N.J. Senate passes stiffer terms for child sex offenders

TRENTON - The New Jersey Senate approved a bill Thursday that would lock up certain child sex offenders for a minimum of 25 years. The measure had languished for years and drew the attention last summer of conservative commentator Bill O'Reilly.

The Jessica Lunsford Act, named for a 9-year-old Florida girl who was kidnapped, raped, and murdered by a registered sex offender in 2005, would punish those convicted of aggravated sexual assault against a child under 13 with a 25-years-to-life prison sentence. The bill also would sentence anyone who harbored such an offender to a minimum of six months in jail and impose up to $10,000 in fines.

The Senate, ruled by Democrats, voted 31-0 in favor. In the Assembly, the bill remains in committee.

Sen. Diane Allen (R., Burlington) introduced the bill in 2005, but it never made it to a floor vote until this week. New Jersey is one of the few states that has not enacted some type of "Jessica" law.

"I think politics played a role, unfortunately," Allen said after the vote. "Hopefully we won't have to deal with that again. I'm happy that this was a bipartisan effort."

O'Reilly in July accused Senate President Stephen Sweeney (D., Gloucester) of blocking a vote on the bill. He called Sweeney's inaction "cowardly."

The West Deptford ironworker went on Fox News' The O'Reilly Factor in August, noting that he cosponsored the latest version of the bill. Sweeney also sponsored a 2005 bill requiring GPS tracking of convicted sex offenders, a major component of Florida's "Jessica" law.

But Sweeney acknowledged on the show that seven years was too long for the bill to sit.

During the voting session Thursday, Sen. Nicholas P. Scutari (D., Union), a lawyer, asked how the law would affect a 13-year-old who had consensual sex with a 12-year-old. Could the 13-year-old be sentenced to 25 years in prison?

A 13-year-old would be tried as a juvenile, Allen said, and no 13-year-old in the last five years has been tried as an adult.

Sen. Raymond Lesniak (D., Union) voted for the bill but said he wanted to ensure that it included provisions that would prevent teenagers engaging in consensual sex from being prosecuted.

The Office of Legislative Services could not determine an exact cost, but it estimates that the bill could add as much as $6.5 million annually to the corrections budget.

Gov. Christie, a Republican, told O'Reilly that he would likely sign such a bill.

Under current law, a person convicted of such a crime would face 10 to 20 years in prison and could be released on parole after serving 81/2 years.

Also Thursday, the Senate voted, 21-17, to create an online health-care exchange, a key piece of the Affordable Health Care Act.

New Jersey must decide by Nov. 16 whether to start its own insurance exchange or join the federal program.

The bill, which resembles a similar one that Christie vetoed this year, awaits Assembly approval.

An attempt to override one of Christie's vetoes grew testy when Sen. Michael J. Doherty (R., Warren) tried to discuss a commissioner at the Port Authority of New York and New Jersey whom the Senate had confirmed.

Sweeney said Doherty's comments were unrelated to the bill, which would have enhanced transparency at the Port Authority.

"Senator, for the last time, stay on the bill," Sweeney yelled, slamming his gavel as Doherty continued to talk. "Senator, do you want to be ruled out of order? . . . Is this how we're going to do things here, Senator? You want to ignore the rules?

"Senator, please sit down. We haven't done this before, but if this is how we've got to go, I'm ready to go."

Doherty yielded.

The bill passed, 29-0, in March, with five Republicans supporting it. It would have required commissioners to hold a hearing before raising tolls and put into place regular audits by an independent firm.

GOP legislators on Thursday lined up with Christie, who conditionally vetoed the measure in July. Christie argued that other regional agencies should be subject to similar scrutiny.

Democrats called that a cop-out. New Jersey and New York must pass the same bill for it to be enacted, and a bill with the exact language is under consideration in New York.

"I believe he has foisted a sham veto upon this Legislature," said Sen. Robert M. Gordon (D., Bergen). He added, "If you let this veto stand, you are telling the public that they have no right to know."

The override attempt, like every attempt since Christie took office, failed to muster the required two-thirds vote of the 40-member body.