The New Jersey Law Revision Commission will meet on Thursday, November 21, 2019, at 10:00 a.m. in the Commission offices on the 7th Floor, 153 Halsey Street, Newark, New Jersey.

1. Mandatory Sentencing: Consideration of a Draft Final Report proposing modifications to statutes concerning mandatory sentencing in response to case law discussing factors that require a jury determination along with a Memorandum discussing comments received. Report Memo

2. Definition of “Marital Status”: Consideration of a Draft Final Report proposing modifications to N.J.S. 1:12A-8 to reflect the treatment of the term “marital status” by the New Jersey Supreme Court in Smith v. Millville Rescue Squad, 225 N.J. 373 (2016) and in response to comments received, along with a Memorandum concerning the definition of “protected class” as used in Title 10. Report  Memo  Chart

3. Harassment: Consideration of a Revised Draft Tentative Report proposing the modification of N.J.S. 2C:33–4 to criminalize expressive activity narrowly in order to avoid any conflict with constitutionally protected free speech as discussed in State v. Burkert, 231 N.J. 257 (2017). Report  

4. Statute of Limitations: Consideration of a Draft Tentative Report proposing the modification of N.J.S. 39:6A-9.1 to clarify the event that triggers the statute of limitations in matters involving Personal Injury Protection (PIP) claims as considered by the Court in Abdulai v. Casabona et al., 2016 WL 1334539 (App. Div. 2016). Report

5. Property Tax Refund: Consideration of a Draft Tentative Report proposing modifications to N.J.S. 54:4-54, to clarify that a municipality must refund property taxes mistakenly paid, as discussed in Hanover Floral Co. v. East Hanover Township, 30 N.J. Tax 181 (N.J. Tax 2017). Report

6. Hearsay: Consideration of a Memorandum providing a status update to the Commission regarding the modification of a statute to clarify a hearsay evidence issue found in N.J.S. 9:6–8.46 pertaining to child abuse and neglect proceedings. Memo

7. Definition of “Traumatic Event”: Consideration of a Memorandum proposing a project to define the meaning of the term “traumatic event” as it appears in N.J.S.A 43:16A-7a(1), and as discussed in Mount v. Board of Trustees, Police and Firemen’s Retirement System, 233 N.J. 402 (2018). Memo

8. Clarification of “Interpretive Statement” question: Consideration of a Memorandum proposing a project to clarify N.J.S. 19:3-6, explaining which municipal actor has the authority to draft and submit an interpretive statement with a referendum ballot, as discussed in Desanctis v. Borough of Belmar, 455 N.J. Super. 316 (App. Div. 2018). Memo

                   * Next meeting currently scheduled for December 19, 2019.*