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Lucy, Esq.
Lucy, Esq., Lawyer
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Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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This is a 2007 bill: 1. N.J.S.2C:1-6 is amended to read as

Resolved Question:

This is a 2007 bill:
1. N.J.S.2C:1-6 is amended to read as follows
2C:1-6. Time Limitations. a. (1) A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time.

This is a 2006 bill:
1. N.J.S.2C:I-6 is amended to read as follows:
2C: 1-6. Time Limitations. a. A prosecution for any offense set forth in N.J.S.2C:II-3 £OJ 2[or11.2 [or] N.J.S.2C:11-4 l[or N.J.S.2C:14-2r 2 or N.J.S.2C:14-22 may be commenced at any time.

The difference between the 2006 and the 2007 bills is an Arabic numeral "(1)" after the a. Do you think the state of limitations were still in effect due to change since:

1:2-1. Enacting clause of laws; numbering sections; engrossing of bills
All laws of this State shall begin in the following style: "Be it enacted by the Senate and General Assembly of the State of New Jersey" , after which shall follow the sections numbered consecutively 1, 2, 3, et cetera, with the Arabic numerals, each number being followed immediately by the significant words of the section, without the prefix of the word "that" or the words "and be it enacted" , or any other formal prefix whatsoever. The Legislature shall see that all bills are engrossed in conformity to the provisions of this section and R.S. 1:2-2.

Amended by L.1981, c. 448, s. 1, eff. Jan. 12, 1982.

1:2-2. Chapters designated by Arabic numerals
Arabic numerals shall be used to designate the numbers of the chapters of the several laws in the order in which they are enacted.

I do not think it is just an "administrative" error would you please reread 1:2-1 and 1:2-2 and answer the question accordingly. The new change in the 2007 bill which was the Arabic numeral enacts that law.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Fran-mod replied 2 years ago.
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Customer: replied 2 years ago.
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Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The current version of New Jersey Statutes, Section 2C:1-6 states "2C:1-6. Time Limitations. a. (1) A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time." When looking at the statute of limitations, what's relevant is what the statute currently says.

If you look at the legislative history for the 2006 bill, which is Assembly bill 111, there are two things - first, that bill didn't change the statute of limitations for the second that you're talking about. It added text elsewhere in the statute, but that particular statute of limitations wasn't amended - the Senate just removed references to a couple of crimes that are no longer on the books. Second, the bill did not pass. Therefore, the language is irrelevant.
http://www.njleg.state.nj.us/bills/BillView.asp


The 2007 bill did pass, and the language is identical to what's currently in the statute, including the Arabic numeral. Again, that part wasn't changed. When they amend a bill, the new text is added, and certain other text is changed or deleted, but there was no need to make any changes to section (a)(1), because the bill didn't touch it. So, there's no basis for finding that the section providing for no statute of limitations wouldn't be effective.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20127
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Customer: replied 2 years ago.
This is the correct 2007 bill:
http://www.judiciary.state.nj.us/legis/2007c131_law.pdf
as you can see an Arabic numeral has been added that was not there previously and that means the statue of limitations were still in effect before 2007.
Expert:  Lucy, Esq. replied 2 years ago.
Section 2 of that bill provides that the new statute applies to any offense where the statute of limitations had NOT expired as of the date of enactment (depending on what prior sections of the bill said).

I understand what you're saying about the numbering, but that's really a housekeeping provision. The purpose is to ensure uniformity in the statutes, which makes them more clear and easier to read. There is nothing in those statutes that suggests that a statute that lacks Arabic numerals in the sub-parts would be invalid. For example, there are statutes that only have one section, and that section is not numbered. Those statues would not be considered per se invalid.
Customer: replied 2 years ago.
"There is nothing in those statutes that suggests that a statute that lacks Arabic numerals in the sub-parts would be invalid."

1:2-2. Chapters designated by Arabic numerals
Arabic numerals shall be used to designate the numbers of the chapters of the several laws in the order in which they are enacted.

I do not think it is just an "administrative" error.
Expert:  Lucy, Esq. replied 2 years ago.
That's a direction, without a remedy. It says that the legislature must use Arabic numerals. It doesn't say what happens if they don't, and it doesn't say that a statute not numbered that way is per se invalid. Usually, where there is a mistake in one section of the law, it's not rendered unenforceable as a result. It sounds as if you're arguing that the legislature intentionally left out the (1) and passed an invalid law. A judge is not likely to presume that the legislature spent time and money passing a law that they knew wouldn't or couldn't be enforced.

I appreciate your point of view, but as someone who has studied the law, I respectfully XXXXX XXXXX your interpretation. You certainly are free to make that argument to a judge if you believe that the law prohibits prosecution. I'm just explaining why I do not believe the argument will be successful.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20127
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 6 other Criminal Law Specialists are ready to help you

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