As reported on Senatenj.com, the New Jersey State Senate passed legislation sponsored by Diane Allen and Christopher Bateman to increase penalties for assaulting a corrections officer, sheriff’s officer, and other law enforcement personnel because of their job status. “These law enforcement officers have some of the most difficult and dangerous jobs that there are,” said Allen (R-Burlington).  “Unfortunately, the risk carries over into their personal lives as we were made aware of an instance where a corrections officer was assaulted by a former inmate out in public.”

Under the legislation, S 2583, the charge of simple assault would be upgraded to aggravated assault if the act was committed against the following individuals because of their job status: Department of Corrections employees; County Corrections Officers; Juvenile Corrections Officers; State Juvenile Facility employees; Juvenile Detention Staff members; Juvenile Detention Officers; Probation Officers; or any Sheriff, Undersheriff, or Sheriff’s Officer.  Currently, simple assault is upgraded to aggravated assault only if the act occurs while the officer is engaged in their work duties.  S 2583 is consistent with state law upgrading simple assault to aggravated assault against a police officer because of his or her status as an officer.

“Sadly we have seen that sometimes police and other law enforcement officers are targeted and attacked because of their profession,” Bateman (R-Somerset, Hunterdon, Middlesex, Mercer) said.  “The vast majority of these men and women in uniform are honest and dedicated public servants and it’s important that we take this step to protect them from violent attacks.”

Please continue to check this blog periodically to ascertain updates regarding this bill.

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.