New Jersey Section 2C:98-4 – Effective date

When Does New Jersey Section 2C:98-4 Take Effect?

New Jersey Section 2C:98-4 is part of the state’s criminal code that specifies when certain sections of the code take effect. This section states that Title 2C, known as the New Jersey Code of Criminal Justice, takes effect on September 1, 1979.

So in essence, 2C:98-4 establishes September 1, 1979 as the effective date for the implementation of New Jersey’s criminal laws under Title 2C. Here are some key points about this statute:

• It was enacted in 1978 as part of the adoption of the New Jersey Code of Criminal Justice, which overhauled the state’s criminal laws. Prior to 1979, New Jersey still used common law crimes.
• The purpose of having an effective date was to give law enforcement, prosecutors, courts, and others time to transition to the new code. Having a delayed effective date provided a grace period to learn the new laws.
• September 1, 1979 is specified in Section 2C:98-4 as the exact date when Title 2C would kick in. This served as the starting point for enforcing the code’s provisions.
• Numerous sections of Title 2C refer back to the effective date in determining how certain laws apply. For example, the sentencing provisions in 2C:1-1(e) mention the effective date in relation to when offenses were committed.

So in short, the effective date provision establishes when New Jersey’s criminal statutes moved to being defined by legislation rather than common law. Ever since September 1st, 1979, anyone charged with a crime in New Jersey faces prosecution under the Code of Criminal Justice.

Legal Significance of the Effective Date

While September 1st, 1979 may seem like an arbitrary date, it holds important legal significance that criminal lawyers need to understand. Some key implications include:

Jurisdictional Issues

Courts have cited 2C:98-4 in determining whether they have jurisdiction over offenses committed before the effective date. For example, in State v. Molnar, the court ruled that it lacked jurisdiction over a manslaughter case because the incident occurred prior to September 1, 1979.

So the effective date establishes the cutoff for which courts have authority over Title 2C offenses. Only acts committed after September 1st, 1979 fall under the Code of Criminal Justice.

Application of New Laws

In addition to jurisdictional questions, the effective date also plays a role in whether amended laws apply retroactively. Both state and federal courts have pointed to 2C:98-4 when examining if newer versions of statutes can apply to older crimes.

Generally, unless specified otherwise, amendments to Title 2C after 1979 only apply prospectively from the amendment’s own effective date. They do not retroactively alter sentences for crimes committed earlier.

Parole Eligibility

Another area where the effective date factors in is parole eligibility. Under New Jersey law, offenses committed before 1979 have different parole guidelines than those afterward.

So the Parole Board may take 2C:98-4 into account when reviewing eligibility for pre-Code offenders. This can impact requirements around minimum sentences, hearing schedules, and supervision terms after release.

Prior Convictions

Finally, how prior convictions affect sentencing depends in part on the effective date. For instance, the grading of repeat drug distribution offenses under 2C:35-5 changes based on whether previous convictions occurred before or after September 1, 1979.

So when prosecutors seek extended sentences for certain repeat offenders, the timing of earlier offenses related back to the Title 2C effective date may play a pivotal role.

When Does the Effective Date Matter?

Given the examples above related to jurisdiction, parole, and sentencing, it is important for criminal lawyers to note the effective date whenever:

• The timing of an offense is at issue
• A statute or guideline references the effective date
• Amendments to Title 2C statutes are implicated
• Older prior convictions exist from before 1979

While seemingly just a date on the calendar, September 1st, 1979 has far-reaching effects in applying New Jersey’s criminal laws. It marked the shift from common law crimes to strictly codified offenses under Title 2C.

And over forty years later, 2C:98-4’s effective date continues influencing everything from charging decisions to parole eligibility. So both prosecutors and defense lawyers need to carefully consider dates when handling criminal matters in New Jersey courts.