainment system, or any other device that is capable of transmitting, receiving, or recording messages, images, sounds, data, or other information by electronic means.

Annual State Expenditure and Revenue Increases.

Annual Expenditure Increases to County Governments.

Agencies Affected:

Department of Law and Public Safety;

Judiciary;

Office of the Public Defender;

Department of Corrections;

County Governments.    Office of Legislative Services Estimate Fiscal Impact Annual    State Expenditure Increase Indeterminate   State Revenue Increase Indeterminate   Local Expenditure Increase Indeterminate         ·         The Office of Legislative Services (OLS) finds that establishing the crime of cyber-interference would result in indeterminate annual expenditure increases to the Department of Law and Public Safety, the Judiciary, the Office of the Public Defender, and county prosecutors’ offices to the extent the bill results in more trials and convictions.  The OLS has insufficient data to serve as a basis for projecting the frequency of criminal violations subject to sanctions under the bill.

·         The cyber-interference activities enumerated in the bill would be a crime of the fourth degree, which is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

·         The Department of Corrections would incur increased annual costs if the bill’s provisions result in more incarcerations.

·         The State would incur an indeterminate annual revenue increase from fine and penalty payments if the bill’s provisions result in more convictions.

BILL DESCRIPTION         The bill establishes the crime of cyber-interference and makes a violation a crime of the fourth degree.

      Under the bill a person commits the crime of cyber-interference if the person, with the purpose to harass another, tampers or interferes with any software, computer, cell phone, or any other electronic device.  The bill defines “electronic device” to include, but not be limited to, a smart home device or system, home security system, computer, digital camera, wireless or portable equipment, entertainment system, or any other device that is capable of transmitting, receiving, or recording messages, images, sounds, data, or other information by electronic means.

    FISCAL NOTE:ANALYSIS   EXECUTIVE BRANCH         None received.

       TheOFFICE OfficeOF ofLEGISLATIVE LegislativeSERVICES Services  (OLS)      concludesExpenditure thatIncreases: expanding the crime of cyber-harassment would result in indeterminate annual expenditure increases to the Department of Law and Public Safety, the Judiciary, the Office of the Public Defender, and county prosecutors’ offices to the extent the bill results in more trials and convictions.  The OLS has insufficient data to serve as a basis for projecting the frequency of criminal violations subject to sanctions under the bill.

      The TheOLS cyber-harassmentfinds enumeratedthat inestablishing the bill would be a crime of thecyber-interference fourthwould degree,result whichin isindeterminate punishableannual byexpenditure aincreases termto ofthe imprisonmentDepartment of upLaw toand 18Public months,Safety, athe fineJudiciary, ofthe upOffice toof $10,000the orPublic both. Defender, Severaland ofcounty theprosecutors’ specifiedoffices activitiesto wouldthe appearextent tothe bebill aresults fourthin degreemore crimetrials underand currentconvictions. law.

      The TheOLS Departmenthas ofinsufficient Correctionsdata wouldto incurserve increasedas annuala costsbasis offor projecting the bill’sfrequency provisionsof resultcriminal inviolations moresubject incarcerations. to Thesanctions Stateunder would collect additional fine and penalty revenues if the bill’sbill. provisions result in more convictions.

      The cyber-interference activities enumerated in the bill would be a crime of the fourth degree, which is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.  Several of the specified activities would appear to be a fourth degree crime under current law.

 A presumption of non-incarceration applies to first-time offenders for crimes of the fourth degree.  However, there may be instances where violations of the bill’s provisions lead to incarceration, resulting in increased costs to the Department of Corrections.

        Revenue Increases:  The State would incur an indeterminate annual revenue increase from fine and penalty payments if the bill’s provisions result in more convictions.         The OLS cannot determine the number of convictions as a result of the bill and, by extension, the total of any resultant fine, fee, and assessment collections.        The OLS additionally notes that due to financial constraints, many penalties go unpaid by those persons convicted of crimes.

    Section:

Law and Public Safety Analyst:

Kristin Brunner Santos Senior Fiscal Analyst Approved:

Frank W.

Haines III Legislative Budget and Finance Officer   This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

  This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).